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

AA Bayusuf & Sons Ltd & another v Northern Waterworks Development Agency (Formerly Known as Northern Water Services Board) & another

AA Bayusuf & Sons Ltd & another v Northern Waterworks Development Agency (Formerly Known as Northern Water Services Board) & another [2025] KEHC 8727 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E80 of 2024

Judge

JWW Mong'are

The court found that the application to set aside the arbitral award on grounds of public policy was unmerited, as the issue of res judicata had already been determined by the arbitrator, and the court had no jurisdiction to revisit factual findings. The court emphasized the finality of arbitral awards and the limited grounds for judicial intervention. However, the court held that Bayusuf was denied a fair hearing regarding claims for costs arising from injunctions, as they were not given an opportunity to present their case on those items before the tribunal. This denial of a fair hearing ju…

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• Arbitration Awards
• Setting Aside Award
• Enforcement Of Award
• Public Policy Exception
• Right To Fair Hearing
• Remittal To Arbitrator

Kilimanjaro Oil Company Limited v Rubis Energy Kenya PLC

Kilimanjaro Oil Company Limited v Rubis Energy Kenya PLC [2025] KEHC 6763 (KLR)

Court

High Court

Case number

Miscellaneous Application E568 of 2024

Judge

PM Mulwa

The court found that while it had jurisdiction under Section 39(1)(b) of the Arbitration Act to entertain an appeal on questions of law, such jurisdiction was only exercisable where the parties had expressly reserved the right of appeal, which was confirmed in the arbitral record. However, the applicant failed to demonstrate sufficient cause for the delay of approximately 83 days in seeking extension of time to appeal. The explanation provided—engagement of new counsel and need for familiarization—was unsubstantiated by evidence of steps taken during the period of delay. Furthermore, the abse…

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• Arbitration Awards
• Extension Of Time
• Jurisdiction Of High Court
• Appeals On Questions Of Law

Monarch Insurance Company Limited v Issak & another

Monarch Insurance Company Limited v Issak & another [2025] KECA 840 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E025 of 2024

Judges

MA Warsame, JM Mativo, PM Gachoka

The Court of Appeal held that its jurisdiction to hear appeals from High Court decisions under section 35 of the Arbitration Act is strictly circumscribed and only arises in exceptional cases where the High Court has acted outside the statutory grounds, resulting in a manifest miscarriage of justice. The appellant failed to obtain leave to appeal, which is a jurisdictional prerequisite and not a mere technicality. Without such leave, the Court lacked jurisdiction to entertain the appeal. The failure to seek and obtain leave rendered the appeal incompetent and incurably defective. Consequently…

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• Arbitration Awards
• Insurance Contracts
• Setting Aside Award
• Public Policy Exception

Cape Holdings Limited (Under Administration) v Synergy Industrial Credit Limited & 2 others

Cape Holdings Limited (Under Administration) v Synergy Industrial Credit Limited & 2 others [2025] KECA 738 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E967 of 2024

Judges

PO Kiage, J Mohammed, WK Korir

The Court found that while the applicants (Cape Holdings and I&M Bank) demonstrated that their intended appeals were arguable, they failed to establish that the appeals would be rendered nugatory if stay was not granted. The Court held that execution against the suit property had already been completed by registration of a prohibitory order in January 2022, and thus the subject matter was no longer at risk of dissipation. The Court further held that the High Court's orders were not negative and were capable of being stayed, but the applicants' apprehensions were not live as the property had a…

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• Stay Of Execution
• Insolvency Administration
• Priority Of Debenture Holders
• Arbitration Awards
• Res Judicata
• Creditor Rights

Lubulellah & Associates v Terra Craft (K) Limited

Lubulellah & Associates v Terra Craft (K) Limited [2025] KEHC 3882 (KLR)

Court

High Court

Case number

Miscellaneous Application E793 of 2022

Judge

H Namisi

The High Court set aside a taxation ruling, finding the taxing officer used the wrong scale for arbitral costs and ordered re-taxation before a different officer.

• Advocate Remuneration
• Taxation Of Costs
• Arbitration Awards
• Instruction Fees
• Bill Of Costs
• Error In Principle

Odyssey Capital Limited v Mburu & another

Odyssey Capital Limited v Mburu & another [2025] KECA 447 (KLR)

Court

Court of Appeal

Case number

Civil Application E348 of 2024

Judge

M Ngugi

The Court of Appeal held that a single judge lacked jurisdiction to determine the leave-to-appeal application arising from arbitration-related proceedings and referred it to a full bench.

• Arbitration Awards
• Leave To Appeal
• Jurisdiction Of Single Judge
• Enforcement Of Awards
• Arbitration
• Leave-to-appeal

SMB Bank (Kenya) Limited v Afrasia Bank Limited

SMB Bank (Kenya) Limited v Afrasia Bank Limited [2025] KECA 386 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E620 of 2022

Judges

F Sichale, F Tuiyott, FA Ochieng

The Court of Appeal struck out an appeal over a bank deposit dispute, holding it lacked jurisdiction because no valid leave or express right of second appeal existed.

• Arbitration Awards
• Jurisdiction Of Courts
• Appeals In Arbitration
• Bank Liability Transfer
• Consent Orders
• Finality Of Arbitral Awards

Erad Supplies & General Contractors Limited v National Cereals and Produce Board & another

Erad Supplies & General Contractors Limited v National Cereals and Produce Board & another [2025] KECA 346 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) 9 of 2012

Judges

DK Musinga, M Ngugi, GWN Macharia

The Court of Appeal dismissed an application to strike out an appeal, holding that it was filed out of time under the Rules and could not be recast as a jurisdictional challenge.

• Arbitration Awards
• Jurisdiction Of Court Of Appeal
• Striking Out Appeals
• Limitation Periods
• Enforcement Of Arbitral Awards
• Public Policy In Contracts