The Judge adopted a strict and narrow interpretation of the Arbitration Act considering the principle of finality of Arbitral Awards. He was of the view that timelines prescribed by the Act ought to be strictly adhered to and any ground for setting aside an award ought to be strictly proved.
- Section 35(3) of the Act provides that an Application for setting aside an arbitral award may NOT be made after 3 months have elapsed from the date on which the party making that Application had received the award.
- Public policy, as a ground for setting aside an arbitral award, must be narrow in scope and an assertion that an award is contrary to the public policy in Kenya cannot be vague and generalized. A party seeking to challenge an award on this ground must identify the public policy which the award allegedly breaches and then must show which part of the award conflicts with that public policy.
7- SUMMARY-DINESH CONSTRUCTION LIMITED & ANOTHER VS AIRCON ELECTRA SERVICES (NAIROBI) LIMITED  eKLR
7- RULING- DINESH CONSTRUCTION LIMITED & ANOTHER VS AIRCON ELECTRA SERVICES (NAIROBI) LIMITED