[2025] KEHC 17126 (KLR)
The court determined that it could not proceed with the application for adoption of the arbitral award because the arbitral proceedings were not yet concluded. The respondent had sought mathematical corrections to the reconciliation statement, and the tribunal was expected to issue directions on those corrections....
Source-derived case information.
- Citation
- [2025] KEHC 17126 (KLR)
- Parties
- Applicant: Parbat Siyani Construction & Elite Earth Movers JV Limited; Respondent: Kenya Rural Roads Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Arbitration Cause E093 of 2024
- Procedural Posture
- Arbitration Cause / Ruling on Application for Adoption of Arbitral Award
- Outcome
- Application for adoption of arbitral award not determined; file returned for further directions.
- Judges
- A Mabeya
- Legal Topics
- Arbitral Award Adoption, Arbitration Procedure, Prematurity of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Parbat Siyani Construction & Elite Earth Movers JV Limited
Applicant
Kenya Rural Roads Authority
Respondent
Procedural Posture
Arbitration Cause / Ruling on Application for Adoption of Arbitral Award
Legal Issues
- 1 Whether the application for adoption of the arbitral award is premature given ongoing tribunal proceedings.
- 2 Whether the court should proceed with the application or await the conclusion of corrections by the arbitral tribunal.
Ratio Decidendi
The court determined that it could not proceed with the application for adoption of the arbitral award because the arbitral proceedings were not yet concluded. The respondent had sought mathematical corrections to the reconciliation statement, and the tribunal was expected to issue directions on those corrections. Proceeding with the application at this stage would be premature and could result in unnecessary delays or prejudice. The court therefore returned the file to the presiding Judge of the Division for further directions, to be heard by the Judges of that Division once the arbitral process is complete.
Court Disposition
Application for adoption of arbitral award not determined; file returned for further directions.
Orders
- The file is returned to the presiding Judge of the Division for further directions.
- The matter is to be heard by the Judges of the Division after conclusion of arbitral proceedings.
Full Case Text
Judgment text and source record
21 paragraphs
Parbat Siyani Construction & Elite Earth Movers JV Limited v Kenya Rural Roads Authority (Arbitration Cause E093 of 2024) [2025] KEHC 17126 (KLR) (Commercial and Tax) (13 February 2025) (Ruling)
Neutral citation: [2025] KEHC 17126 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Arbitration Cause E093 of 2024
A Mabeya, J
February 13, 2025
Between
Parbat Siyani Construction & Elite Earth Movers JV Limited
Applicant
and
Kenya Rural Roads Authority
Respondent
Ruling
1. On 16/12/2024 the applicant applied for adoption of an award published on 8/1/2024, additional award published on 4/11/2024 and corrected on 29/11/2024 by Hon. Justice E. Torgbor FCI Arb.
2. The Court gave self-executing directions and reserved the ruling for 7/2/2025. When the Court retired to write the ruling, it discovered that the arbitral proceedings are not yet concluded. The Respondent indicated on oath that it had sought several mathematical corrections on the reconciliation statement of the Tribunal of 29/11/2024.
3. It further indicated that the tribunal was to give its directions on the said errors at the end of January, 2025.
4. In the premises, I am unable to deal with the application, as it may be premature. It might lead to more delays. The respondent has also indicated of its intention to make an application under section 35 of the Arbitration Act.
5. Accordingly, I return the file to the presiding Judge of the Division for further directions. The same is to be heard by the Judges of that Division.It is so directed.
SIGNED AT NAIROBI THIS 3RD DAY OF FEBRUARY, 2025. A. MABEYA, FCI ArbJUDGEDATED AND DELIVERED AT NAIROBI THIS 13TH DAY OF FEBRUARY, 2025. F. GIKONYOJUDGE