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Kenya decisions
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Magnate Ventures Limited v Interbrand Africa Agencies Limited & 2 others [2025] KEHC 9997 (KLR)
The High Court set aside a stay of proceedings and referral to arbitration, holding that the respondent had not shown a genuine dispute over the claimed debt.
Linksoft Intergrated Services (E. A) Limited v Vesl Technologies Limited [2025] KEHC 10409 (KLR)
The court held that the critical date for receipt of the arbitral award is when the arbitrator notifies the parties that the signed award is ready for collection, not when the parties actually collect it or pay the arbitrator's fees. The evidence showed that on 1st April 2020, the arbitrator informed both parties that the award was ready for collection upon payment of fees, and this notification constituted delivery under Section 35(3) of the Arbitration Act. The applicant was copied in all relevant correspondence and could not claim lack of notice. Since the application to set aside the awar…
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Maina v Lufthansa German Airlines [2025] KEHC 9486 (KLR)
The court found that the Petitioner's claim, though framed as a constitutional petition, was fundamentally a commercial dispute arising from the cancellation of a flight ticket and related contractual issues. The Civil Aviation Act establishes the National Civil Aviation Administrative Review Tribunal as the appropriate forum for such disputes, specifically granting it jurisdiction over consumer protection matters, including denied boarding and ticket refunds. The court held that the doctrine of exhaustion required the Petitioner to first pursue her remedies before the Tribunal. No exceptiona…
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Chopetta v CIC Insurance Limited [2025] KEHC 9058 (KLR)
The court found that the Plaintiff’s claim, centered on the alleged unauthorized use of her image after the expiry of a contract, constitutes a complaint about the processing of personal data without consent under the Data Protection Act, 2019. The ODPC, as established by the Act, is the statutory body mandated to receive, investigate, and determine such complaints. The court held that the doctrine of exhaustion requires the Plaintiff to first pursue remedies before the ODPC unless exceptional circumstances exist. The Plaintiff’s arguments regarding the age of the suit, complexity, and potent…
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Elite Westlands Limited & another v Kiama [2025] KECA 1026 (KLR)
The Court of Appeal found that the applicants failed to demonstrate any substantial error, breach of justice, or compelling ground to justify leave to appeal or stay of execution. The court held that the grounds raised—such as lack of notice of arbitrator appointment, public policy violations, and denial of opportunity to present evidence—were either not substantiated or had not been raised at the appropriate stage before the arbitrator. The superior court had correctly found that the applicants participated fully in the arbitral proceedings, and the issues now raised were within the scope of…
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Blue Nile Rolling Mills Limited v African Trade Insurance Agency [2025] KEHC 7805 (KLR)
The court found that the parties' contract contains a broad arbitration clause covering any dispute arising out of or relating to the policy agreement. The Plaintiff's assertion that the matter is a simple debt recovery was not supported by evidence of an express or implied admission of liability by the Defendant. Instead, the correspondence showed that the Defendant consistently disputed the claim. The court held that there is a real and genuine dispute between the parties regarding liability under the policy, and in accordance with section 6 of the Arbitration Act and the exhaustion doctrin…
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Kinlix Limited v Intertropical Timber Trading Company Limited & another [2025] KEHC 7537 (KLR)
The court found that the interlocutory judgment entered against the Applicant was regular, as the Applicant was properly served with summons and entered appearance. However, the Applicant delayed for three years before bringing the application to set aside the judgment, and failed to provide any sufficient explanation for this inordinate delay. While the Applicant claimed to have a defence raising triable issues, the court held that the unexplained and unreasonable delay would cause prejudice to the Respondent if the application were allowed. The court exercised its discretion against setting…
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Maya Duty Free Limited v Kenya Airports Authority [2025] KEHC 6819 (KLR)
The High Court struck out Maya Duty Free Limited’s suit against Kenya Airports Authority for failure to follow the statutory arbitration process under the KAA Act.
Kigio Group Company Ltd v Sichuan Huashi Enterprises Corporation (EA) Ltd [2025] KEHC 6843 (KLR)
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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Joma Investments Limited v Liteline Enterprises Limited & another [2025] KEHC 5966 (KLR)
The court found that the application for stay was made promptly and that both parties agreed on the existence of an uncontested contractual balance. To balance the interests of the parties, the court ordered the applicant to pay the admitted sum of Kshs.2,186,244.00 to the respondents forthwith and to provide a bank guarantee of Kshs.2,000,000.00 from a reputable local bank as security for costs pending the determination of the appeal. This approach preserves the respondent's rights to the admitted sum while securing the remaining amount in dispute, thus ensuring justice and protecting both p…
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