https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8572

Swift Builders and Civil Engineering Limited v African Mission Healthcare Limited (Miscellaneous Application E996 & E1191 of 2025 (Consolidated)) [2026] KEHC 8572 (KLR) (Civ) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 8572 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Miscellaneous Application E996 & E1191 of 2025 (Consolidated) JN Mulwa, J June 18, 2026 IN THE MATTER OF THE ARBITRATION ACT NO. 4 OF 1995 AND IN THE MATTER OF RECOGNITION AND ENFORCEMENT OF AN ARBITRATION AWARD Between Swift Builders and Civil Engineering Limited Applicant and African Mission Healthcare Limited Respondent Ruling (On Chamber Summons dated 29/05/2025) 1.The Applicant in this Chamber Summons dated 29/05/2025, African Mission Healthcare Limited (hereafter Applicant). It is brought under Section 36 of the Arbitration Act 1995, and Rule 9 of the Arbitration Rules 1997, and supported by the Affidavit sworn by the Chief executive Officer of the Applicant, Jon Fielder on 29/05/2025. 2.The Applicant seeks an order that the Arbitrator’s Award made and published on 19/05/2025 be recognized as binding between the parties hereto and be enforced as a decree of this court, with costs being provided for. 3.The grounds for the application is that an Arbitral Award was made in favour of the Applicant as against the Respondent Swift Builders and Engineering Limited (hereafter the Respondent) on 19/05/2025. 4.It necessitates here to state that the Respondent was dissatisfied with the Award and by an application by Chamber Summons dated 12/08/2025 sought an order of setting aside the said award. The summons was opposed by the Applicant herein. 5.By consent of Parties in the matter, the two applications to wit, setting aside of the Arbitral Award filed by Swift Builders and Civil Engineering Limited, and this summons for recognition and enforcement of the award be heard together. 6.In my ruling on the setting aside summons by the Respondent dated 18/6/2026 i indicated that the outcome of the setting aside application would determine the way forward in respect of the recognition and enforcement application. The application dated 12/8/2025 was dismissed for lack of merit on 18/6/2026. 7.In my estimation, the chamber summons by the Respondent dated 12/08/2025 is deemed as opposing the instant summons for enforcement. Therefore, the said summons having been found to be devoid of merit and dismissed the instant summons dated 29/05/2025 is unopposed. Chamber Summons dated 29/05/2025 8.It is sought that the Final Arbitral Award made and published on 19/05/2025 by the sole Arbitrator be recognized as binding between the parties and be enforced as a decree of the court. 9.Section 36 of the Arbitration Act provides for recognition and enforcement of awards thus: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.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, andb.The original arbitration agreement or a duly certified copy of it andc.The original arbitration agreement or duly certified copy of it. 10.Section 37 of the Act provides for refusal of recognition or enforcement on some grounds which I have stated in the ruling on summons for setting aside of the Arbitral Award dated 12/08/2025 which the court has found not merited and has dismissed it. 11.The applicant herein has provided to court the documents required for the award to be recognized, to wit, the original Final Arbitral Award made on 19/05/2025, and the arbitral agreement between the parties made on 30/09/2020. 12.That said, there being no challenge to the reliefs sought in the chamber summons dated 29/05/2025 I find no reason not to grant the orders as prayed. 13.Unless otherwise provided under Section 32A of the Act, the Final Arbitral Award is final and binding upon the parties to it, and no recourse is available against the award otherwise than in the manner provided by this act. 14.With the above in reserve, the Arbitral Award made and published on 19/05/2025 is hereby recognized as binding between the parties and shall be enforced as a decree of the court, with no orders on costs. 15.This ruling shall apply to HCCC No. E. 1191 of 2025.Orders accordingly. DELIVERED DATED AND SIGNED AT NAIROBI THIS 18TH DAY OF JUNE 2026.………………………JANET MULWA.JUDGE