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Kenya decisions
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Mwakodi v Kithuku [2025] KEHC 5771 (KLR)
The High Court struck out a judicial review application challenging an arbitral award, holding that the Arbitration Act—not judicial review—governs such disputes.
Relief and Mission Logistics Limited v Kenya Airports Authority [2024] KEHC 7177 (KLR)
The High Court recused itself after concerns were raised about prior complaints against the arbitrator linked to the judge, and directed the file be reallocated.
Directpay Limited v Tum [2024] KEHC 2114 (KLR)
The court found that the arbitrator disclosed his relationship with the respondent's counsel, Mr. Memba, upon his appearance, and the applicant did not object at the time. There was no cogent evidence of bias or improper conduct by the arbitrator. The issues determined by the arbitrator, including proprietary information and the validity of the non-compete clause, were within the scope of the arbitration clause in the employment contract. The applicant failed to demonstrate that the arbitrator ignored any customary usage of trade or that the award was in conflict with public policy. The court…
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Milicon’s Limited v National Commission for Science, Technology & Innovation & another [2023] KEHC 24515 (KLR)
The High Court dismissed a challenge to an arbitral award, finding the complaints concerned factual findings and contract interpretation, not grounds under section 35.
Cementers Limited v Multichoice Kenya Limited & another [2023] KEHC 21653 (KLR)
The court found that the issues raised in the plaintiff's originating summons, including allegations of arbitrator bias and procedural irregularities, were substantial and required evidence for their determination. The court emphasized that striking out a pleading is a drastic remedy reserved for plain and obvious cases where no reasonable cause of action is disclosed. Since the originating summons raised arguable issues within the scope of section 35 of the Arbitration Act, it could not be dismissed summarily at the interlocutory stage. The court held that its jurisdiction had been properly…
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EPCO Builders Limited v South Development Company Ltd [2023] KEHC 19855 (KLR)
The High Court held that it had jurisdiction to entertain the application to set aside the arbitral award under Section 35 of the Arbitration Act, as the application was filed within the statutory timelines following the issuance of the additional award. However, the applicant failed to demonstrate that the arbitral award was in conflict with the public policy of Kenya, as the dispute was limited to the parties and did not affect third-party rights or national interest. The court further held that it could not review the correctness of the arbitrator's decision on the computation of the final…
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University of Nairobi v Nyoro Construction Company Limited & another [2023] KEHC 3289 (KLR)
The court held that it had already determined in a previous ruling that it lacks jurisdiction to extend time for filing an application to set aside an arbitral award under section 17 of the Arbitration Act, 1995. The present application, being substantively similar and seeking the same relief, is therefore barred. The doctrine of res judicata does not apply to the merits of the award, as those were not determined, but it does apply to the issue of jurisdiction and timelines, which was conclusively decided. The only recourse for the applicant, if aggrieved, is to appeal. Accordingly, the appli…
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Arena Logistics Limited v Total Kenya PLC [2022] KEHC 16418 (KLR)
High Court dismissed an application to set aside an arbitral award, holding that dissatisfaction with factual findings did not prove a public policy breach.
Ensi Investments Limited v Vinya Wa AKA Group & 18 others [2022] KECA 763 (KLR)
The Court of Appeal declined to extend time for an application for leave to appeal, finding the 17-month delay inordinate and not satisfactorily explained.
Mweha Enterprises Limited v Kenya Industrial Estates Limited [2022] KECA 408 (KLR)
The Court of Appeal granted time extension for an intended appeal against a ruling setting aside an arbitral award, finding the applicant acted promptly and diligently.
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