Kenya Case Law

Multichoice Kenya Limited v Cementers Limited & another

Multichoice Kenya Limited v Cementers Limited & another [2023] KEHC 24543 (KLR)

Court

High Court

Case number

Commercial Civil Suit E049 of 2022

Judge

MN Mwangi

The court found that the applicant failed to establish a prima facie case with a probability of success, as the documents in question were obtained pursuant to valid court orders (Anton Pillar Orders) and their admissibility was within the Arbitrator's jurisdiction under the adopted arbitration rules. The court further held that the applicant did not demonstrate irreparable harm, since any arbitral award would not take effect until the Originating Summons was determined, as provided by Section 17(8) of the Arbitration Act. The applicant's delay in seeking injunctive relief and continued parti…

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• Arbitration Stay
• Interlocutory Injunctions
• Admissibility Of Evidence
• Arbitrator Jurisdiction

Nairobi Academy (Holdings) Limited v Angar

Nairobi Academy (Holdings) Limited v Angar [2023] KEELRC 1469 (KLR)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application E004 of 2023

Judge

BOM Manani

The court dismissed an application to set aside an arbitral award in an employment dispute, holding that the applicant failed to prove any ground under section 35 of the Arbitration Act.

• Arbitral Award Setting Aside
• Employment Termination
• Dispute Resolution Clauses
• Natural Justice
• Public Policy
• Arbitrator Jurisdiction

Nar Enterprises Limited v Africa Reit Limited

Nar Enterprises Limited v Africa Reit Limited [2023] KEHC 17278 (KLR)

Court

High Court

Case number

Commercial Arbitration Cause E048 of 2022

Judge

DAS Majanja

The High Court dismissed an application to set aside an arbitral award, holding the tribunal had determined jurisdiction, became functus officio, and no section 35 ground was proved.

• Arbitral Award Setting Aside
• Arbitrator Jurisdiction
• Waiver Of Objection
• Public Policy In Arbitration
• Arbitral-award-setting-aside
• Arbitrator-jurisdiction

AIC Kijabe Hospital v Itabuild Imports Limited

AIC Kijabe Hospital v Itabuild Imports Limited [2023] KEHC 18747 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E262 of 2022

Judge

DO Chepkwony

The court held that the application to set aside the arbitral award was filed within the statutory three-month period, as time began to run from the date the award was dispatched to the parties. On the merits, the applicant failed to establish any of the statutory grounds under Section 35(2) of the Arbitration Act for setting aside the award. The arbitrator acted within the jurisdiction conferred by the contract's arbitration clause, and the issues determined were within the scope of reference. The court found no violation of public policy, as the arbitrator was not bound by prior court decis…

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• Arbitration Award Enforcement
• Setting Aside Arbitral Award
• Public Policy Exception
• Arbitrator Jurisdiction
• Construction Contracts

Holistic Educational Trust v Angwenyi

Holistic Educational Trust v Angwenyi [2022] KEHC 3362 (KLR)

Court

High Court

Case number

Miscellaneous Application E302 of 2021

Judge

WA Okwany

The court found that the parties voluntarily entered into a lease agreement containing an arbitration clause and, by consent, referred their dispute to arbitration. Both parties participated fully in the arbitral proceedings without raising any objection to the arbitrator's appointment or jurisdiction until after the award was rendered. The applicant's claim that the arbitrator lacked jurisdiction or that the dispute was outside the scope of the arbitration clause was unsupported by evidence and was not raised before the arbitrator. The court held that the applicant could not contest the arbi…

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• Arbitration Award Setting Aside
• Lease Disputes
• Arbitrator Jurisdiction
• Public Policy Exception
• Enforcement Of Arbitral Awards

Idrata Developers Limited v Najmuden Dhanji Jiwa

Idrata Developers Limited v Najmuden Dhanji Jiwa [2021] KEHC 4097 (KLR)

Court

High Court

Case number

? E1119 of 2020

Judge

JM Mativo

The High Court dismissed a bid to set aside an arbitral award and allowed enforcement, holding the objections were merit-based and not grounds under section 35.

• Arbitration Award Enforcement
• Setting Aside Arbitral Award
• Contractual Disputes
• Public Policy Exception
• Arbitrator Jurisdiction
• Interest On Awards

Limelight Creation Ltd, Allays Southern Corporation Ltd & Global Trade Markets Place (E.A) Ltd v Rural Electrification Authority

Limelight Creation Ltd, Allays Southern Corporation Ltd & Global Trade Markets Place (E.A) Ltd v Rural Electrification Authority [2018] KEHC 663 (KLR)

Court

High Court

Case number

Civil Case 246 & 410 of 2017

Judge

RB Ngetich

The High Court upheld and enforced an arbitral award, dismissed a bid to set it aside, and rejected challenges on penalty retention, VAT withholding, jurisdiction and public policy.

• Arbitral Award Enforcement
• Setting Aside Award
• Contractual Penalties
• Vat Withholding
• Arbitrator Jurisdiction
• Public Policy Challenge

Joma Investments Limited v N K Brothers Limited

Joma Investments Limited v N K Brothers Limited [2018] KEHC 995 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application 160 of 2018

Judge

CW Githua

The High Court held that the arbitrator did not exceed jurisdiction in a final-account dispute and dismissed the application with costs.

• Arbitrator Jurisdiction
• Setting Aside Arbitral Ruling
• Scope Of Reference
• Final Account Disputes
• Arbitrator-jurisdiction
• Arbitration-act

Movies for You Limited v Industrial & Commercial Development Corporation

Movies for You Limited v Industrial & Commercial Development Corporation [2017] KEELC 3340 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 815 of 2014

The court dismissed an application to set aside an arbitral award over a lease-renewal dispute, holding that the challenge did not meet section 35 grounds.

• Arbitral Award Setting Aside
• Lease Renewal Disputes
• Public Policy Exception
• Arbitrator Jurisdiction
• Composition Of Arbitral Tribunal
• Arbitral-award-setting-aside

Justus Nyang’aya v Ivory Consult Limited

Justus Nyang’aya v Ivory Consult Limited [2015] KEHC 8207 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application 504 of 2013

Judge

DO Ogembo

The High Court found that the applicant, acting under a power of attorney, had sufficient authority to institute proceedings and enforce the arbitral award. The court held that the respondent was precluded from challenging the arbitrator's jurisdiction over the oral agreement, having consented to the reference and failed to pursue the statutory appeal process under Section 17(6) of the Arbitration Act. The court determined that the arbitrator did not exceed his mandate and that the award was within the scope of the reference. The respondent's arguments regarding the non-application of Canadia…

Source excerpt

• Arbitral Award Enforcement
• Locus Standi
• Public Policy Exception
• Arbitrator Jurisdiction
• Power Of Attorney Scope