RULING
1.Before the court is the applicant’s notice of motion dated 2.7.2025, brought primarily under section 36 and 37 of the Arbitration Act, seeking: -
(1) THAT the terms of Arbitrator's Final award dated 12th December, 2020 between JURGEN KIRSTE and NORDIC APARTMENTS LIMITED be adopted as an award of this Honourable Court in settlement of the dispute between the parties herein.
(2) THAT a decree do issue reflecting the orders of the Arbitrator.
(3) THAT the costs of this Application be awarded to the Applicant herein.
2.The application is supported by the affidavit sworn by Jurgen Kriste on 2.7.2025 and written submissions dated 15.8.2025.
3.The respondent did not file its response to the application despite service.
Background
4.In the backdrop, the parties entered into an agreement dated 1.3.2019 for the sale and purchase of a two-bedroom apartment. The applicant was the purchaser and the respondent the vendor.
5.The respondent was unable to complete the constructions of the proposed apartments for various reasons. The applicant demanded a refund of the deposits of Kshs. 1,925,211, which the respondent was unable to refund on acceptable terms.
6.The dispute was referred to arbitration in terms of Clause J of the sale agreement. The sole arbitrator, Hon. Peter M. Waiyaki, rendered a final award on 12.12.2020.
Applicant’s case
7.The applicant’s case is that the respondent subsequently issued various cheques to settle the award, but they were dishonoured upon presentation. Thereafter, the respondent resumed payment of the award in bits though not through the mode negotiated and agreed before the arbitrator.
8.The applicant further claimed that the respondent has been paying monthly instalments of Kshs. 50,000/= only and has not remitted payments for December, 2024 and January 2025. That just prior to him filing this application, the respondent paid an instalment of Kshs. 50,000/= only on 12.4.2024.
9.The applicant pointed out that the respondent had paid a total of Kshs. 900,000/= only leaving a huge balance hence the prayer for adoption of the award to enable it to execute the balance of the purchase price and interest as per the award.
10.The applicant asserted that the respondent will not be prejudiced if the orders sought are granted.
11.The applicant relied on Josef v Golden Century Ltd [2024] KEHC 1152 (KLR) to submit that he has met the pre-condition for the enforcement of the award.
Analysis and Determination
12.Section 36 of the Arbitration Act provides: -
“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) ….
(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.
13.The applicant exhibited a copy of the award. The award acknowledged clause J of the contract, in which parties agreed to refer all claims and disputes arising from the agreement in accordance with the Arbitration Act to a single arbitrator.
14.The award shows that the claimed amount was not disputed and the parties came to an agreement regarding the payment terms of the claimed amount of Kshs. 1,925,211.21/-. It was agreed as follows: -
“a. That the Claimant is hereby awarded the amount of Kshs. 1,925,211.21/-
b. That the Amount of Kshs 1,925,211.21 be paid to the Claimant by the Respondent as follows:
i. Kshs 500,000/= on or before 31st December 2020;
ii. Kshs 200,000/= on or before 31st March 2021;
iii. Kshs 300,000/= on or before 30th April 2021;
iv. Kshs 200,000/= on or before 31st May 2021;
v. Kshs 300,000/= on or before 30th June 2021;
vi. Kshs 200,000/= on or before 31st July 2021;
vii. Kshs 225,211.21 on or before 31st August 2021.
c. That interest shall accrue on any instalment or portion thereof which remains unpaid from the date it falls due until payment in full at the rate of 1.5% per month, and computed for the number of days any amount is so outstanding.
d. That the costs of the Claimant in the sum of Kshs 60,000/ be paid by the Respondent in three instalments of Kshs 20,000/ each in November and December 2020 and January 2021.
e. That the arbitrator's fees of Kshs 50,000/= be paid by the Respondent before or on collection of this Award."
15.The applicant stated that the respondent partially complied with the arbitral award by paying some of the agreed instalments totalling Kshs. 900,000/- and thereafter defaulted, prompting his application.
16.As earlier noted, the respondent did not file its response to the application despite service. Therefore, there is no objection to the recognition and enforcement of the award. There is also no application to set aside the award under section 37 of the Arbitration Act.
17.There is nothing that has been pointed out which would entitle the court not to recognize the award as the order of the court and be accordingly enforced.
Disposal
18.Accordingly, the application dated 2.7.2025 is allowed with no orders as to costs as there was no response. The award is recognized and adopted as the order of the court; and shall be so enforced.
19.The total paid refund sum of Kshs. 900,000/- and/ or any further instalments paid before the delivery of this ruling shall be factored in computing the outstanding balance and the accrued interests.
