Kenya Case Law

Louis & another v Duchess Park Development Company Ltd & another

Court

High Court

Case number

Commercial Miscellaneous Application E1215 of 2025

The High Court granted a limited interim injunction under Section 7 of the Arbitration Act, restraining dealings in Apartment C12 at Duchess Park pending the stalled arbitration between purchasers and vendor.

• Interim measures of protection in arbitration
• Exhaustion of remedies doctrine
• Jurisdiction of the high court under section 7 of the arbitration act
• Agreement for lease and sale of apartment
• Injunctions pending arbitration
• Scope of interim relief and court interference with arbitral process

Alutalala t/a Alutalala Mukhwana & Co Advocates v Kariko alias Jeff Githinji Kariuki t/a Githinji & Associate Advocates

Court

High Court

Case number

Commercial Case E446 of 2023

Judge

JRA Wananda

Kenya High Court rejects advocate's objection that an arbitration clause in a gold sale agreement ousts jurisdiction over enforcement of his personal professional undertaking, and finds the objection untimely.

• Enforcement of professional undertakings by advocates
• Jurisdiction of the high court versus arbitration clauses
• Section 6(1) arbitration act stay of proceedings
• Doctrine of privity of contract
• Locus standi of a beneficiary of an advocate's undertaking
• Timeliness of applications for referral to arbitration

Mhangami v Abedraboh

Court

High Court

Case number

Commercial Arbitration Cause E076 of 2025

The High Court allowed an application to recognise and enforce an arbitral award on a tenancy dispute, holding the Respondent failed to establish any Section 37 ground, as her complaints went to the Arbitrator's evaluation of evidence rather than a denial of fair hearing.

• Recognition and enforcement of arbitral awards
• Grounds for refusing enforcement
• Public policy exception
• Right to fair hearing and natural justice
• Supervisory jurisdiction of the high court
• Finality of arbitral awards

Simple Pay Capital Ltd v Owitti

Court

High Court

Case number

Civil Appeal E015 of 2023

Judge

BW Murunga

The High Court dismissed an appeal, holding that a party who filed a Replying Affidavit on the merits after a preliminary objection on an arbitration clause had taken steps inconsistent with invoking section 6 of the Arbitration Act.

• Arbitration clause and stay of proceedings under section 6 of the arbitration act
• Timing and mode of invoking arbitration agreements
• Waiver of arbitration through substantive participation in court proceedings
• Preliminary objections on jurisdiction
• Enforcement of security and repossession of collateral pending dispute
• Article 159(2)(c) of the constitution and alternative dispute resolution

Ublagger v Nduta & 2 others

Court

Environment and Land Court

Case number

Environment and Land Case E587 of 2025

Judge

CG Mbogo

The Environment and Land Court stayed a suit over Apartment B1006, Elina Residences, Nairobi, and referred the dispute with the 1st defendant to arbitration under a trust deed clause.

• Jurisdiction of the environment and land court
• Arbitration clause in trust deed
• Stay of proceedings pending arbitration
• Forfeiture of right to arbitrate by taking substantive steps
• Non-signatory parties to arbitration agreement
• Interim injunctions and conservatory orders

Yego & 10 others v Siteinei & 5 others

Yego & 10 others v Siteinei & 5 others (Petition E023 of 2022) [2026] KEHC 13182 (KLR) (31 August 2026) (Judgment)

Court

High Court

Case number

Petition E023 of 2022

Judge

["RN Nyakundi"]

The High Court held it was functus officio after adopting an arbitral award and lacked jurisdiction to revisit it. The stay application failed with the main relief.

• Preliminary objection
• Jurisdiction
• Functus officio
• Arbitral award adoption
• Remission/clarification of award
• Section 34 arbitration act

IDKO Internatioonal Company Limited v Ministry of Lands, Public Works, Housing and Urban Development & 3 others

IDKO Internatioonal Company Limited v Ministry of Lands, Public Works, Housing and Urban Development & 3 others (Commercial Suit E014 of 2025) [2026] KEHC 12833 (KLR) (13 August 2026) (Ruling)

Court

High Court

Case number

Commercial Suit E014 of 2025

Judge

["JK Sergon"]

The Defendants lost the jurisdictional objection because they filed a statement of defence, which constituted a step in the proceedings and amounted to acquiescence to the court's jurisdiction despite the arbitration clause. The court further held that it retained jurisdiction under section 7(1) of the Arbitration Act to grant interim measures of protection pending the contemplated arbitration, so the Plaintiff's motion could proceed on its merits.

Source excerpt

• Jurisdiction
• Preliminary objection
• Arbitration clause
• Section 6 stay of proceedings
• Section 7 interim measures of protection
• Step in proceedings

Willow & White Global Ventures Ltd & 2 others v Palm Exotica Ltd & 3 others

Willow & White Global Ventures Ltd & 2 others v Palm Exotica Ltd & 3 others (Commercial Civil Case E387 of 2025) [2026] KEHC 12330 (KLR) (Commercial and Tax) (31 July 2026) (Judgment)

Court

High Court

Case number

Commercial Civil Case E387 of 2025

Judge

["PM Mulwa"]

The Defendants waived reliance on the arbitration clause by failing to seek a stay or referral to arbitration, so the High Court retained jurisdiction. The uncontroverted evidence showed that the Defendants diverted facility funds and failed to repay by the contractual deadline, amounting to material breach. The liquidated sums were expressly provided for and proved on the evidence. The share allotment was not shown to be unlawful, so it was upheld. The Plaintiffs were therefore entitled to declaratory, injunctive, monetary, interest, and costs relief.

Source excerpt

• Credit facility agreement
• Arbitration clause and waiver
• Breach of contract
• Liquidated claims
• Formal proof
• Share allotment validity

Optimal Power Solutions PTY Ltd & another v Kudura Power East Africa Ltd & 5 others

Optimal Power Solutions PTY Ltd & another v Kudura Power East Africa Ltd & 5 others (Civil Suit E003 of 2025) [2026] KEHC 11900 (KLR) (30 July 2026) (Ruling)

Court

High Court

Case number

Civil Suit E003 of 2025

Judge

["PJO Otieno"]

The court held that the arbitration clause could not justify a stay because the suit included non-signatories, personal tort allegations, and a request to lift the corporate veil, all of which would be improperly fragmented by referral. The defendants also failed the section 6 test because their own rejection of the notice to arbitrate demonstrated lack of readiness and willingness. The preliminary objection and stay application were therefore dismissed.

Source excerpt

• Stay of proceedings under section 6 of the arbitration act
• Non-signatories and privity of contract
• Kompetenz-kompetenz
• Corporate veil piercing
• Arbitration agreement inoperative or incapable of performance
• Parallel proceedings and fragmentation of claims

Gikandi v Wamalwa & 2 others

Gikandi v Wamalwa & 2 others (Commercial Case E943 of 2025) [2026] KEHC 12480 (KLR) (Commercial and Tax) (30 July 2026) (Ruling)

Court

High Court

Case number

Commercial Case E943 of 2025

Judge

["BW Murunga"]

The Court held that the Miscellaneous Application was incompetent because substantive relief cannot be commenced by standalone Notice of Motion absent a prescribed procedure, and further that the dispute fell within a valid arbitration agreement in the Articles of Association and Shareholders Agreement, leaving no basis for the Court to retain jurisdiction.

Source excerpt

• Competence of miscellaneous application
• Originating process by notice of motion
• Stay of proceedings pending arbitration
• Arbitrability of corporate governance disputes
• Article 159 and procedural technicalities
• Section 6 arbitration act conditions