The Applicant's application dated 04.01.2023 is for enforcement of arbitral awards under section 36 of the Arbitration Act. The application has been served on the Respondent and is not opposed. The application to set aside the Award filed by the Respondent was in fact dismissed in HCCOMM No. 579 of 2014 in a ruling by Tuiyott J. dated 28.04.2020.
The application is therefore allowed on the following term:
(a) The Final Award dated 05.03.2019 and the Award on Costs dated 14.12.2022 are duly recognized as the Judgment of this court and leave is granted to the Applicant to execute the same as decree of the court.
(b) The Respondent shall pay the costs of the application assessed at Kshs. 150,000.00.
DATED and DELIVERED at NAIROBI this 13th day of APRIL 2023
D. S. MAJANJA
JUDGE