1. I have considered the application, affidavit in support and the evidence produced by the applicants in support of the application dated 15th November, 2024, which seeks the adoption of an arbitral award under section 36 of the Arbitration Act.
2. I am satisfied that the application was served on the respondent as evidenced by the affidavit of service sworn on 12th January, 2025. No response has been filed to the application. It would appear that the respondent has also yet to file an application to set aside the award dated 22nd August, 2022.
3. Section 36 of the Arbitration Act requires that a party seeking to have an award recognized should furnish the court with the original award or a certified copy of it and the original arbitration agreement or a certified copy of it.
4. Annexed to the supporting affidavit sworn by AGNES GATHONI MAINA is the Agreement for Sale dated 11th December, 2018. Clause H at page 7 contains the arbitration clause. The final award dated 22nd August, 2022 is equally annexed. Both certified copies are in compliance with section 36 of the Act.
Disposition
5. Accordingly, the application dated 15th November, 2024 is allowed, recognizing the final arbitral award dated 22nd August, 2022 issued by KANANU KINYA MUTEA with leave to enforce the award as a decree of this court.
6. Matter marked as spent. File closed.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 19TH DAY OF FEBRUARY 2025.
F. MUGAMBI
JUDGE
2. I am satisfied that the application was served on the respondent as evidenced by the affidavit of service sworn on 12th January, 2025. No response has been filed to the application. It would appear that the respondent has also yet to file an application to set aside the award dated 22nd August, 2022.
3. Section 36 of the Arbitration Act requires that a party seeking to have an award recognized should furnish the court with the original award or a certified copy of it and the original arbitration agreement or a certified copy of it.
4. Annexed to the supporting affidavit sworn by AGNES GATHONI MAINA is the Agreement for Sale dated 11th December, 2018. Clause H at page 7 contains the arbitration clause. The final award dated 22nd August, 2022 is equally annexed. Both certified copies are in compliance with section 36 of the Act.
Disposition
5. Accordingly, the application dated 15th November, 2024 is allowed, recognizing the final arbitral award dated 22nd August, 2022 issued by KANANU KINYA MUTEA with leave to enforce the award as a decree of this court.
6. Matter marked as spent. File closed.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 19TH DAY OF FEBRUARY 2025.
F. MUGAMBI
JUDGE