Merdin & 2 others v Mbaya & 2 others (Civil Application E638 of 2025) [2026] KECA 207 (KLR) (6 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 207
- Citation
- [2026] KECA 207 (KLR)
- Decided
- 6 February 2026
The applicants' application to set aside the award was not timely, and the respondents' failure to pay fees did not delay the delivery of the award.
Facts
The applicants and respondents were involved in arbitration proceedings. The respondents paid their share of fees and the award was collected, but the applicants moved the High Court to set aside the award due to certain findings.
Issues
- Whether the applicants' application to set aside the award was timely
- Whether the respondents' failure to pay fees delayed the delivery of the award
Reasoning
The court held that 'received' for purposes of the Arbitration Act means notification by the Arbitrator that the award is ready for collection. The applicants' argument that a party should not benefit from their own wrong has moral force, but the statutory limitation period is a strict procedural requirement.
Outcome
The applicants' application to set aside the award was dismissed, and the respondents' application for stay of execution was granted.
Orders
- Intended appeal to be filed and served within 60 days
- Stay of execution and enforcement of the award pending the hearing and determination of the intended appeal
- Applicants to furnish a bank guarantee for the decretal sum within 60 days
Remedies
- Stay of execution and enforcement of the award
Authorities cited
Legislation (2)
- Arbitration Act
- High Court of Kenya
Cases cited (3)
- Pavanputra Enterprises Limited v Green Dairy (K) Limited
- Kenya Hotel Properties Limited v Willesden Investments Limited
- Oraro & Rachier Advocates vs. Co-operative Bank of Kenya Ltd.
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