Background and Introduction
1. The application dated 22nd October 2025 is brought under Section 36 of the Arbitration Act, 1995 and Rule 6 of the Arbitration Rules, 1997. It seeks to have the Arbitral Award made and published on 28th August 2024 by Mary Njagi, FCIArb recognized and registered as a judgment of this Honourable Court pursuant to Section 36 of the Arbitration Act, 1995 and for judgment to be entered in the terms of the said award.
2. Despite service of the application as evidenced by the Affidavit of Service sworn by ENOCK WILLY on 20th January 2026, there has been no response to the application. Be that as it may, it is the duty of this Court to examine the application on its merits. I have therefore considered the submissions filed by the applicant as well as the evidence placed before me.
Analysis and Determination
3. The legal parameters for enforcement of an arbitral award are as set out by Section 36 of the Arbitration Act which requires that:
36.(1) An arbitral award, irrespective of the state in which it was made 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) Unless the High Court otherwise orders, the party replying on an arbitral award or applying for its enforcement shall furnish—
(i) the duly authenticated original arbitral award or a duly certified copy of it; and
(ii) the original arbitration agreement or a duly certified copy of it.
4. The applicant has produced a copy of the Tenant Purchase Agreement dated 1st September 2021, in which the arbitration clause appears at Clause 23. A copy of the final Award dated 28th August 2024 is also provided. However, none of these documents are certified as required under Section 36(2)(i) and (ii) of the Arbitration Act. Strict compliance with the law is necessary, and given that the application is unopposed, the Court allows the application on condition that certified copies of the Agreement and the Award are filed within seven (7) days. The matter will be mentioned thereafter to confirm compliance and for final Orders.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 6th DAY OF MAY 2026
F. MUGAMBI
JUDGE
1. The application dated 22nd October 2025 is brought under Section 36 of the Arbitration Act, 1995 and Rule 6 of the Arbitration Rules, 1997. It seeks to have the Arbitral Award made and published on 28th August 2024 by Mary Njagi, FCIArb recognized and registered as a judgment of this Honourable Court pursuant to Section 36 of the Arbitration Act, 1995 and for judgment to be entered in the terms of the said award.
2. Despite service of the application as evidenced by the Affidavit of Service sworn by ENOCK WILLY on 20th January 2026, there has been no response to the application. Be that as it may, it is the duty of this Court to examine the application on its merits. I have therefore considered the submissions filed by the applicant as well as the evidence placed before me.
Analysis and Determination
3. The legal parameters for enforcement of an arbitral award are as set out by Section 36 of the Arbitration Act which requires that:
36.(1) An arbitral award, irrespective of the state in which it was made 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) Unless the High Court otherwise orders, the party replying on an arbitral award or applying for its enforcement shall furnish—
(i) the duly authenticated original arbitral award or a duly certified copy of it; and
(ii) the original arbitration agreement or a duly certified copy of it.
4. The applicant has produced a copy of the Tenant Purchase Agreement dated 1st September 2021, in which the arbitration clause appears at Clause 23. A copy of the final Award dated 28th August 2024 is also provided. However, none of these documents are certified as required under Section 36(2)(i) and (ii) of the Arbitration Act. Strict compliance with the law is necessary, and given that the application is unopposed, the Court allows the application on condition that certified copies of the Agreement and the Award are filed within seven (7) days. The matter will be mentioned thereafter to confirm compliance and for final Orders.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 6th DAY OF MAY 2026
F. MUGAMBI
JUDGE