Kenya Case Law

Kigio Group Company Ltd v Sichuan Huashi Enterprises Corporation (EA) Ltd

Kigio Group Company Ltd v Sichuan Huashi Enterprises Corporation (EA) Ltd [2025] KEHC 6843 (KLR)

Court

High Court

Case number

Civil Suit E049 of 2024

Judge

RC Rutto

The court held that the application to set aside part of the arbitral award, filed on 15th August 2024, was out of time as the statutory three-month period under section 35(3) of the Arbitration Act lapsed on 13th August 2024. The court therefore lacked jurisdiction to entertain the application, which was struck out. On the merits of the applicant's challenge to the arbitral award, the court found that the grounds advanced—alleged public policy violations, unjust enrichment, contract re-writing, and failure to consider relevant issues—were unsubstantiated. The arbitrator's findings were based…

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• Arbitral Award Challenge
• Public Policy Exception
• Jurisdiction Of High Court
• Computation Of Limitation Periods
• Unjust Enrichment
• Contractual Disputes

Wuor v Beatpar Enterprises Limited

Wuor v Beatpar Enterprises Limited [2025] KECA 699 (KLR)

Court

Court of Appeal

Case number

Civil Application E537 of 2024

Judge

M Ngugi

The Court of Appeal directed that an application for leave to appeal in an arbitral-award challenge be placed before a full bench, with no order as to costs.

• Arbitral Award Challenge
• Leave To Appeal
• Res Judicata
• Public Policy Exception
• Enforcement Of Arbitral Awards
• Arbitral-award-challenge

Athi Water Works Development Agency v Stansha Limited

Athi Water Works Development Agency v Stansha Limited [2025] KEHC 4534 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E216 of 2024

Judge

AA Visram

The court dismissed the application for review, holding that the computation of time for setting aside an arbitral award under Section 35(3) of the Arbitration Act is a matter of legal interpretation based on settled case law, which defines "received" as the date of notification that the award is ready for collection, not actual physical receipt. This interpretation does not constitute an error apparent on the face of the record or a mistake warranting review under Order 45 of the Civil Procedure Rules.

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• Review Of Court Orders
• Arbitral Award Challenge
• Computation Of Limitation Periods
• Stay Of Execution

Total Steward Services Limited v Bar Next Door Ventures Limited

Total Steward Services Limited v Bar Next Door Ventures Limited [2025] KEHC 4065 (KLR)

Court

High Court

Case number

Arbitration Cause E084 of 2024

Judge

F Gikonyo

The High Court declined to extend time for a party to challenge an arbitral award under section 35 of the Arbitration Act, finding the delay unexplained and implausible.

• Arbitral Award Challenge
• Extension Of Time
• Jurisdiction Of Court
• Fair Hearing Rights
• Arbitration-award-challenge
• Extension-of-time

Cibiya Africa Limited v Greatwall Drilling Company Limited

Cibiya Africa Limited v Greatwall Drilling Company Limited [2025] KEHC 2458 (KLR)

Court

High Court

Case number

Commercial Case 715 of 2012

Judge

AA Visram

The High Court declined to reinstate a suit challenging an arbitral award, finding over 13 years of unexplained delay and no basis to excuse the dismissal.

• Dismissal For Non Prosecution
• Reinstatement Of Suit
• Arbitral Award Challenge
• Judicial Discretion
• Dismissal-for-non-prosecution
• Reinstatement-of-suit

Placid View Properties Limited v Etihad Cap Africa

Placid View Properties Limited v Etihad Cap Africa [2025] KEHC 1207 (KLR)

Court

High Court

Case number

Miscellaneous Application E027 of 2024

Judge

RC Rutto

The High Court lacked jurisdiction to entertain the application to set aside the arbitral award because the parties' Consultancy Agreement did not contain an express agreement permitting an appeal on a point of law to the High Court under Section 39(1) of the Arbitration Act, and further, the application appealing the arbitral award was filed outside the mandatory thirty-day time limit prescribed by Section 39(4) of the Arbitration Act and Section 79G of the Civil Procedure Act.

Source excerpt

• Arbitral Award Challenge
• Contract Interpretation
• Jurisdiction Of High Court
• Time Barred Applications

Semo v Ricosam Engineering Limited

Semo v Ricosam Engineering Limited [2024] KEHC 14054 (KLR)

Court

High Court

Case number

Commercial Miscellaneous Application 006 of 2023

Judge

MN Mwangi

The court held that the applicant's grounds for challenging the arbitral award, except for the allegation of conflict with public policy, amounted to an impermissible invitation to sit on appeal over the arbitrator's factual and legal findings, contrary to Section 32A of the Arbitration Act. The only ground open for consideration was whether the award was contrary to public policy. The applicant failed to specify or prove which works were incomplete, did not provide evidence of additional expenses or independent reports, and did not refer any dispute to arbitration or terminate the contract f…

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• Arbitral Award Challenge
• Public Policy Exception
• Finality Of Arbitral Awards
• Construction Contracts
• Evidence In Arbitration

Njau v Safaricom Investment Cooperative Society Limited

Njau v Safaricom Investment Cooperative Society Limited [2024] KEHC 12789 (KLR)

Court

High Court

Case number

Arbitration Cause E048 of 2023

Judge

WA Okwany

The court held that the application to set aside the arbitral award was filed outside the three-month statutory period prescribed by section 35(3) of the Arbitration Act. The date of receipt of the award is deemed to be the date when the parties are notified by the arbitral tribunal that the signed award is ready for collection, not when the applicant actually collects or receives a copy. In this case, the parties were notified on 18th December 2022, and the application was filed on 3rd July 2023, rendering it incompetent for being out of time. On the merits, the court found that the applican…

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• Arbitral Award Challenge
• Public Policy Exception
• Contractual Consideration
• Timeliness Of Application
• Vacant Possession
• Natural Justice

Exclusive Estates Limited v Telkom Kenya Limited & another; Aftraco Limited & another (Interested Parties)

Exclusive Estates Limited v Telkom Kenya Limited & another; Aftraco Limited & another (Interested Parties) [2024] KEHC 4745 (KLR)

Court

High Court

Case number

Commercial Case 1158 of 2001

Judge

MN Mwangi

The Court found that although the plaintiff had previously raised the issues of suppression of the Deed of Settlement, fabrication of evidence, perjury, and giving contradictory statements, these issues had not been determined by a court of competent jurisdiction and thus the plea of res judicata could not succeed. However, the Court held that the plaintiff was aware of the existence of the Deed of Settlement and could have sought its production through discovery. The proceedings before the two arbitrators were independent, and the Deed of Settlement was not relevant to the plaintiff's arbitr…

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• Cross Examination Of Deponents
• Res Judicata
• Conflict Of Interest
• Arbitral Award Challenge
• Suppression Of Evidence

Rubis Energy Kenya PLC (Formerly Kenol Kobil Limited) v Downstream Energy Kenya Ltd

Rubis Energy Kenya PLC (Formerly Kenol Kobil Limited) v Downstream Energy Kenya Ltd [2023] KEHC 19233 (KLR)

Court

High Court

Case number

Miscellaneous Application E078 of 2022

Judge

FG Mugambi

The High Court dismissed an application to set aside an arbitral award, finding no proven breach of public policy or denial of a fair hearing.

• Arbitral Award Challenge
• Public Policy Exception
• Finality Of Arbitration
• Burden Of Proof
• Damages For Breach Of Contract
• Arbitration