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1. The application dated 12 September, 2025 has been considered together with the supporting affidavit and the grounds of opposition.
2. The Application seeks to adopt a further award on costs published by the Arbitrator. The same is opposed on what appears to be a rather shaky argument that a court may not recognize a further award, once a final award has been recognized and enforced.
3. A reading of the Arbitration Act shows that a “further award” may be published by an arbitrator pursuant to Section 34(4) of the Arbitration Act, which allows the tribunal, upon request, to make an additional award on matters, including costs, that were omitted from the final award.
4. Once such a further award is made, it carries the same legal force and effect as the principal award, and may be adopted by the court and duly recognized and enforced.
5. Thus, contrary to the grounds of opposition put forward, the Arbitration Act gives the High Court express power to adopt or enforces a further award on costs under Section 36, read together with Section 34(4).
6. Having found the above, I move to consider the criteria under section 36 of the Act in respect of the further award: The same reads 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.
7. Because this court already found that the above criteria had been met when it adopted the final award, the only further verification required is to ensure that the further award, published on 3rd April 2025 is present in either original form, or that a duly certified true copy of the original has been provided. The same is available on the court record.
8. Further, I take note that no live application for setting aside or refusal for recognition or enforcement of the further award is pending before the court at present, save for the grounds of opposition, which I have addressed.
9. Having found that the above criteria have been met, I am satisfied that the Application is with merit. Accordingly, the further Award published on 3rd April, 2025 is hereby recognized and enforced as a decree of the court.
10. The file is marked as closed.
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1. The application dated 12 September, 2025 has been considered together with the supporting affidavit and the grounds of opposition.
2. The Application seeks to adopt a further award on costs published by the Arbitrator. The same is opposed on what appears to be a rather shaky argument that a court may not recognize a further award, once a final award has been recognized and enforced.
3. A reading of the Arbitration Act shows that a “further award” may be published by an arbitrator pursuant to Section 34(4) of the Arbitration Act, which allows the tribunal, upon request, to make an additional award on matters, including costs, that were omitted from the final award.
4. Once such a further award is made, it carries the same legal force and effect as the principal award, and may be adopted by the court and duly recognized and enforced.
5. Thus, contrary to the grounds of opposition put forward, the Arbitration Act gives the High Court express power to adopt or enforces a further award on costs under Section 36, read together with Section 34(4).
6. Having found the above, I move to consider the criteria under section 36 of the Act in respect of the further award: The same reads 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.
7. Because this court already found that the above criteria had been met when it adopted the final award, the only further verification required is to ensure that the further award, published on 3rd April 2025 is present in either original form, or that a duly certified true copy of the original has been provided. The same is available on the court record.
8. Further, I take note that no live application for setting aside or refusal for recognition or enforcement of the further award is pending before the court at present, save for the grounds of opposition, which I have addressed.
9. Having found that the above criteria have been met, I am satisfied that the Application is with merit. Accordingly, the further Award published on 3rd April, 2025 is hereby recognized and enforced as a decree of the court.
10. The file is marked as closed.
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