[2025] KEHC 10409 (KLR)

[2025] KEHC 10409 (KLR)

The court held that the critical date for receipt of the arbitral award is when the arbitrator notifies the parties that the signed award is ready for collection, not when the parties actually collect it or pay the arbitrator's fees. The evidence showed that on 1st April 2020, the arbitrator informed both parties that the award was ready for collection upon payment of fees, and this notification constituted delivery under Section 35(3) of the Arbitration Act. The applicant was copied in all relevant correspondence and could not claim lack of notice. Since the application to set aside the award was filed on 13th February 2023, well beyond the three-month statutory limit, it was time-barred...

Citation
[2025] KEHC 10409 (KLR)
Parties
Applicant: Linksoft Intergrated Services (E. A) Limited; Respondent: Vesl Technologies Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
3 July 2025
Case Number
Miscellaneous Application E107 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Applications to Set Aside and to Recognize Arbitral Award
Outcome
Application to set aside the arbitral award dismissed as time-barred; application for recognition and enforcement of the award allowed with costs.
Judges
NW Sifuna
Legal Topics
Arbitral Award Enforcement, Setting Aside Award, Contractual Disputes, Limitation Periods
Source Language
English
Commercial and Corporate Alternative Dispute Resolution Arbitral Award Enforcement Setting Aside Award Contractual Disputes Limitation Periods

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Parties

Linksoft Intergrated Services (E. A) Limited

Applicant

Vesl Technologies Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Applications to Set Aside and to Recognize Arbitral Award

Legal Issues

  1. 1 Whether the application to set aside the arbitral award is time-barred under Section 35(3) of the Arbitration Act.
  2. 2 Whether the arbitral award should be recognized and enforced as a judgment of the court.

Ratio Decidendi

The court held that the critical date for receipt of the arbitral award is when the arbitrator notifies the parties that the signed award is ready for collection, not when the parties actually collect it or pay the arbitrator's fees. The evidence showed that on 1st April 2020, the arbitrator informed both parties that the award was ready for collection upon payment of fees, and this notification constituted delivery under Section 35(3) of the Arbitration Act. The applicant was copied in all relevant correspondence and could not claim lack of notice. Since the application to set aside the award was filed on 13th February 2023, well beyond the three-month statutory limit, it was time-barred...

Court Disposition

Application to set aside the arbitral award dismissed as time-barred; application for recognition and enforcement of the award allowed with costs.

Orders

  • The application to set aside the arbitral award is dismissed as time-barred.
  • The application for recognition and enforcement of the arbitral award dated 1st April 2020 is allowed with costs.