Kenya Case Law

Wealthsmith Limited & another v Gichohi & another

Wealthsmith Limited & another v Gichohi & another [2025] KEHC 6747 (KLR)

Court

High Court

Case number

Miscellaneous Application E034 of 2022

Judge

RC Rutto

The court found that the arbitration clause in the Tripartite Agreement was broad, covering all disputes arising out of or relating to the agreement, including breach and termination. The arbitrator acted within this scope by addressing the issues of breach and entitlement to return on investment, as reflected in the parties' pleadings and agreed issues. The applicants' contention that the arbitrator exceeded his mandate was rejected, as the award did not address matters outside the arbitration agreement. On the allegation of undue influence or corruption, the court held that the applicants f…

Source excerpt

• Arbitral Award Setting Aside
• Scope Of Reference
• Public Policy
• Arbitrator Bias
• Contractual Obligations

Granes Construction Company Ltd v World Vision Kenya

Granes Construction Company Ltd v World Vision Kenya [2024] KEHC 3501 (KLR)

Court

High Court

Case number

Commercial Arbitration Cause E040 of 2022

Judge

DO Chepkwony

The High Court dismissed an application to set aside an arbitral award, holding that the performance bond issue fell within the arbitration’s scope.

• Setting Aside Arbitral Award
• Scope Of Reference
• Performance Bond Disputes
• Contract Termination
• Setting-aside-arbitral-award
• Scope-of-reference

Solutions & Products Limited v China Zhongxing Construction Co Ltd & another

Solutions & Products Limited v China Zhongxing Construction Co Ltd & another [2023] KEHC 22543 (KLR)

Court

High Court

Case number

Arbitration Cause E011 of 2022

Judge

FG Mugambi

The High Court set aside an arbitral award after finding the dispute exceeded the reference to arbitration and one respondent lacked notice and an opportunity to be heard.

• Arbitral Award Enforcement
• Setting Aside Award
• Privity Of Contract
• Scope Of Reference
• Notice Of Arbitration
• Arbitral-award-enforcement

Kibuwa Leasing & Management Limited v Jadala Investments Limited & another

Kibuwa Leasing & Management Limited v Jadala Investments Limited & another [2023] KECA 895 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 464 of 2018

Judges

HA Omondi, KI Laibuta, A Ali-Aroni

The Court of Appeal dismissed an appeal challenging an arbitral award on lease user restrictions, holding that the award stayed within the reference and did not offend public policy.

• Arbitration Awards
• Scope Of Reference
• Public Policy Challenge
• Lease Disputes
• Contractual Interpretation
• Arbitration-awards

Karago & Associates Architects Limited & 11 others v Kenya Hospital Association also referred to as the Nairobi Hospital

Karago & Associates Architects Limited & 11 others v Kenya Hospital Association also referred to as the Nairobi Hospital [2022] KEHC 13336 (KLR)

Court

High Court

Case number

Miscellaneous Application E515 of 2021

Judge

A Mshila

The court found that the arbitrator's interim award, which directed a joint verification and re-measurement of works, was intended to clarify the issues in dispute and facilitate the determination of the main dispute regarding professional fees. The arbitrator had not finally determined the substantive issues, and the directive was within the scope of the arbitration agreement, given that the applicants' fees were tied to the value of works. The court held that it was premature to contend that the interim award exceeded the reference or violated public policy. The applicants had not demonstra…

Source excerpt

• Arbitration Awards
• Public Policy Exception
• Scope Of Reference
• Arbitration Act Section 35
• Construction Contracts
• Professional Fees

Eggjen Joinex Ltd v The Nairobi Hospital

Eggjen Joinex Ltd v The Nairobi Hospital [2022] KEHC 12767 (KLR)

Court

High Court

Case number

Miscellaneous Application E487 of 2021

Judge

A Mshila

High Court partly allowed enforcement of an arbitral award, recognizing it save for an extended preliminaries claim that exceeded the reference and was sent back for clarification.

• Arbitration Award Enforcement
• Recognition Of Awards
• Scope Of Reference
• Preliminary Objection
• Arbitration Timelines
• Arbitration-award-enforcement

Kuria v Invesco Assurance Company Limited

Kuria v Invesco Assurance Company Limited [2022] KEHC 10456 (KLR)

Court

High Court

Case number

Arbitration Cause E007 of 2022

Judge

DAS Majanja

The High Court recognized and adopted a domestic arbitral award after finding the applicant met section 36 requirements and the respondent proved no section 37 refusal grounds.

• Arbitral Award Enforcement
• Public Policy Exception
• Scope Of Reference
• Formal Requirements For Enforcement
• Arbitral-award-enforcement
• Public-policy-exception

Triple Edge Limited v Unaitas Sacco Society Limited

Triple Edge Limited v Unaitas Sacco Society Limited [2022] KEHC 71 (KLR)

Court

High Court

Case number

Miscellaneous Application E579 of 2021

Judge

DAS Majanja

The court found that the arbitral award did not exceed the scope of the reference as defined by the arbitration agreement, which granted the arbitrator broad jurisdiction over disputes arising from the agreement. The applicant failed to demonstrate that the award addressed matters not contemplated by the reference or that it was contrary to public policy. The court emphasized that errors of fact or law by the arbitrator do not amount to violations of public policy and that the public policy exception must be narrowly construed. The arbitrator's competence could not be challenged as the partie…

Source excerpt

• Arbitration Award Enforcement
• Setting Aside Award
• Public Policy Exception
• Scope Of Reference
• Contractual Disputes

Runda Royal Limited v Defo (Suing through her Power of Attorney – Eugenie Nouala)

Runda Royal Limited v Defo (Suing through her Power of Attorney – Eugenie Nouala) [2022] KEHC 63 (KLR)

Court

High Court

Case number

Miscellaneous Application E239 of 2021

Judge

DAS Majanja

The court held that the applicant's grounds for setting aside the arbitral award were essentially challenges to the merits of the arbitrator's factual and legal findings, which are not permissible grounds under section 35 of the Arbitration Act. The arbitrator acted within the scope of the reference as defined by the arbitration clause, and all disputes arising from the agreement, including those determined, fell within his jurisdiction. The applicant failed to demonstrate that the award was inconsistent with the Constitution, any law, or public policy of Kenya. The court reaffirmed the princ…

Source excerpt

• Arbitration Awards
• Setting Aside Award
• Public Policy Exception
• Scope Of Reference
• Contractual Breach
• Finality Of Arbitration

Jinsing Enterprises Company Limited v Fortress Engineering Limited

Jinsing Enterprises Company Limited v Fortress Engineering Limited [2021] KEHC 336 (KLR)

Court

High Court

Case number

Miscellaneous Application E1302 of 2020

Judge

DAS Majanja

High Court ruling on a challenge to an arbitral award in a plumbing sub-contract dispute. The court dismissed the set-aside application and allowed enforcement.

• Arbitration Awards
• Setting Aside Award
• Enforcement Of Awards
• Jurisdiction Of Court
• Scope Of Reference
• Public Policy