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Kenya decisions
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Moon Valley Limited & another v Mwai [2024] KEHC 14459 (KLR)
The High Court held that the dispute arose from a valid contract containing an arbitration clause and should be referred to arbitration.
Amiran Kenya Limited v Kwale International Sugar Co Ltd [2024] KEHC 1669 (KLR)
The court found that the parties' contract contained a valid and operative arbitration clause requiring disputes to be resolved through a tiered process culminating in arbitration. The plaintiff failed to exhaust these contractual remedies before filing suit. The Arbitration Act and established jurisprudence require courts to respect party autonomy and the dispute resolution mechanisms chosen by the parties. The court therefore lacked jurisdiction to entertain the suit, and the matter should proceed through arbitration as agreed. The reasons advanced by the plaintiff for bypassing arbitration…
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Kinyanjui v Waiyaki Way Developers Limited & 3 others; Kenya Commercial Bank Ltd (Interested Party) [2023] KEELC 16600 (KLR)
The Environment and Land Court struck out the suit, holding that the dispute was subject to an arbitration clause in the Deed of Assignment and therefore outside its jurisdiction.
Holborn Properties Limited v Davani Group Limited [2023] KEELC 577 (KLR)
The court found that the Plaintiff's representative was duly authorized to swear the replying affidavit, and even if the board resolution had not been filed, it could be filed before the hearing. On jurisdiction, the court held that the Environment and Land Court has jurisdiction over contracts relating to land, but where parties have agreed to resolve disputes through arbitration, that mechanism must be honored unless the arbitration clause is shown to be null or void, which was not the case here. The Defendant invoked the arbitration clause at the earliest opportunity, before filing a defen…
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Gossamer Crossing East Africa Limited & another v Gossamer Crosing INC & another [2022] KEHC 16108 (KLR)
The court found that the defendants entered appearance on August 23, 2021, and subsequently took further steps in the proceedings, including filing a notice of preliminary objection and recording a consent. The application to refer the matter to arbitration was filed on October 29, 2021, more than two months after entering appearance. Section 6 of the Arbitration Act requires that an application for stay of proceedings and referral to arbitration be made not later than the time of entering appearance. By taking steps in the proceedings before filing the application, the defendants acknowledge…
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Anez Catering Company LTD v Gems National Academy Limited t/a Regis School Runda [2022] KEHC 13509 (KLR)
The High Court set aside an ex parte interlocutory judgment in a catering-services dispute, finding the claim was not wholly liquidated and that triable issues existed.
Nairobi Java House Limited v Katko Investments Limited [2022] KEHC 12083 (KLR)
The court found that the parties' lease agreement contained an arbitration clause, and the dispute regarding rent arrears and alleged termination of the lease falls within the scope of that clause. The plaintiff had already invoked arbitration and an arbitrator was appointed. The defendant, having agreed to the arbitration clause, cannot now resist arbitration or seek to bar its commencement. The court was not persuaded that the defendant had established grounds for the grant of interim status quo orders, as doing so would unjustifiably interfere with the arbitration process. The defendant's…
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Sisters of Notre Dame De Namur Registered Trustees v Envirocheck Kenya Limited [2022] KEHC 607 (KLR)
The court found that both parties had entered into a contract containing an arbitration clause, which clearly stipulated that all disputes arising from the contract were to be referred to arbitration. The court held that the existence of the arbitration clause ousted its jurisdiction to entertain the dispute, and that the parties' autonomy in choosing arbitration as their dispute resolution mechanism must be respected and enforced. The court declined to strike out the suit but instead directed that the dispute be referred to arbitration in accordance with the contract, emphasizing that the co…
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Oris & Sons Contractors Limited v Huruma Mixed Sec. Pmc & another; NGCDF Board, Mathare Constituency (Interested Party) [2022] KEHC 12697 (KLR)
The court found that the applicant had established a prima facie case for interim protection, as it had completed the contracted works and had not been paid, and there was a real risk of the respondents taking over the project site without payment, potentially exposing the applicant to third-party claims. The respondents did not oppose the application. The court held that the requirements for an interlocutory injunction were satisfied. On the issue of joinder, the court determined that the proposed 3rd defendant (NG-CDF Mathare Constituency Committee) was already represented through the exist…
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Equity Bank (K) Ltd v Wairimu & another [2022] KEHC 13437 (KLR)
The court found that the parties had entered into a service level agreement containing a binding arbitration clause (clause 9), which required disputes arising from their relationship to be resolved through arbitration. The respondent failed to disclose the existence of this clause to the taxing master, resulting in the taxation proceedings being conducted without jurisdiction. The court held that, in light of the arbitration agreement, it lacked jurisdiction to entertain the taxation proceedings or make orders on the bill of costs. The court emphasized the constitutional and statutory mandat…
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