Kenya Case Law

Kigio Group Company Ltd v Sichuan Huashi Enterprises Corporation (EA) Ltd

Kigio Group Company Ltd v Sichuan Huashi Enterprises Corporation (EA) Ltd [2025] KEHC 6843 (KLR)

Court

High Court

Case number

Civil Suit E049 of 2024

Judge

RC Rutto

The court held that the application to set aside part of the arbitral award, filed on 15th August 2024, was out of time as the statutory three-month period under section 35(3) of the Arbitration Act lapsed on 13th August 2024. The court therefore lacked jurisdiction to entertain the application, which was struck out. On the merits of the applicant's challenge to the arbitral award, the court found that the grounds advanced—alleged public policy violations, unjust enrichment, contract re-writing, and failure to consider relevant issues—were unsubstantiated. The arbitrator's findings were based…

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• Arbitral Award Challenge
• Public Policy Exception
• Jurisdiction Of High Court
• Computation Of Limitation Periods
• Unjust Enrichment
• Contractual Disputes

Athi Water Works Development Agency v Stansha Limited

Athi Water Works Development Agency v Stansha Limited [2025] KEHC 4534 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E216 of 2024

Judge

AA Visram

The court dismissed the application for review, holding that the computation of time for setting aside an arbitral award under Section 35(3) of the Arbitration Act is a matter of legal interpretation based on settled case law, which defines "received" as the date of notification that the award is ready for collection, not actual physical receipt. This interpretation does not constitute an error apparent on the face of the record or a mistake warranting review under Order 45 of the Civil Procedure Rules.

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• Review Of Court Orders
• Arbitral Award Challenge
• Computation Of Limitation Periods
• Stay Of Execution

Associated Motors Limited v Sekura International Limited

Associated Motors Limited v Sekura International Limited [2023] KEHC 3125 (KLR)

Court

High Court

Case number

Commercial Arbitration Cause E045 of 2022

Judge

DAS Majanja

The High Court dismissed an application to set aside an arbitral award, finding it was timely filed and that alleged bias, conflict, and excess of jurisdiction were unproven.

• Setting Aside Arbitral Award
• Public Policy Exception
• Arbitrator Bias
• Scope Of Arbitration
• Computation Of Limitation Periods
• Setting-aside-arbitral-award

Chebut Tea Factory Co. Ltd & Paul Kangethe Gichohi v Penina Ndunge Muthoka

Chebut Tea Factory Co. Ltd & Paul Kangethe Gichohi v Penina Ndunge Muthoka [2021] KEHC 2960 (KLR)

Court

High Court

Case number

Civil Appeal 108 of 2019

Judge

MM Kasango

The court found that the appeal was filed on 16th July, 2019, whereas the judgment being appealed against was delivered on 23rd May, 2019. The statutory thirty-day period for filing the appeal expired on 24th June, 2019. The certificate of delay relied upon by the appellants only covered the period from 12th July, 2019 to 6th February, 2020, which did not assist the appellants as it did not account for the period immediately following the judgment. The certificate of delay was therefore deemed ineffective, as it did not comply with the requirements of section 79G of the Civil Procedure Act. T…

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• Appeal Out Of Time
• Certificate Of Delay
• Computation Of Limitation Periods

Mercellina Kanyaa v Francis Mwanzia Kanyaa

Mercellina Kanyaa v Francis Mwanzia Kanyaa [2019] KEELC 3228 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 13 of 2018

Judge

OA Angote

The court allowed an appeal against dismissal for want of prosecution, holding the relevant delay was under one year and the appeal was filed in time.

• Dismissal For Want Of Prosecution
• Appeal Timeliness
• Computation Of Limitation Periods
• Injunctions
• Adjournment And Delay
• Dismissal-for-want-of-prosecution

Andrew Toboso Anyanga v Mwale Nicholas Scott Tindi, Habil Nanjendo Bushuru, Returning Officer (Butere Constituency) & Independent Electoral and Boundaries Commission (IEBC)

Andrew Toboso Anyanga v Mwale Nicholas Scott Tindi, Habil Nanjendo Bushuru, Returning Officer (Butere Constituency) & Independent Electoral and Boundaries Commission (IEBC) [2018] KECA 636 (KLR)

Court

Court of Appeal

Case number

Election Appeal 3 of 2017

The Court of Appeal held that the declaration of election results is a constitutional and statutory function exclusively conferred on the Returning Officer, who must sign and date the relevant forms and issue the certificate to the winner. The official date of declaration is when the Returning Officer signs and dates Form 35B, publicly declares the results, and issues the certificate in Form 35C. The presence or absence of agents or their signatures on Form 35B does not affect the validity or timing of the declaration. The court found that both Forms 35B and 35C were executed on 9th August 20…

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• Computation Of Limitation Periods
• Declaration Of Election Results
• Role Of Returning Officer
• Validity Of Election Petitions
• Interpretation Of Constitutional Timelines

Harriet Kabuni v Teresia Mwakiria Namesio, PC Pius Sawe & Secretary General

Harriet Kabuni v Teresia Mwakiria Namesio, PC Pius Sawe & Secretary General [2007] KEHC 2038 (KLR)

Court

High Court

Case number

Miscellaneous Civil Case 33 of 2007

Judge

SP Ouko

The High Court at Meru dismissed an application for leave to file an appeal out of time because the applicant failed to explain a 23-day delay after receiving proceedings.

• Extension Of Time
• Appeals From Subordinate Courts
• Computation Of Limitation Periods
• Extension-of-time
• Appeals-from-subordinate-courts
• Civil-procedure