Kenya Case Law

Collaoration Engineering Solutions and Products Limited v China Zhongxing Construction Company Limited & another

Collaoration Engineering Solutions and Products Limited v China Zhongxing Construction Company Limited & another [2025] KECA 1328 (KLR)

Court

Court of Appeal

Case number

Civil Application E584 of 2024

Judge

JM Ngugi

The Court of Appeal dismissed an application to enlarge time to seek leave to appeal in an arbitration matter, finding the 403-day delay inordinate and unjustified.

• Extension Of Time
• Leave To Appeal
• Arbitration Awards
• Court Of Appeal Jurisdiction
• Extension-of-time
• Leave-to-appeal

Cytonn Investments Management Plc v Njuguna

Cytonn Investments Management Plc v Njuguna [2025] KECA 1317 (KLR)

Court

Court of Appeal

Case number

Civil Application E363 of 2024

Judges

M Ngugi, P Nyamweya, WK Korir

The Court of Appeal held that the applicant failed to demonstrate any exceptional circumstances or grave injustice that would warrant the grant of leave to appeal from a High Court decision under section 35 of the Arbitration Act. The court found that the grounds raised by the applicant, including alleged errors in computation of time, failure to consider objections under section 37, and claims of denial of fair hearing, did not meet the strict threshold established by the Supreme Court in the Nyutu Agrovet and Synergy cases. The appellate jurisdiction in such matters is circumscribed and onl…

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• Arbitration Awards
• Setting Aside Award
• Leave To Appeal
• Stay Of Execution
• Public Policy Challenge

Nyambura & 3 others v Independent Electoral and Boundaries Commission & 5 others; Kimando (Interested Party)

Nyambura & 3 others v Independent Electoral and Boundaries Commission & 5 others; Kimando (Interested Party) [2025] KEHC 10457 (KLR)

Court

High Court

Case number

Constitutional Petition E021 of 2025

Judge

RN Nyakundi

The High Court held that while the Sports Disputes Tribunal has exclusive jurisdiction over sports governance and administrative compliance matters, it does not have jurisdiction to determine constitutional violations or grant constitutional remedies. The doctrine of res judicata does not bar the present petition because the constitutional issues raised—namely, violations of Articles 27, 38, and 47—could not have been determined by the Tribunal. The Court found that the dual-signature requirement in Regulation 4 of the NOC-K Election Rules and Regulations 2025, as applied, created direct disc…

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• Political Rights
• Equality And Non Discrimination
• Fair Administrative Action
• Sports Governance
• Jurisdiction Of Tribunals
• Res Judicata

Masongo & another v Riruta Gardens

Masongo & another v Riruta Gardens [2025] KEHC 10371 (KLR)

Court

High Court

Case number

Arbitration Cause E065 of 2024

Judge

BK Njoroge

The High Court adopted a domestic arbitral award as judgment and declined to order payment by instalments because the respondent provided no sufficient evidence of good faith or inability to pay.

• Arbitral Award Enforcement
• Recognition Of Awards
• Payment By Instalments
• Court Discretion On Enforcement
• Arbitral-award-enforcement
• Recognition-of-awards

North China Power Engineering Company Limited v Kenya Electricity Transmission Company Limited

North China Power Engineering Company Limited v Kenya Electricity Transmission Company Limited [2025] KEHC 10391 (KLR)

Court

High Court

Case number

Commercial Civil Suit E303 of 2025

Judge

PM Mulwa

The court found that while there is an arbitration agreement between the parties, the Plaintiff failed to demonstrate that the subject matter of the arbitration is under threat or that there are special circumstances warranting interim protection. There was no evidence of irreparable injury or inadequacy of monetary compensation. Furthermore, granting the interim orders sought would interfere with a critical infrastructure project and public interest, and would effectively resolve the dispute contrary to the arbitration agreement. The court therefore declined to grant the interim measures and…

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• Arbitration Agreements
• Interim Measures Of Protection
• Judicial Discretion
• Status Quo Preservation
• Public Interest In Infrastructure
• Appointment Of Arbitrator

Mahir Properties Limited v Raas Global Limited & 3 others

Mahir Properties Limited v Raas Global Limited & 3 others [2025] KEELC 5138 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E434 of 2024

Judge

CG Mbogo

The court found that although the joint venture agreement contained a valid arbitration clause, the 1st defendant/applicant failed to bring the application for stay of proceedings and referral to arbitration promptly as required by Section 6 of the Arbitration Act. The applicant had already participated in the proceedings by filing responses and had not sought referral to arbitration at the earliest opportunity. The delay in making the application indicated acquiescence to the court's jurisdiction. Consequently, the court held that the application was an afterthought and that the requirements…

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• Stay Of Proceedings
• Arbitration Agreements
• Joint Venture Disputes
• Timeliness Of Applications
• Alternative Dispute Resolution
• Costs Orders

CIC General Insurance Company Ltd v Bemms Limited

CIC General Insurance Company Ltd v Bemms Limited [2025] KEHC 9981 (KLR)

Court

High Court

Case number

Miscellaneous Application E001 of 2024

Judge

J Ngaah

The High Court rejected an insurer’s bid to set aside two arbitral awards, finding the challenge time-barred and the jurisdiction objections waived.

• Arbitral Award Setting Aside
• Arbitration Agreement Existence
• Limitation Periods
• Waiver Of Objection
• Appointment Of Arbitrator
• Arbitral-award-setting-aside

Ahmed v Ngozi

Ahmed v Ngozi [2025] KEELC 5067 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Miscellaneous Case E013 of 2025

Judge

JO Olola

The court adopted a domestic arbitral award arising from a land sale dispute, finding no valid ground under the Arbitration Act to refuse enforcement.

• Arbitral Award Enforcement
• Sale Of Land Disputes
• Recognition Of Arbitration
• Consent Awards
• Arbitral-award-enforcement
• Land-sale-disputes

Magnate Ventures Limited v Interbrand Africa Agencies Limited & 2 others

Magnate Ventures Limited v Interbrand Africa Agencies Limited & 2 others [2025] KEHC 9997 (KLR)

Court

High Court

Case number

Commercial Appeal E071 of 2024

Judge

RC Rutto

The High Court set aside a stay of proceedings and referral to arbitration, holding that the respondent had not shown a genuine dispute over the claimed debt.

• Arbitration Clauses
• Stay Of Proceedings
• Debt Recovery
• Jurisdiction Of Courts
• Contractual Disputes
• Burden Of Proof

Linksoft Intergrated Services (E. A) Limited v Vesl Technologies Limited

Linksoft Intergrated Services (E. A) Limited v Vesl Technologies Limited [2025] KEHC 10409 (KLR)

Court

High Court

Case number

Miscellaneous Application E107 of 2023

Judge

NW Sifuna

The court held that the critical date for receipt of the arbitral award is when the arbitrator notifies the parties that the signed award is ready for collection, not when the parties actually collect it or pay the arbitrator's fees. The evidence showed that on 1st April 2020, the arbitrator informed both parties that the award was ready for collection upon payment of fees, and this notification constituted delivery under Section 35(3) of the Arbitration Act. The applicant was copied in all relevant correspondence and could not claim lack of notice. Since the application to set aside the awar…

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• Arbitral Award Enforcement
• Setting Aside Award
• Contractual Disputes
• Limitation Periods