Kenya Case Law

AA Bayusuf & Sons Ltd & another v Northern Waterworks Development Agency (Formerly Known as Northern Water Services Board) & another

AA Bayusuf & Sons Ltd & another v Northern Waterworks Development Agency (Formerly Known as Northern Water Services Board) & another [2025] KEHC 8727 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E80 of 2024

Judge

JWW Mong'are

The court found that the application to set aside the arbitral award on grounds of public policy was unmerited, as the issue of res judicata had already been determined by the arbitrator, and the court had no jurisdiction to revisit factual findings. The court emphasized the finality of arbitral awards and the limited grounds for judicial intervention. However, the court held that Bayusuf was denied a fair hearing regarding claims for costs arising from injunctions, as they were not given an opportunity to present their case on those items before the tribunal. This denial of a fair hearing ju…

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• Arbitration Awards
• Setting Aside Award
• Enforcement Of Award
• Public Policy Exception
• Right To Fair Hearing
• Remittal To Arbitrator

Geke Building Masters Limited v Muritu & 4 others

Geke Building Masters Limited v Muritu & 4 others [2025] KEHC 7259 (KLR)

Court

High Court

Case number

Miscellaneous Application E008 of 2023

Judge

JWW Mong'are

The High Court dismissed an application to set aside an arbitral award, finding the respondent had counsel on record, knew of the proceedings, and was not denied a fair hearing.

• Setting Aside Arbitral Award
• Service Of Process
• Right To Fair Hearing
• Public Policy Exception
• Setting-aside-arbitral-award
• Arbitration-fair-hearing

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

Monarch Insurance Company Limited v Issak & another

Monarch Insurance Company Limited v Issak & another [2025] KECA 840 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E025 of 2024

Judges

MA Warsame, JM Mativo, PM Gachoka

The Court of Appeal held that its jurisdiction to hear appeals from High Court decisions under section 35 of the Arbitration Act is strictly circumscribed and only arises in exceptional cases where the High Court has acted outside the statutory grounds, resulting in a manifest miscarriage of justice. The appellant failed to obtain leave to appeal, which is a jurisdictional prerequisite and not a mere technicality. Without such leave, the Court lacked jurisdiction to entertain the appeal. The failure to seek and obtain leave rendered the appeal incompetent and incurably defective. Consequently…

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• Arbitration Awards
• Insurance Contracts
• Setting Aside Award
• Public Policy Exception

Barak Fund SPC Limited (Acting on Behalf of Barak Structured Trade Finance Segregated Portfolio) v Tron Enterprise Limited

Barak Fund SPC Limited (Acting on Behalf of Barak Structured Trade Finance Segregated Portfolio) v Tron Enterprise Limited [2025] KEHC 5561 (KLR)

Court

High Court

Case number

Civil Appeal E560 of 2024

Judge

RC Rutto

The court found that the applicant had satisfied all statutory requirements for recognition and enforcement of a foreign judgment under the Foreign Judgments (Reciprocal Enforcement) Act. The United Kingdom is a reciprocating country, and the judgment arose from a contractual dispute to which both parties had submitted to the exclusive jurisdiction of the English courts. The respondent was duly served but failed to participate in the foreign proceedings or challenge the judgment within the prescribed time. The respondent's objections regarding public policy and excessive sums were unsubstanti…

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• Foreign Judgment Enforcement
• Loan Agreements
• Contractual Interest
• Public Policy Exception

Wuor v Beatpar Enterprises Limited

Wuor v Beatpar Enterprises Limited [2025] KECA 699 (KLR)

Court

Court of Appeal

Case number

Civil Application E537 of 2024

Judge

M Ngugi

The Court of Appeal directed that an application for leave to appeal in an arbitral-award challenge be placed before a full bench, with no order as to costs.

• Arbitral Award Challenge
• Leave To Appeal
• Res Judicata
• Public Policy Exception
• Enforcement Of Arbitral Awards
• Arbitral-award-challenge

Cape Suppliers Limited v Villa Care Limited

Cape Suppliers Limited v Villa Care Limited [2025] KEHC 4497 (KLR)

Court

High Court

Case number

Arbitration Cause E005 of 2024

Judge

BM Musyoki

The court held that the application to set aside the arbitral award was filed within the statutory time limit because the three-month period commenced from the date the award was made available to the parties for collection, not the initial intended publication date. The court dismissed the application to set aside the award, finding that the grounds raised by the applicant concerned the merits of the arbitrator's decision and the weight of evidence, which are not permissible grounds for setting aside under Section 35(2) of the Arbitration Act. Consequently, the arbitral award remained valid…

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• Arbitral Award Enforcement
• Setting Aside Award
• Public Policy Exception
• Arbitrator Bias
• Costs Of Arbitration

Mwakima v Solfin Solutions Limited

Mwakima v Solfin Solutions Limited [2025] KEHC 4589 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E053 of 2024

Judge

AN Ongeri

The High Court at Voi dismissed an application to set aside an arbitral award and allowed enforcement, finding no proven statutory ground under the Arbitration Act.

• Arbitral Award Enforcement
• Setting Aside Award
• Public Policy Exception
• Contractual Disputes
• Challenge To Arbitrator
• Finality Of Arbitral Awards

County Government of Baringo v Rotunda Contractors Limited

County Government of Baringo v Rotunda Contractors Limited [2025] KEHC 3752 (KLR)

Court

High Court

Case number

Miscellaneous Application E079 of 2023

Judge

RC Rutto

The application to set aside the arbitral award was dismissed primarily because it was filed outside the statutory three-month time limit. Additionally, the court found that the applicant failed to demonstrate that the award was contrary to public policy or that the arbitrator was biased or denied a fair hearing. The application to enforce the award was struck out for failure to comply with the mandatory requirement of furnishing the arbitration agreement.

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• Arbitration Award Enforcement
• Setting Aside Arbitral Award
• Public Policy Exception
• Natural Justice
• Contractual Disputes
• Procedural Timeliness

Koto Housing Kenya Limited v Board of Governors Nairobi Technical Training Institute

Koto Housing Kenya Limited v Board of Governors Nairobi Technical Training Institute [2025] KEHC 3389 (KLR)

Court

High Court

Case number

Arbitration Cause E020 of 2024

Judge

BK Njoroge

The arbitral award contravened public policy because the variations to the contract, which involved a public entity and public funds, did not comply with the mandatory provisions of the Public Procurement and Asset Disposal Act, specifically those concerning written approval, review by the relevant committees, and securing and committing additional funding prior to the variations.

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• Public Procurement
• Arbitral Award Enforcement
• Contract Variation
• Public Policy Exception
• Statutory Compliance
• Setting Aside Award