Court Convicts Man for Falsely Presenting Himself as an Arbitrator

Background

The Chartered Institute of Arbitrators (Ciarb) Kenya Branch notes the judgment of the Senior Principal Magistrate’s Court at Kimilili in Republic v Emmanuel Wafula Ouna, Criminal Case No. E762 of 2023, delivered on 12 October 2026. The accused was charged with personating with intent to defraud under section 382 of the Penal Code, for falsely representing himself as a member of the Institute. The Institute’s Acting CEO testified for the prosecution.

The Court’s Findings

The Court found that the accused presented himself as an arbitrator, accepted a brief to conduct arbitration under the Arbitration Act, and received Ksh. 10,000 in fees from the complainant, who testified that he never received an award. The accused’s only credential was a certificate of attendance at an entry course in arbitration, which the Court found grossly insufficient. The Institute confirmed that he is not a member.

The Court held that all the ingredients of the offence were proved beyond reasonable doubt and convicted him. It also observed that arbitration cannot begin simply because someone walks into an office and gives instructions. It requires an arbitration agreement under section 4 of the Arbitration Act, or a court reference, under which an arbitrator is agreed upon or appointed.

Sentence

On 26 October 2026, the Court fined the accused Ksh. 100,000 or, in default, three years’ imprisonment, citing the need for a deterrent sentence.

Guidance to the Public

Before engaging anyone who presents as an arbitrator:

1. Ask for proof of qualifications, and verify any claimed Institute membership directly with the Institute.
2. Confirm that a valid arbitration agreement or court reference exists.
3. Insist on written terms on fees, and get a receipt for every payment.

Treat with caution anyone who demands payment without meeting these requirements.

The Institute’s Position

The Institute is committed to protecting the integrity of arbitration and the public that relies on it, and will pursue persons who falsely hold themselves out as members or as qualified arbitrators. To report such conduct or verify membership, contact info@ciarbkenya.org or +254 722 200496 / +254 734 652205.