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Kenya decisions
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CIC General Insurance Company Ltd v Bemms Limited [2025] KEHC 9981 (KLR)
The High Court rejected an insurer’s bid to set aside two arbitral awards, finding the challenge time-barred and the jurisdiction objections waived.
County Government of Nyeri v Eustace Gakui Gitonga [2018] KEHC 5386 (KLR)
The High Court stayed arbitral proceedings for 90 days while an originating summons challenged the arbitrator’s jurisdiction and the existence of a valid arbitration agreement.
National Hospital Insurance Fund v Peter Scott (Sole Arbitrator) & Manga & Associates [2017] KEHC 5453 (KLR)
High Court stayed arbitral proceedings pending determination of an originating summons challenging the arbitrator’s jurisdiction and the existence of an arbitration agreement.
ASSUMPTION SISTERS OF NAIROBI REGISTERED TRUSTEE v STANDARD KEBATHI & another [2008] KEHC 354 (KLR)
The High Court upheld an arbitral jurisdiction ruling, finding a written arbitration agreement, privity of contract, and agency through Dr. Prisca Wagura.
Pan Africa Builders & Contractors Ltd v National Social Security Fund Board of Trustees [2006] KEHC 3051 (KLR)
The court found that the issue of the existence of an arbitration agreement between the parties had already been determined in a previous suit (HCCC No. 32 of 2002) by Justice Nyamu, who held that a valid arbitration agreement existed. No appeal was preferred or allowed against that ruling. The court held that all the conditions of Section 7 of the Civil Procedure Act on res judicata were satisfied, and it was not at liberty to revisit the issue. Consequently, the preliminary objection by the Defendant/Applicant, which challenged the existence of the arbitration agreement, was dismissed with…
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