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Commercial And Corporate [2025] KEHC 10391 (KLR)

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…

Source excerpt

  • Arbitration Agreements
  • Interim Measures Of Protection
  • Judicial Discretion
  • Status Quo Preservation
  • Public Interest In Infrastructure
  • Appointment Of Arbitrator
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Civil Procedure [2025] KEHC 9981 (KLR)

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
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Alternative Dispute Resolution [2025] KEHC 1675 (KLR)

Junctions Apartments v CM Construction EA Limited & another

Junctions Apartments v CM Construction EA Limited & another [2025] KEHC 1675 (KLR)

Court
High Court
Case number
Commercial Arbitration Cause E030 of 2021
Judge
A Mabeya

The High Court remitted an incomplete arbitral dispute to the original arbitrator, holding that section 35 of the Arbitration Act did not permit reopening the case or appointing a new arbitrator.

  • Arbitral Award Finality
  • Court Intervention In Arbitration
  • Appointment Of Arbitrator
  • Setting Aside Award
  • Conflict Of Interest In Arbitration
  • Arbitration
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Alternative Dispute Resolution [2024] KEHC 14704 (KLR)

Kimani v Wanjohi & 3 others

Kimani v Wanjohi & 3 others [2024] KEHC 14704 (KLR)

Court
High Court
Case number
Miscellaneous Case E183 of 2024
Judge
DO Chepkwony

The High Court at Kiambu allowed an unopposed application to commence arbitration and directed the Chartered Institute of Arbitrators, Kenya, to appoint an arbitrator.

  • Arbitration Agreements
  • Appointment Of Arbitrator
  • Leave To Commence Arbitration
  • Court Intervention In Arbitration
  • Arbitration
  • Appointment-of-arbitrator
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Alternative Dispute Resolution [2024] KEELC 7317 (KLR)

Elite Westlands Limited & another v Kiama

Elite Westlands Limited & another v Kiama [2024] KEELC 7317 (KLR)

Court
Environment and Land Court
Case number
Environment and Land Miscellaneous Application E003 of 2024
Judge
LN Mbugua

The court dismissed an application to set aside an arbitral award, finding no basis under section 35 of the Arbitration Act and treating the complaints as an appeal on merits.

  • Setting Aside Arbitral Award
  • Breach Of Contract
  • Public Policy In Arbitration
  • Appointment Of Arbitrator
  • Setting-aside-arbitral-award
  • Arbitration
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Commercial And Corporate [2024] KEHC 14804 (KLR)

Kipkoti & another v Chemelil & 4 others

Kipkoti & another v Chemelil & 4 others [2024] KEHC 14804 (KLR)

Court
High Court
Case number
Civil Suit 56 of 2018
Judge
JRA Wananda

The High Court declined to strike out a shareholder dispute, instead directing appointment of a sole arbitrator and warning the suit would be dismissed if service steps were not taken.

  • Shareholder Disputes
  • Arbitration Clauses
  • Delay In Prosecution
  • Appointment Of Arbitrator
  • Shareholder-disputes
  • Arbitration
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Commercial And Corporate [2024] KEHC 11081 (KLR)

Ruwatex Limited v Consulting; Cabinet Secretary, Ministry of Finance & 3 others (Interested Parties)

Ruwatex Limited v Consulting; Cabinet Secretary, Ministry of Finance & 3 others (Interested Parties) [2024] KEHC 11081 (KLR)

Court
High Court
Case number
Commercial Case E888 of 2021
Judge
JWW Mong'are

The High Court declined to appoint an arbitrator or fix the seat of arbitration, holding the applicant had not complied with the ICC Rules for commencing arbitration.

  • Arbitration Agreements
  • Appointment Of Arbitrator
  • Seat Of Arbitration
  • Icc Rules
  • Contractual Dispute Resolution
  • Court Intervention In Arbitration
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Commercial And Corporate [2024] KEHC 2928 (KLR)

Ahmed & another v Kossar

Ahmed & another v Kossar [2024] KEHC 2928 (KLR)

Court
High Court
Case number
Civil Case 29 of 2014
Judge
AN Ongeri

The High Court dismissed an application to appoint a new arbitrator, holding that the parties were bound by their contract naming Mohamed Yunis Sroya as arbitrator.

  • Arbitration Clause
  • Contractual Autonomy
  • Appointment Of Arbitrator
  • Arbitration-clause
  • Appointment-of-arbitrator
  • Contractual-autonomy
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Commercial And Corporate [2024] KEHC 1160 (KLR)

Uruku Electricals Contractors Limited v Meru Wood Industries Ltd/Hitec Electrical Contractors Ltd Jv; Chairman, Chartere Institute of Arbitrators (Interested Party)

Uruku Electricals Contractors Limited v Meru Wood Industries Ltd/Hitec Electrical Contractors Ltd Jv; Chairman, Chartere Institute of Arbitrators (Interested Party) [2024] KEHC 1160 (KLR)

Court
High Court
Case number
Miscellaneous Civil Case E112 of 2023
Judge
TW Cherere

The High Court at Meru ordered the Chairman of the Chartered Institute of Arbitrators to appoint an arbitrator where the contract had an arbitration clause but no appointing authority.

  • Arbitration Agreement
  • Appointment Of Arbitrator
  • Contractual Disputes
  • Non Payment Of Contract Sum
  • Arbitration-agreement
  • Appointment-of-arbitrator
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Commercial And Corporate [2023] KEHC 26371 (KLR)

China Home-In Investment (K) Ltd v W. J. J. Kenya Construction Co Ltd; Mutunga (Interested Party)

China Home-In Investment (K) Ltd v W. J. J. Kenya Construction Co Ltd; Mutunga (Interested Party) [2023] KEHC 26371 (KLR)

Court
High Court
Case number
Civil Suit E115 of 2022
Judge
FG Mugambi

The court found that although the appointment of the arbitrator may have been irregular under the contract, both parties, including the applicant, participated in the arbitral proceedings, attended the preliminary meeting, and expressly endorsed the arbitrator's jurisdiction without timely objection. The applicant only raised its objection midway through the proceedings, contrary to the requirements of the Arbitration Act. By their conduct, the applicant was estopped from challenging the appointment and jurisdiction of the arbitrator. On the issue of bias, the court held that the applicant fa…

Source excerpt

  • Arbitration Agreement
  • Appointment Of Arbitrator
  • Waiver And Estoppel
  • Jurisdiction Of Arbitral Tribunal
  • Removal Of Arbitrator
  • Allegations Of Bias
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.