Case law
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Division and case type: High Court CivilCommercial Miscellaneous
…Grounds for refusal of recognition or enforcement (1) The recognition or enforcement of an arbitral award, irrespective of the state in which it was made, may be refused only— (a) at the request of the party against whom…
…In my view, the role of this court, under Section 36 of the Act is strictly to enforce or refuse enforcement based on the statutory grounds under Section 37 of the same statute.…
Division and case type: High Court CivilCommercial Arbitration
…Compliance with the statutory requirements for recognition and enforcement. 14.…
…Whether there exists any impediment to recognition and enforcement. 21.…
Division and case type: High Court CivilCommercial Arbitration
…THAT pending the hearing and determination of this application, this court be pleased to stay any recognition and/or enforcement of the arbitral award dated 17th April, 2023. 2.…
…THAT this Honourable Court be pleased to grant leave to the Applicant to enforce the final arbitral award dated 17th April, 2023 issued by Mr.…
Division and case type: High Court CivilCommercial Arbitration
…THAT the Honourable Court be pleased to issue an order recognizing and enforcing the arbitral award issued on the 23rd day of January, 2025 by Hon.…
…The court stated that: “It would be imprudent for the High Court to recognize and enforce an award that is under challenge.” 40.…
Division and case type: High Court CivilCivil Appeal
…, and proof of performance where enforcement was sought. 31.…
…Consequently, the Appellant failed to establish an enforceable contractual claim capable of attracting judicial enforcement. 41.…
Division and case type: High Court CivilCommercial Arbitration
…THAT the Honourable Court be pleased to issue an order recognizing and enforcing the arbitral award issued on the 23rd day of January, 2025 by Hon.…
…The court stated that: “It would be imprudent for the High Court to recognize and enforce an award that is under challenge.” 40.…
Division and case type: High Court CivilCivil Appeal
…D and E: They are in the following terms: - “(1) That pending the hearing and determination of this appeal, this Honourable Court be pleased to issue an order of stay of execution and/or enforcement of the warrants of arrest…
…The prayer seeks the stay of the enforcement of the warrants issued against him on 22/10/2025 pending appeal.…
Division and case type: High Court CivilCivil Appeal
…The Appellant sought to invoke and enforce the entire guaranteed sum of Ksh.10,000,000/-. 9.…
…The Appellant sought to invoke and enforce the entire guaranteed amount of Ksh.10,000,000/-. 35.…
Division and case type: High Court CivilCommercial Arbitration
…and did not offend public policy, and that the balance of the award remained intact and enforceable.…
…The Applicant contends that the effect of the judgement was to crystallize the enforceable obligation between the parties.…
Division and case type: High Court CivilCivil Appeal
…In that case, the Court of Appeal stated: “Where a party has voluntarily entered into a consent judgment, the Court will enforce the terms agreed upon.…
…She maintains that the decree arose from a contractual obligation, enforceable by the lower court and that the Applicant’s jurisdictional objection is merely an afterthought intended to delay enforcement. 41.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Article 165 (3) (b) and 5 (b) of the the Constitution demarcates the High Court's jurisdiction on enforcement of the Bill of Rights and excludes the jurisdiction inrespect of matters falling within the jurisdiction of the…
…The object of the examination is to discover the true subject matter of the court proceedings to identify it either as a land matter or a constitutional matter for the enforcement of the Bill of Rights.…
Division and case type: High Court CivilCommercial Arbitration
…Courts have generally held that applications for recognition and enforcement and applications to set aside should be considered together or that the setting aside application should be determined first.…
…The court stated that: “It would be imprudent for the High Court to recognize and enforce an award that is under challenge.” 40.…
Division and case type: High Court CivilCivil Appeal
…The subordinate court lacked the jurisdiction to enforce any order or decree of the High Court. iii.…
…The judgement sought to be enforced was delivered on the 5th October 2004 and although a bill of costs was filed, it was withdrawn the same day of filing.…
Division and case type: High Court CivilCivil Appeal
…They stated that at that point the outstanding debt stood at Kshs. 1,698,592.60/= comprising the principal amount, accrued interest, and enforcement costs.…
…Sections 65, 66, 67 and 73 of the Movable Property Security Rights Act set out mandatory procedures governing enforcement of security rights.…
Division and case type: High Court CivilJudicial Review
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right;…
…Section 21 of the Government Proceedings Act in this regard provides as follows regarding the requirements to be met in the enforcement of orders as against Government organs in civil proceedings: “(1) Where in any civil…
Division and case type: High Court FamilyFamily Originating Summons
…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right;…
…Section 21 of the Government Proceedings Act in this regard provides as follows regarding the requirements to be met in the enforcement of orders as against Government organs in civil proceedings: “(1) Where in any civil…
Division and case type: High Court CivilCommercial Arbitration
…THAT this Honourable Court be pleased to grant leave to the Applicant to enforce the final arbitral award dated 17th April, 2023 issued by Mr.…
…THAT this Honourable Court be pleased to grant any other order it deems fit and just to achieve the enforcement of the Final arbitral award dated 17th April, 2023. 4.…
Division and case type: High Court CivilJudicial Review
…for government revenue, and that challenges in revenue collection have necessitated strict enforcement of tax obligations under various statutes including EACCMA, the Excise Duty Act, the Value Added Tax Act, the Income…
…The ex parte Applicant further submits that the Respondent’s actions are contrary to a decision of this Court delivered on 15th April 2024 by Mongare J in Commissioner of Investigations & Enforcement v Libya Oil Kenya Ltd…
Division and case type: High Court CivilCivil Appeal
…The deponent further deposes that the trial court granted a 14-day stay of execution and enforcement of its ruling of 8th June, 2026, thereby necessitating the present application.…
…Whether the Appellants have satisfied the requirements for the grant of an order of stay of execution and enforcement of the ruling delivered on 8th June, 2026 in Kisumu CMCC No.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Advocates Remuneration Order, it would be absurd to hold that the rate could be changed at the discretion of the High Court if the client failed to settle the amounts claimed necessitating the appellant to lodge section 51(2) enforcement…
…The advocate cannot wait to introduce the interest during enforcement proceedings under section 51(2) of the Advocates Act.…