Dated, signed and delivered at Nairobi through Microsoft Teams online application this 12th day of February, 2026
-----------------
F. Gikonyo M
Judge
In the presence of: -
Marai for Applicant
No appearance for Respondent
CA Kinyua
1.Before the court is the applicant’s notice of motion dated 2.7.2025, brought primarily under section 36 and 37 of the Arbitration Act, seeking: -
(1) THAT the terms of Arbitrator's Final award dated 12th December, 2020 between JURGEN KIRSTE and NORDIC APARTMENTS LIMITED be adopted as an award of this Honourable Court in settlement of the dispute between the parties herein.
(2) THAT a decree do issue reflecting the orders of the Arbitrator.
(3) THAT the costs of this Application be awarded to the Applicant herein.
2.The application is supported by the affidavit sworn by Jurgen Kriste on 2.7.2025 and written submissions dated 15.8.2025.
3.The respondent did not file its response to the application despite service.
Background
4.In the backdrop, the parties entered into an agreement dated 1.3.2019 for the sale and purchase of a two-bedroom apartment. The applicant was the purchaser and the respondent the vendor.
5.The respondent was unable to complete the constructions of the proposed apartments for various reasons. The applicant demanded a refund of the deposits of Kshs. 1,925,211, which the respondent was unable to refund on acceptable terms.
6.The dispute was referred to arbitration in terms of Clause J of the sale agreement. The sole arbitrator, Hon. Peter M. Waiyaki, rendered a final award on 12.12.2020.
Applicant’s case
7.The applicant’s case is that the respondent subsequently issued various cheques to settle the award, but they were dishonoured upon presentation. Thereafter, the respondent resumed payment of the award in bits though not through the mode negotiated and agreed before the arbitrator.
8.The applicant further claimed that the respondent has been paying monthly instalments of Kshs. 50,000/= only and has not remitted payments for December, 2024 and January 2025. That just prior to him filing this application, the respondent paid an instalment of Kshs. 50,000/= only on 12.4.2024.
9.The applicant pointed out that the respondent had paid a total of Kshs. 900,000/= only leaving a huge balance hence the prayer for adoption of the award to enable it to execute the balance of the purchase price and interest as per the award.
10.The applicant asserted that the respondent will not be prejudiced if the orders sought are granted.
11.The applicant relied on Josef v Golden Century Ltd [2024] KEHC 1152 (KLR) to submit that he has met the pre-condition for the enforcement of the award.
Analysis and Determination
12.Section 36 of the Arbitration Act provides: -
“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) ….
(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.
13.The applicant exhibited a copy of the award. The award acknowledged clause J of the contract, in which parties agreed to refer all claims and disputes arising from the agreement in accordance with the Arbitration Act to a single arbitrator.
14.The award shows that the claimed amount was not disputed and the parties came to an agreement regarding the payment terms of the claimed amount of Kshs. 1,925,211.21/-. It was agreed as follows: -
“a. That the Claimant is hereby awarded the amount of Kshs. 1,925,211.21/-
b. That the Amount of Kshs 1,925,211.21 be paid to the Claimant by the Respondent as follows:
i. Kshs 500,000/= on or before 31st December 2020;
ii. Kshs 200,000/= on or before 31st March 2021;
iii. Kshs 300,000/= on or before 30th April 2021;
iv. Kshs 200,000/= on or before 31st May 2021;
v. Kshs 300,000/= on or before 30th June 2021;
vi. Kshs 200,000/= on or before 31st July 2021;
vii. Kshs 225,211.21 on or before 31st August 2021.
c. That interest shall accrue on any instalment or portion thereof which remains unpaid from the date it falls due until payment in full at the rate of 1.5% per month, and computed for the number of days any amount is so outstanding.
d. That the costs of the Claimant in the sum of Kshs 60,000/ be paid by the Respondent in three instalments of Kshs 20,000/ each in November and December 2020 and January 2021.
e. That the arbitrator's fees of Kshs 50,000/= be paid by the Respondent before or on collection of this Award."
15.The applicant stated that the respondent partially complied with the arbitral award by paying some of the agreed instalments totalling Kshs. 900,000/- and thereafter defaulted, prompting his application.
16.As earlier noted, the respondent did not file its response to the application despite service. Therefore, there is no objection to the recognition and enforcement of the award. There is also no application to set aside the award under section 37 of the Arbitration Act.
17.There is nothing that has been pointed out which would entitle the court not to recognize the award as the order of the court and be accordingly enforced.
Disposal
18.Accordingly, the application dated 2.7.2025 is allowed with no orders as to costs as there was no response. The award is recognized and adopted as the order of the court; and shall be so enforced.
19.The total paid refund sum of Kshs. 900,000/- and/ or any further instalments paid before the delivery of this ruling shall be factored in computing the outstanding balance and the accrued interests.
Dated, signed and delivered at Nairobi through Microsoft Teams online application this 12th day of February, 2026
-----------------
F. Gikonyo M
Judge
In the presence of: -
Marai for Applicant
No appearance for Respondent
CA Kinyua