[2025] KEHC 4748 (KLR)

[2025] KEHC 4748 (KLR)

The court found that the applicant had properly invoked the arbitration clause in the sale agreement after the respondent defaulted on payment. The arbitrator's award was final and binding, and no grounds were presented under Section 37 of the Arbitration Act to refuse recognition or enforcement. The respondent, despite being served, did not oppose the application or challenge the award. The court recognized and adopted the arbitral award as its judgment, entered judgment for the applicant for KES. 774,000, and granted interest at 14% per annum from 11th January 2023 as stipulated in the contract and arbitral award. The respondent was ordered to bear the costs of the application, in line...

Citation
[2025] KEHC 4748 (KLR)
Parties
Applicant: David Mukii Mereka; Respondent: Harrison Njenga Kiarie
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
27 March 2025
Case Number
Civil Miscellaneous E1136 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application for Recognition and Enforcement of Arbitral Award
Outcome
Application allowed. Arbitral award recognized and enforced as judgment of the court. Judgment entered for applicant for KES. 774,000 plus interest and costs.
Judges
TW Cherere
Legal Topics
Arbitral Award Enforcement, Contractual Interest, Recognition of Awards, Costs Follow Event
Source Language
English
Alternative Dispute Resolution Commercial and Corporate Arbitral Award Enforcement Contractual Interest Recognition of Awards Costs Follow Event

Case Brief

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Parties

David Mukii Mereka

Applicant

Harrison Njenga Kiarie

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Recognition and Enforcement of Arbitral Award

Legal Issues

  1. 1 Whether the final arbitral award dated 09th October 2024 should be recognized and enforced by the court.
  2. 2 Whether judgment should be entered for the applicant for KES. 774,000 as awarded by the arbitrator.
  3. 3 Whether the applicant is entitled to interest at 14% per annum from 11th January 2023 until payment in full.

Ratio Decidendi

The court found that the applicant had properly invoked the arbitration clause in the sale agreement after the respondent defaulted on payment. The arbitrator's award was final and binding, and no grounds were presented under Section 37 of the Arbitration Act to refuse recognition or enforcement. The respondent, despite being served, did not oppose the application or challenge the award. The court recognized and adopted the arbitral award as its judgment, entered judgment for the applicant for KES. 774,000, and granted interest at 14% per annum from 11th January 2023 as stipulated in the contract and arbitral award. The respondent was ordered to bear the costs of the application, in line...

Court Disposition

Application allowed. Arbitral award recognized and enforced as judgment of the court. Judgment entered for applicant for KES. 774,000 plus interest and costs.

Orders

  • The final award dated 09th October 2024 issued by Antony Njogu and released on 26th November 2024 is recognized and adopted as a judgment of this Court.
  • Judgment is entered for the Applicant against the Respondent for KES. 774,000.