1. I have considered the Application dated 1st August, 2024 ("the Application") together with the affidavit filed in in support. The Application seeks to recognize and enforce an arbitral award dated 15th June 2023, (“the Award”).
2. I have also considered the Applicant’s further affidavit sworn on 24 February, 2025 which annexes a certified copy of the Award and annexes certified copy of the arbitration agreement between the parties.
3. In opposition to the Application the respondent filed a replying affidavit and a Preliminary Objection. The crux of the objection is that the applicant has not complied with the provisions of section 36 of the Arbitration Act which relate to recognition and enforcement of an award.
4. The respondent submitted, in short, that the certification of the Award and the Agreement was not proper, the same having been certified as a true copy of original by an Advocate, rather than the arbitral Tribunal.
5. 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.
6. Guided by the above, I note that the said provisions do not prescribe the specific form of certification. I am therefore satisfied that the above requirements have been complied with.
7. Further, I take note that no live application for setting aside or refusal of recognition or enforcement of the Award is pending before the court at present, and that the statutory time limit for filing such an application has since elapsed.
8. Additionally, I note that the respondent has not denied that the authenticity of either the Award or the arbitration Agreement, nor has counsel submitted that the award is not genuine in any other manner.
9. Having found that the Arbitration Act is silent on the mode and manner of certification, and given the admission by the respondent that the Award and Agreement are genuine, I am of the view that the certification by an Advocate is not fatal to the Application.
10. Based on the reasons set out above the preliminary objection dated 7th March, 2025 is dismissed with costs.
11. The Application is allowed with costs and the Award dated 15th June 2023 is hereby recognized and enforced as a decree of the court.
12. The file is marked as closed.