1. I have considered the application dated 23rd June, 2023 together with the supporting affidavit sworn on even date. I note that the same is not opposed.
2. The applicant is seeking recognition and enforcement of the arbitral award dated 13th April 2023.
3. The applicable law is found at Section 36 of the Arbitration Act, 1995. The same provides as follows:
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.
4. I am satisfied that the above requirements have been complied with. Further, I take note that no live application for setting aside or refusal of recognition or enforcement is pending before the court at present and that the statutory time limit for filing such an application has since elapsed.
5. I note that a certified copy of the award appears at page 78 of the applicant’s annexures and a certified copy of the arbitration agreement dated 7th June, 2021 appears at page 5 of the further affidavit. The Agreement to arbitrate is found at clause 26 of the contract between the parties.
6. Accordingly, based on the reasons set out above, I find that the application is with merit.
7. The orders of the court are as follows:
a. The final award of the Arbitrator dated 13th April, 2023 is hereby recognized and adopted as a judgment and leave is granted to the applicant for the same to be enforced as a decree.
b. The file is marked is closed.