Kay Construction Company Limited v Kenya Rural Toads Authority [2020] KEHC 7646 (KLR)
- Court
- High Court of Kenya
- Case number
- 7646
- Citation
- [2020] KEHC 7646 (KLR)
- Decided
- 4 March 2020
The Court found no evidence of lack of fair hearing and any unfairness in treatment. The Application to enforce the Arbitral award is upheld, and the Application to set aside the arbitral award is dismissed with costs.
Facts
The Respondent filed an application to set aside the Arbitral Award dated 27th November 2018, while the Applicant sought enforcement of the same award. Both applications related to the same Arbitral Award.
Issues
- Is there a competent application to set aside the Final Award?
- Whether the award is enforceable?
- Whether the Respondent is entitled to set aside the Arbitral award by virtue of Section 35 of Arbitration Act?
Reasoning
The Court determined that the Respondent was not entitled to set aside the Arbitral award as the award was not in conflict with the public policy of Kenya and the subject matter of the dispute was capable of settlement by arbitration under the law of Kenya.
Outcome
Application to enforce the Arbitral award is upheld, and Application to set aside the arbitral award is dismissed with costs.
Orders
- Application to enforce the Arbitral award is upheld.
- Application to set aside the arbitral award is dismissed with costs.
Authorities cited
Legislation (3)
- Arbitration Act, No. 4 of 1995
- Section 35 of Arbitration Act 1995
- Section 37 of Arbitration Act 1995
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