Thika Coffee Mills v Rwama Farmers Co-operative Society Limited [2020] KECA 710 (KLR)

Facts

The High Court dismissed an application by Thika Coffee Mills to set aside an arbitral award made against it. The respondent, Rwama Farmers Co-operative Society Limited, was awarded Ksh5,422,160.25. The applicant appealed the High Court's decision to the Court of Appeal, which dismissed the appeal.

Issues

1. Whether the applicant had the right to appeal the High Court's ruling under Section 35 of the Arbitration Act.
2. Whether the issue of refund of Kshs.7,500,000/- and Kshs.1,623,245/65 was beyond the terms of the reference and constituted unjust enrichment contrary to public policy.
3. Whether the applicant was denied a fair hearing by the arbitrator contrary to Article 50 of the Constitution.

Reasoning

The Court found that the High Court had jurisdiction to hear the appeal under Section 35 of the Arbitration Act and that the issues raised were not beyond the terms of the reference. The Court also noted that the applicant was not denied a fair hearing.

Outcome

Appeal dismissed

Authorities cited