The application dated 13.01.2023 before the court is made under section 36 of the Arbitration Act. It seeks an order for the recognition and enforcement of an arbitral award dated 13.01.2021. This court has already dismissed an application to set aside the award. The Respondent does not oppose the application on substance. It has however filed a replying affidavit in which it states that it has already started making payment.
The duty of the court under section 36 of the Arbitration Act is to formally give effect to the result of the arbitration process. The issue of payment will be dealt with once the award is recognized as a judgment of this court.
I therefore allow the application dated 13.01.2023 on the following terms:
(a) The Arbitral Award dated 30.12.2021 is recognized as a judgment of this court and leave is granted to the Applicant to enforce it as a decree of the court.
(b) The Respondent shall pay the Applicants costs assessed at Kshs. 30,000.00.
DATED and DELIVERED at NAIROBI this 12th day of APRIL 2023
D. S. MAJANJA
JUDGE