https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7738

Pezesha Africa Limited v Snow Investment Limited (Commercial Arbitration Cause E074 of 2024) [2026] KEHC 7738 (KLR) (Commercial and Tax) (4 June 2026) (Ruling) Neutral citation: [2026] KEHC 7738 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Commercial Courts) Commercial and Tax Commercial Arbitration Cause E074 of 2024 BK Njoroge, J June 4, 2026 Between Pezesha Africa Limited Applicant and Snow Investment Limited Respondent Ruling 1.The application before the Court is dated 5th November, 2024. It seeks for the recognition and adoption of an Arbitral Award dated 30th August, 2024, as a judgment of this Court. Background Facts 2.The Application by way of a Chamber Summons dated 5th November, 2024, seeks the following orders;1.The Arbitral Award dated 30th August, 2024 be recognized, adopted and enforced as a decree and order of the Court.2.Leave be granted to enforce the Arbitral Award as a decree and order of this Honourable Court.3.That the costs of this application be provided for. 3.The application is supported by the affidavit of Eric Kariuki sworn on 5th November, 2024. He depones that the Applicant advanced a loan facility to the Respondent. 4.That this was pursuant to a loan agreement dated 30th September, 2024 together with a guarantee and indemnity agreement dated 13th October, 2021. 5.The agreements provided that the Applicant would advance a sum of Ksh.1,000,000/=to the Respondent. That the credit facility would attract interests. 6.The agreements provided for dispute resolution by way of an arbitration by a single arbitrator. 7.When the dispute arose, it was referred to arbitration. 8.The sole arbitrator Mr. Tom Nyangare MCiArb after hearing the matter published the Final Award dated 30th August, 2024. 9.This award was arrived at by consent of the parties. 10.A copy of the award is attached to the application. 11.It is this award that is sought to be recognized as a judgment and decree of this Court. 12.The application is not opposed. Issues for Determination 13.The Court has considered the application and the written submissions by Counsel for the Applicant. The Court frames a single issue for determination as follows;a.Whether the Final Award should be recognized, adopted and enforced as a Decree of this Honourable Court. Analysis 14.The recognition, adoption and enforcement of Domestic Arbitral Award is provided for by Section 36 (1) of the Arbitration Act which states as follows:36.Recognition and enforcement of awards(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)An international arbitration award shall be recognised as binding and enforced in accordance to the provisions of the New York Convention or any other convention to which Kenya is signatory and relating to arbitral awards.(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 15.The applicant has formally moved the Court for the recognition and adoption of the award. This is so that it can now be enforced as a decree of this Court. 16.Though the award sought to be enforced has been annexed, the agreement said to contain the arbitral clause is missing. The law requires that the basic or primary document, upon which the arbitral process is founded upon be furnished to the Court. It is a requirement of Section 36(2) (b) of the Arbitration Act. 17.The Court taking note of the fact that the proceedings are not opposed, deals with this issue as it has in the past. This is in the matter of Nyoro Construction Company Limited v Principal Secretary (PS) Ministry of Transport, Infrastructure, Housing, Urban Development, and Public Works [2026] KEHC 3247 (KLR). 18.The Applicant is directed to avail a certified copy of the contract the subject of the arbitral proceedings. That is the contract that contains the Arbitral clause or agreement. This should be furnished to the Honourable Deputy Registrar of this Court through a supplementary affidavit, for verification. This is before any orders in favour of the Applicant are presented for confirmation. 19.In the meantime, the Court is persuaded that on the face of it the application is meritorious save for compliance as stated above. The costs are awarded to the Applicant. Determination 20.The Applicant’s application by way of a Chamber Summons dated 5th November, 2024 is allowed in the following terms;1.That the Court hereby directs the Applicant to comply with the provisions of Section 36 (3) (b) of the Arbitration Act within the next Thirty (30) days from the date hereof. This is by availing certified copies of the contracts dated 30th September 2021 and 13th October 2021 said to contain Arbitral clauses/agreements, for verification before the Honourable Deputy Registrar of the Commercial & Tax Division. Failure to do so within the stipulated time, the application shall stand struck out for noncompliance.2.That upon compliance with Order 1 above, the Honourable Court issues orders that the Arbitral Award dated 30th August, 2024 is hereby recognized, adopted and enforced as a decree of the Court.3.Leave is hereby granted to enforce the Arbitral Award as a Decree and order of this Honourable Court.4.The costs of this application are awarded to the Applicant.5.It is so ordered.6.This file is hereby marked as closed. DATED, SIGNED AND DELIVERED AT MILIMANI THIS 04TH DAY OF JUNE, 2026.NJOROGE BENJAMIN K.JUDGEIn the presence of:N/A for the Applicant.N/A for the Respondent.Mr. John Paul - Court Assistant.