' RULING
1. This is a Ruling is in respect of the Claimant/Applicant’s application by way of Chamber Summons dated 14.5.2025. It is supported by an affidavit in support sworn by one MD ZAHID HASSAN on 14.5.2025.
2. It seeks the following orders:
1) Spent
2) THAT the Final Award made by the Arbitrator Mr. Aasif Karim,
FCIArb dated 3.2.2023 be recognized as binding and be adopted as a Decree of this Honourable Court.
3. The application is not opposed. There is no pending application for setting aside the Arbitral Award.
Issues for Determination
4. The Court having looked at the application and the affidavit in support, frames a single issue for determination.
a) Whether the Final Award by Arbitrator Mr. Asif Karim, FCIArb dated 3rd day of February 2025 should be recognized as binding and adopted as a Decree of this Honourable Court.
Analysis
5. The application is brought under Section 36 of the Arbitration Act which deals with recognition and certificate of awards. It states as follows:
36. Recognition and enforcement of awards
(1) A domestic arbitral award shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37
(2) An international arbitration award shall be recognised as binding and enforced in accordance to the provisions of the New York Convention or any other convention to which Kenya is signatory and relating to arbitral awards.
(3) Unless the High Court otherwise orders, the party relying on an arbitral award or applying for its enforcement must furnish—
(a) the original arbitral award or a duly certified copy of it; and
(b) the original arbitration agreement or a duly certified copy of it.
(4) If the arbitral award or arbitration agreement is not made in the English language, the party shall furnish a duly certified translation of it into the English language.
(5) In this section. the expression "New York Convention" means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations General Assembly in New York on the 10th June, 1958, and acceded to by Kenya on the 10th February, 1989, with a reciprocity reservation.
6. The Affidavit also relies upon Rule 6 of the Arbitration Rules which states as follows:
If no application to set aside an arbitral award has been made in accordance with section 35 of the Act the party filing the award may apply ex parte by summons for leave to enforce the award as a decree.
7. In Samura Engineering Limited vs Don Wood Co. Ltd [2014] eKLR the Court stated as follows;
“The process in section 36 and 37 of the Arbitration Act leads to the adoption of the award by the court thus, the court super-adds its authority into and embodies the award as the order of the court; from that time, the person in whose favour the award is made can enforce the award, and the person against who the award is made runs the risk of suffering execution.”
8. The provisions of Section 36 (3) of the Arbitration Act have been complied with by the Applicant. The Court has seen a certified copy of the Arbitration Award. It has also seen a certified copy of the Arbitration Agreement. The Award is on the English Language.
9. There is no bar to enforcement raised in accordance with Section 37 of the Arbitration Act .
10. In the circumstances the Court is persuaded that it should allow the orders sought in the application.
11. As to costs the same ordinarily ordinary follow the event unless otherwise stated. In the circumstances of this case there is no good reason to deny the Applicant costs.
Determination
12. The Claimant/Applicant’s application by way of a Chamber Summons dated 14.5.2025 is allowed in the following terms:
a) THAT the Final Award made by the Arbitrator Mr. Aasif Karim,
FCIArb. dated 3.2.2023 be and is HEREBY recognized as binding and be adopted as a Decree of this Honourable Court.
b) The costs are awarded to the Applicant.
13. it is so ordered.
14. This file is marked as closed.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 16TH DAY OF OCTOBER, 2025.
NJOROGE BENJAMIN K.
JUDGE
In the presence of;
Mr. Lwande for the Claimant/Applicant
N/A for the Defendant/Respondent.
Mr. Peter Wabwire - Court Assistant.
'
1. This is a Ruling is in respect of the Claimant/Applicant’s application by way of Chamber Summons dated 14.5.2025. It is supported by an affidavit in support sworn by one MD ZAHID HASSAN on 14.5.2025.
2. It seeks the following orders:
1) Spent
2) THAT the Final Award made by the Arbitrator Mr. Aasif Karim,
FCIArb dated 3.2.2023 be recognized as binding and be adopted as a Decree of this Honourable Court.
3. The application is not opposed. There is no pending application for setting aside the Arbitral Award.
Issues for Determination
4. The Court having looked at the application and the affidavit in support, frames a single issue for determination.
a) Whether the Final Award by Arbitrator Mr. Asif Karim, FCIArb dated 3rd day of February 2025 should be recognized as binding and adopted as a Decree of this Honourable Court.
Analysis
5. The application is brought under Section 36 of the Arbitration Act which deals with recognition and certificate of awards. It states as follows:
36. Recognition and enforcement of awards
(1) A domestic arbitral award shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37
(2) An international arbitration award shall be recognised as binding and enforced in accordance to the provisions of the New York Convention or any other convention to which Kenya is signatory and relating to arbitral awards.
(3) Unless the High Court otherwise orders, the party relying on an arbitral award or applying for its enforcement must furnish—
(a) the original arbitral award or a duly certified copy of it; and
(b) the original arbitration agreement or a duly certified copy of it.
(4) If the arbitral award or arbitration agreement is not made in the English language, the party shall furnish a duly certified translation of it into the English language.
(5) In this section. the expression "New York Convention" means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations General Assembly in New York on the 10th June, 1958, and acceded to by Kenya on the 10th February, 1989, with a reciprocity reservation.
6. The Affidavit also relies upon Rule 6 of the Arbitration Rules which states as follows:
If no application to set aside an arbitral award has been made in accordance with section 35 of the Act the party filing the award may apply ex parte by summons for leave to enforce the award as a decree.
7. In Samura Engineering Limited vs Don Wood Co. Ltd [2014] eKLR the Court stated as follows;
“The process in section 36 and 37 of the Arbitration Act leads to the adoption of the award by the court thus, the court super-adds its authority into and embodies the award as the order of the court; from that time, the person in whose favour the award is made can enforce the award, and the person against who the award is made runs the risk of suffering execution.”
8. The provisions of Section 36 (3) of the Arbitration Act have been complied with by the Applicant. The Court has seen a certified copy of the Arbitration Award. It has also seen a certified copy of the Arbitration Agreement. The Award is on the English Language.
9. There is no bar to enforcement raised in accordance with Section 37 of the Arbitration Act .
10. In the circumstances the Court is persuaded that it should allow the orders sought in the application.
11. As to costs the same ordinarily ordinary follow the event unless otherwise stated. In the circumstances of this case there is no good reason to deny the Applicant costs.
Determination
12. The Claimant/Applicant’s application by way of a Chamber Summons dated 14.5.2025 is allowed in the following terms:
a) THAT the Final Award made by the Arbitrator Mr. Aasif Karim,
FCIArb. dated 3.2.2023 be and is HEREBY recognized as binding and be adopted as a Decree of this Honourable Court.
b) The costs are awarded to the Applicant.
13. it is so ordered.
14. This file is marked as closed.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 16TH DAY OF OCTOBER, 2025.
NJOROGE BENJAMIN K.
JUDGE
In the presence of;
Mr. Lwande for the Claimant/Applicant
N/A for the Defendant/Respondent.
Mr. Peter Wabwire - Court Assistant.
'