Case law
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Division and case type: High Court Commercial and TaxCommercial Arbitration
…On the meaning of “public policy,” Ringera J. (as he then was) stated in Christ for All Nations v Apollo Insurance Co.…
…An assertion that an award is contrary to the public policy of Kenya cannot be vague and generalized.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…It contended that the arbitrator acted in excess of jurisdiction, contrary to law and public policy, and in breach of the right to a fair hearing. 3.…
…He further stated that disregarding established precedent undermined public policy and the integrity of arbitration. 22.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…Whether the Arbitrator’s award of compound interest conflicts with the public policy of Kenya. 24. The other ground for impugning the Award is on the ground that it violates the public policy of Kenya.…
…No. 26 of 2013 [2014] eKLR also stated as follows concerning public policy as applied within the realm of Section 35 of the Arbitration Act:- “Public policy must have a connotation of national interest.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…In light of the public policy of Kenya, which loudly pronounces the intention of giving finality to arbitral awards, it would actually be against the said public policy to have the Court sit on appeal over the decision of…
…Whether the Award is in conflict with the public policy of Kenya 47.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…Ltd [2002] 2 EA 366 and submitted that public policy is violated where an award is contrary to justice or morality.…
…policy.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…It was further the Applicant’s contention that the award conflicts with public policy of Kenya insofar as it imposed liabilities not contractually agreed. 10.…
…Regarding the Applicant’s argument that the award was against the public policy of Kenya, it is trite that the public policy ground must be construed narrowly and cautiously. 27.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The award allegedly violated public policy. 7. After full ventilation of submissions, this Court (Hon. Lady Justice D.…
…policy or fairness is threatened.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…This, the Applicant asserted, went against public policy. 15.…
…The instant application is principally based on the ground that the award was in conflict with public policy.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Applicant further contended that the Agreement is unconstitutional, illegal and contrary to public policy. 3.…
…It submits that matters touching on fraud, forgery, illegality, and public policy survive the issuance of an arbitral award. 13.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Applicant further contended that the Agreement is unconstitutional, illegal and contrary to public policy. 3.…
…It submits that matters touching on fraud, forgery, illegality, and public policy survive the issuance of an arbitral award. 13.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…A decision that disregards the intention of the parties as set out in their contractual documents would amount to being contrary to public policy. 19.…
…(ii) the award is in conflict with the public policy of Kenya. 30.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…the Respondent’s case that the orders sought by the Applicant are not grantable since charging interest against a public body for a delay caused by legal processes constitutes "unjust enrichment" and therefore contravenes public…
…policy, which is a ground for setting aside an arbitral award. 8.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…the High Court finds that— (i) the subject matter of the dispute is not capable of settlement by arbitration under the law of Kenya; or (ii) the recognition or enforcement of the arbitral award would be contrary to the public…
…policy of Kenya.’’ 12.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…In light of the public policy of Kenya, which loudly pronounces the intention of giving finality to arbitral awards, it would actually be against the said public policy to have the Court sit on appeal over the decision of…
…policy of Kenya.” 30.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…No allegation has been substantiated to suggest that enforcement of the awards would be contrary to the public policy of Kenya within the meaning of Section 37(1)(b)(ii).…
…Ltd [2002] EA 366, public policy is not invoked merely because a party is dissatisfied with the outcome of arbitration. 18.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…notice or inability to present one’s case; excess of jurisdiction; irregular composition or procedure; the award not being binding or being set aside/suspended; or fraud, bribery, corruption, or undue influence; as well as public…
…policy concerns. 13.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…the High Court finds that— (i) the subject matter of the dispute is not capable of settlement by arbitration under the law of Kenya; or (ii) the recognition or enforcement of the arbitral award would be contrary to the public…
…policy of Kenya.’’ 13.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…the High Court finds that— (i) the subject matter of the dispute is not capable of settlement by arbitration under the law of Kenya; or (ii) the recognition or enforcement of the arbitral award would be contrary to the public…
…policy of Kenya.’’ 16.…
Division and case type: High Court Commercial and TaxCommercial Matters
…policy and therefore unenforceable. 5.…
…The Court of Appeal in Dhiman v Shah (Civil Appeal E380 of 2023) [2025] KECA 1264 (KLR) dealt with a similar issue and held as follows: - “But was the Agreement in violation of public policy for violating section 3(1) of…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…Ltd [2002] EA 366, Ringera J. observed that Kenyan public policy leans strongly in favour of the finality of arbitral awards and that parties who choose arbitration must ordinarily accept the resulting award subject only…
…incapacity; the arbitration agreement was invalid; proper notice was not given; the award dealt with matters beyond the reference; the composition of the tribunal was improper; or, where enforcement would be contrary to public…