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…Analysis (i) Limitation as a Jurisdictional/Public Policy Issue 9. The SPA was terminated on 4th May 2017.…

…(iii) Public Policy 15. Public policy under Section 35(2)(b)(ii) includes compliance with mandatory statutory provisions , such as limitation periods. 16. The award granted relief on a claim extinguished by law.…

…policy.…

…(ii) the award is in conflict with the public policy of Kenya. 10.…

…Ltd [2002] 2 E.A 366 where Ringera J., discussed public policy as a ground for setting aside award and held as follows: Public policy is a broad concept incapable of precise definition.…

…An applicant challenging an award on the basis of public policy must identify the public policy breached and then demonstrate which part of the award conflicts with that public policy.…

…a violation of Kenyan public policy. 10.…

…The public policy ground under Section 35(2)(b)(ii) of the Act, upon which this limb of the application is anchored, permits a court to set aside an award only where it is found to be in conflict with the public policy of…

…The Respondent has taken up the issue of public policy as the ground under which they seek exclusion of the award.…

…A party seeking to challenge an award on this ground must identify the public policy which the award allegedly breaches and show which part of the award conflicts with that public policy.…

…The Applicant noted that while the interim report on Public Policy as a Bar to Enforcement of International Arbitral Awards recognised that “it is notoriously difficult to provide a precise definition of public policy “ (…

…Ltd [2002] 2 E.A 366 where it was stated that;- “Public policy is a broad concept incapable of precise definition.…

…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.…

…of Kenyan public policy.…

…These matters fall squarely within the province of the arbitral tribunal and cannot be reopened by this Court under the guise of public policy.…

…of Kenyan public policy.…

…These matters fall squarely within the province of the arbitral tribunal and cannot be reopened by this Court under the guise of public policy.…

…a violation of Kenyan public policy. 10.…

…The public policy ground under Section 35(2)(b)(ii) of the Act, upon which this limb of the application is anchored, permits a court to set aside an award only where it is found to be in conflict with the public policy of…

…Ltd [supra] on public policy. Analysis and Determination 21. Section 37 of the Arbitration Act provides: - “37.…

…Public policy 26. The respondent contended that the recognition or enforcement of the arbitral award would be contrary to the public policy of Kenya. 27.…

…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.…

…No. 26 of 2013 [2014] eKLR the court observed that: Public policy must have a connotation of national interest.…

…An applicant challenging an award on grounds of public policy must identify the public policy which the award allegedly breaches and then demonstrate which part of the award conflicts with that public policy.…

…The Applicant contended that the award offends public policy.…

…Ltd [2002] 2 E.A 366, the Court of Appeal stated as follows regarding public policy: Public policy is a broad concept incapable of precise definition.…

…The applicant particularly argues that the award is against public policy. The term ‘public policy’ is a very broad concept, as enunciated in Christ for All Nations v Apollo Insurance Co. Ltd [2002] 2 E.A 366.…

…No. 26 of 2013 [2014] eKLR where the court observed that: “Public policy must have a connotation of national interest.…

…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…

…I wish to begin with the main ground raised by the Applicant that the award was contrary to public policy. The issue of public policy was extensively discussed in the case of Christ for All Nations vs.…

…The respondent further argues that the award was delivered after an inordinate delay and is therefore contrary to public policy.…

…Public policy is one of the recognized grounds upon which an arbitral award may be declined enforcement.…

…The application is supported by the affidavit of Roderick Dominique Levitton and is premised on the contention that the arbitral award is contrary to public policy.…

…Section 35 (2) (b) (ii) of the Arbitration Act provides that an arbitral award may be set aside if the High Court finds that the award conflicts with the public policy of Kenya.…

…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…

…Kairu Mbuthia, is whether the Award, in whole or in part, is contrary to public policy.…