Background and Introduction
1. For determination is the application dated 19th December 2024. The application seeks to have this Court recognize, adopt and enforce the arbitral award dated 20th November 2024 and the addendum dated 17th December 2024 by the arbitral Tribunal comprising Angeline Welsh, Thomas Kendra, and Chiann Bao, that judgment be entered in favour of the applicant in terms of the award and that the applicant be granted leave to extract the decree and execute the same.
2. The application is supported by the affidavit of Maarit Hannula, sworn on even date. It is opposed by the Replying Affidavit of Edwin Harold Dayan Dande sworn on 24th February 2025. I have equally considered the written submissions filed by the parties in support of their respective cases.
Analysis and Determination
3. The present application goes hand in hand with that in Misc E011 of 2025 in which the respondents unsuccessfully sought to have the same award set aside. The grounds raised in objection to the present application against the recognition of the award are similar to those raised in Misc E011 of 2025.
4. The legal parameters for enforcement of an arbitral award are set out under Section 36 of the Arbitration Act. It requires that:
36.(1) An arbitral award, irrespective of the state in which it was made 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) Unless the High Court otherwise orders, the party replying on an arbitral award or applying for its enforcement shall furnish—
the duly authenticated original arbitral award or a duly certified copy of it; and the original arbitration agreement or a duly certified copy of it.
5. Having considered and determined the application for setting aside the arbitral award, the Court is now enjoined to address the requirements under Section 36 of the Arbitration Act. That provision obliges the Court, before recognizing and enforcing an arbitral award, to satisfy itself that the applicant has complied with the procedural requirements set out under Section 36(2).
6. Upon perusal of the record, it is evident that the applicant has only produced a certified copy of the arbitral award dated 20th November 2024. The Addendum Award dated 17th December 2024 has not been placed before this Court, nor has the original arbitration agreement or a duly certified copy thereof been furnished. In the absence of full compliance with the statutory requirements, this Court cannot properly exercise its jurisdiction to recognize or enforce the award.
7. The fair and just course is to strike out the application, so as to allow the applicant to pursue recognition and enforcement through the proper procedure as prescribed by law.
Disposition
8. Accordingly, the application dated 19th December 2024 for recognition and enforcement under Section 36 of the Arbitration Act is struck out for non-compliance with Section 36(2) and the Arbitration Act. The respondent shall have the costs of the application.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 6th DAY OF MAY 2026
F. MUGAMBI
JUDGE
1. For determination is the application dated 19th December 2024. The application seeks to have this Court recognize, adopt and enforce the arbitral award dated 20th November 2024 and the addendum dated 17th December 2024 by the arbitral Tribunal comprising Angeline Welsh, Thomas Kendra, and Chiann Bao, that judgment be entered in favour of the applicant in terms of the award and that the applicant be granted leave to extract the decree and execute the same.
2. The application is supported by the affidavit of Maarit Hannula, sworn on even date. It is opposed by the Replying Affidavit of Edwin Harold Dayan Dande sworn on 24th February 2025. I have equally considered the written submissions filed by the parties in support of their respective cases.
Analysis and Determination
3. The present application goes hand in hand with that in Misc E011 of 2025 in which the respondents unsuccessfully sought to have the same award set aside. The grounds raised in objection to the present application against the recognition of the award are similar to those raised in Misc E011 of 2025.
4. The legal parameters for enforcement of an arbitral award are set out under Section 36 of the Arbitration Act. It requires that:
36.(1) An arbitral award, irrespective of the state in which it was made 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) Unless the High Court otherwise orders, the party replying on an arbitral award or applying for its enforcement shall furnish—
the duly authenticated original arbitral award or a duly certified copy of it; and the original arbitration agreement or a duly certified copy of it.
5. Having considered and determined the application for setting aside the arbitral award, the Court is now enjoined to address the requirements under Section 36 of the Arbitration Act. That provision obliges the Court, before recognizing and enforcing an arbitral award, to satisfy itself that the applicant has complied with the procedural requirements set out under Section 36(2).
6. Upon perusal of the record, it is evident that the applicant has only produced a certified copy of the arbitral award dated 20th November 2024. The Addendum Award dated 17th December 2024 has not been placed before this Court, nor has the original arbitration agreement or a duly certified copy thereof been furnished. In the absence of full compliance with the statutory requirements, this Court cannot properly exercise its jurisdiction to recognize or enforce the award.
7. The fair and just course is to strike out the application, so as to allow the applicant to pursue recognition and enforcement through the proper procedure as prescribed by law.
Disposition
8. Accordingly, the application dated 19th December 2024 for recognition and enforcement under Section 36 of the Arbitration Act is struck out for non-compliance with Section 36(2) and the Arbitration Act. The respondent shall have the costs of the application.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 6th DAY OF MAY 2026
F. MUGAMBI
JUDGE