Kenya Case Law

Semo v Ricosam Engineering Limited

Semo v Ricosam Engineering Limited [2024] KEHC 14054 (KLR)

Court

High Court

Case number

Commercial Miscellaneous Application 006 of 2023

Judge

MN Mwangi

The court held that the applicant's grounds for challenging the arbitral award, except for the allegation of conflict with public policy, amounted to an impermissible invitation to sit on appeal over the arbitrator's factual and legal findings, contrary to Section 32A of the Arbitration Act. The only ground open for consideration was whether the award was contrary to public policy. The applicant failed to specify or prove which works were incomplete, did not provide evidence of additional expenses or independent reports, and did not refer any dispute to arbitration or terminate the contract f…

Source excerpt

• Arbitral Award Challenge
• Public Policy Exception
• Finality Of Arbitral Awards
• Construction Contracts
• Evidence In Arbitration

Lalji Meghji Patel & Company Limited v Presbyterian Foundation

Lalji Meghji Patel & Company Limited v Presbyterian Foundation [2021] KEHC 7121 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E113 of 2020

Judge

DO Chepkwony

The High Court set aside an arbitral award for unfairly applying strict evidentiary rules and misreading payment obligations under the contract, then remitted the dispute for fresh consideration.

• Arbitration Awards
• Setting Aside Award
• Public Policy Exception
• Contractual Obligations
• Natural Justice
• Evidence In Arbitration