[2024] KEHC 13609 (KLR)
The court found that the Applicants and Respondent were parties to an agreement containing an arbitration clause, and that the Applicants had complied with the requirements for enforcement of an arbitral award under section 36 of the Arbitration Act, 1995. The Respondent, despite being served, did not participate in...
Source-derived case information.
- Citation
- [2024] KEHC 13609 (KLR)
- Parties
- Applicant: Philip Kipkemoi Kiplagat; Applicant: Janet Chepkemoi Biwott; Respondent: Kencom Sacco Society Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Arbitration Cause E011 of 2024
- Procedural Posture
- Commercial Arbitration Cause / Ruling on Application to Enforce Arbitral Award
- Outcome
- Application allowed with costs to the Applicants.
- Judges
- H Namisi
- Legal Topics
- Arbitral Award Enforcement, Recognition of Awards, Arbitration Agreements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kipkemoi Kiplagat
Applicant
Janet Chepkemoi Biwott
Applicant
Kencom Sacco Society Limited
Respondent
Procedural Posture
Commercial Arbitration Cause / Ruling on Application to Enforce Arbitral Award
Legal Issues
- 1 Whether the arbitral award dated 27th November 2023 is enforceable as a decree of the court.
- 2 Whether the Respondent has challenged or set aside the arbitral award within the statutory period.
Ratio Decidendi
The court found that the Applicants and Respondent were parties to an agreement containing an arbitration clause, and that the Applicants had complied with the requirements for enforcement of an arbitral award under section 36 of the Arbitration Act, 1995. The Respondent, despite being served, did not participate in the arbitral proceedings or the enforcement application, nor did it challenge the award within the statutory period provided under section 35(3) of the Act. There being no grounds to refuse enforcement and all procedural requirements having been satisfied, the court held that the arbitral award is enforceable as a decree of the court.
Court Disposition
Application allowed with costs to the Applicants.
Orders
- Leave is granted to the Applicants to enforce the arbitral award dated 27th November 2023 as a decree of the court.
- The Respondent shall pay the costs of this application to the Applicants.
Full Case Text
Judgment text and source record
24 paragraphs
Kiplagat & another v Kencom Sacco Society Limited (Commercial Arbitration Cause E011 of 2024) [2024] KEHC 13609 (KLR) (Commercial and Tax) (7 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13609 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Commercial Arbitration Cause E011 of 2024
H Namisi, J
November 7, 2024
Between
Philip Kipkemoi Kiplagat
1st Applicant
Janet Chepkemoi Biwott
2nd Applicant
and
Kencom Sacco Society Limited
Respondent
Ruling
1. The Applicants herein have filed Chamber Summons dated 21 February 2024 seeking leave to enforce the Final Award dated and published on 27th November 2023 by Arbitrator, Hon. Rina Ahluwalia Chatrath. MCIArb as a decree of this Court. The Application is supported by the Affidavit sworn by the 2nd Applicant as well as the grounds on the face of the application.
2. In her Affidavit, the 2nd Applicant deponed that the Applicants and Respondent were parties to an Agreement for Sale of immoveable property, which was dated 15th October 2020. Clause 30 of the said Agreement provided that disputes would be resolved through arbitration, where the parties would appoint a single Arbitrator. The 2nd Applicant averred that the Respondent did not participate in the appointment of the Arbitrator, neither did they participate in the arbitral proceedings.
3. In their submissions dated 20 September 2024, the Applicants have cited the provisions of section 36 of the Arbitration Act, 1995, which provide for the recognition and enforcement of awards as follows:SUBPARA (1)A domestic arbitral award, shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37. (2)….(3)Unless the High Court otherwise orders, the party relying on an arbitral award or applying for its enforcement must furnish– a. the original arbitral award or a duly certified copy of it; and b. the original arbitration agreement or a duly certified copy of it
4. I note that despite evidence of service upon the Respondent on numerous occasions, the Respondent did not participate in these proceedings. They did not file any pleadings nor submissions.
5. I also take cognisance of the provisions of Section 35 of the Act that provides for setting aside arbitral awards. In particular, section 35 (3) provides that an application for setting aside the arbitral award may not be made after 3 months have elapsed from the date on which the party making that application had received the arbitral award. The Respondent has not challenged the arbitral award.
6. Consequently, I find that the application dated 21 February 2024 is merited and I, therefore, allow it with costs to the Applicants.
DATED AND DELIVERED AT NAIROBI THIS 7 DAY OF NOV 2024HELENE R. NAMISIJUDGE OF THE HIGH COURTDelivered on virtual platform in the presence of:..Ms. Wamuyu..............for the Applicants...N/A.....................for the Respondent