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Kenya decisions
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CIC General Insurance Company Ltd v Bemms Limited [2025] KEHC 9981 (KLR)
The High Court rejected an insurer’s bid to set aside two arbitral awards, finding the challenge time-barred and the jurisdiction objections waived.
Maroko v Co-operative Bank of Kenya [2024] KECA 1153 (KLR)
The Court of Appeal dismissed an application to strike out a notice and record of appeal, holding that the applicant had waived objections by consenting to filing of the record.
Wealthsmith Limited & another v Hoatt Holdings Limited; Kabata (Interested Party) [2024] KEHC 3519 (KLR)
The High Court dismissed an application to set aside an arbitral award as time-barred and held the parties had waived objections to the arbitrator’s qualifications.
Nar Enterprises Limited v Africa Reit Limited [2023] KEHC 17278 (KLR)
The High Court dismissed an application to set aside an arbitral award, holding the tribunal had determined jurisdiction, became functus officio, and no section 35 ground was proved.
Assa Abloy (E.A.) Limited v Top Security Systems Limited [2021] KEHC 194 (KLR)
The High Court dismissed a challenge to an arbitral award, finding the applicant had waived its jurisdictional objection and shown no basis to set aside the award.
Amina Hersi Moghe & 2 others v Diamond Trust Bank Kenya Limited & Dalali Traders Auctioneers [2021] KEHC 4303 (KLR)
The court held that while Order 5 of the Civil Procedure Rules appears mandatory regarding the issuance and service of summons, the rules must be interpreted in light of their purpose and the conduct of the parties. Where a defendant has entered appearance, filed responses, and actively participated in the proceedings without raising timely objection to non-service of summons, the defendant is deemed to have waived the right to challenge the suit on that ground. The court found that the defendants were fully aware of the suit, had appointed advocates, filed affidavits, and robustly defended t…
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Peter Ouma Onyango v Mats Karlsson [2021] KEHC 4155 (KLR)
The High Court refused to halt a Kenya arbitration on limitation grounds, holding that the tribunal should decide limitation and that the applicant had waived the objection.
Royal Ngao Holdings Limited v N.K. Brothers Limited [2020] KEHC 2550 (KLR)
The court found that Royal Ngao Holdings Limited received notice of the arbitrator's ruling on jurisdiction in December 2019 but filed the application to the High Court on 24th April 2020, well outside the 30-day period mandated by section 17(6) of the Arbitration Act. Royal did not seek leave to file the application out of time, and this omission was fatal. On the issue of the arbitral tribunal's jurisdiction, the court held that even if the Notice of Dispute was issued outside the 90-day contractual period, Royal, by participating in the arbitration and issuing the notice, had waived its ri…
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SULTANALI KERMALLY AND ALI KERMALLY v LAILA MOHAMED SEIF AL BUSAIDIYA, WAKF COMMISSIONER OF KENYA AND ATTORNEY GENERAL [2007] KEHC 1585 (KLR)
The court held that the summons to enter appearance issued on 3rd April 2000, which gave the defendants only 10 days to enter appearance instead of the statutory minimum, was a nullity and not a mere irregularity. As such, it could not be cured by amendment. The court found that a summons to enter appearance is a pleading and generally capable of amendment, but a document that is void ab initio cannot be amended. The entry of unconditional appearance by the defendants did not waive their right to object to the defective summons, as a point of law can be raised at any time before judgment. The…
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Fredrick Kibet Chesire v Raymond W. Bomett & 3 others [2006] KEHC 2969 (KLR)
The High Court dismissed an application to strike out a suit for alleged non-service of summons, holding that the defendant had already filed a defence and participated in proceedings.
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