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Kenya decisions
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Masongo & another v Riruta Gardens [2025] KEHC 10371 (KLR)
The High Court adopted a domestic arbitral award as judgment and declined to order payment by instalments because the respondent provided no sufficient evidence of good faith or inability to pay.
Isaac’s Investment Co Ltd v Archipoint Consulting Architects [2025] KECA 1117 (KLR)
The Court of Appeal lacks jurisdiction to entertain the applicant's injunction application because the applicant neither sought nor obtained leave from the Court of Appeal to appeal against the High Court's decision under section 35 of the Arbitration Act, as required by the Supreme Court's decisions in Nyutu and Synergy. Furthermore, the applicant did not apply to set aside the arbitral award under section 35, and thus there is no decision of the High Court under that section capable of being appealed. The assertion that leave was granted by the High Court is irrelevant, as only the Court of…
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Bible Society of Kenya Registered Trustees v Tre-Tech Solutions Limited [2025] KEHC 5107 (KLR)
The High Court granted enforcement of a domestic arbitral award, finding the applicant met section 36 requirements and the respondent proved no section 37 grounds.
Mereka v Kiarie [2025] KEHC 4748 (KLR)
The High Court enforced a domestic arbitral award, entered judgment for KES 774,000, awarded contractual interest at 14% per annum, and ordered costs against the respondent.
Shiv Construction Company Limited v Rivatex East Africa Limited [2025] KEHC 3924 (KLR)
The High Court in Eldoret recognized and enforced a domestic arbitral award after finding the applicant complied with section 36 of the Arbitration Act.
Galana Oil Kenya Limited v Geogaline Limited & another [2025] KEHC 3642 (KLR)
The High Court in Nairobi upheld an arbitral award on party-to-party costs, finding the application for recognition and enforcement merited and procedurally sound.
Haba Compounding Capital Limited v Aifluence Limited [2025] KEHC 3517 (KLR)
The High Court recognised and enforced a consent arbitral award arising from a loan dispute, finding the section 36 requirements met and no objection from the respondent.
Guojun v Huadong [2025] KEHC 3530 (KLR)
The High Court adopted an arbitral costs award as a decree, finding the award had already been upheld in earlier proceedings and could be enforced.
Abondo Properties Limited v BLN Projects Limited [2025] KEHC 1227 (KLR)
The High Court struck out an application to enforce an arbitral award because the applicant failed to file the original or certified arbitration agreement.
Shah & another v Greenview Developers Limited [2025] KEHC 17246 (KLR)
The court held that under Section 3(1) of the Arbitration Act, an 'arbitral award' includes interim awards, and Section 36(1) does not restrict enforcement to only final awards. The respondent's argument that the application is premature due to the pending issue of costs is not supported by the Act or binding precedent. The authorities cited by the respondent were found distinguishable, as they did not address the enforceability of interim awards under the Arbitration Act. The court found persuasive the reasoning in Dinesh Construction Limited & another v Aircon Electra Services (Nairobi) Lim…
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