The court reached its decision based on a narrow and strict interpretation of the grounds for refusal of the recognition and enforcement of the arbitral awards in that any of the grounds relied upon would have to be strictly proved and established.
- The recognition and enforcement of arbitral awards is provided under Sections 36 and 37 of the Arbitration Act, Cap 49 Laws of Kenya. Section 36(3) requires that the party applying for the enforcement of the award to furnish the original arbitral award and the original arbitration agreement or duly certified copies of the same.
- The provisions of Section 36(3) of the Arbitration Act do not specify who is to certify the award.
- Section 37 of the Act provides the grounds upon which the Court may refuse to recognize an arbitral award. The court may refuse to recognize the award at the request of the party against whom the award is made if the party proves that: a party to the agreement was under some incapacity; the arbitration agreement is not valid under the applicable law; the proper notice of the appointment of an arbitrator or of the arbitral proceedings was not given to the party or that no party was otherwise unable to present his case; that the award does not fall within the terms of the reference of the arbitration; the composition of the arbitral tribunal was not in accordance with the arbitration agreement; that the arbitral award has not yet become binding or has been set aside; that the making of the award was induced or affected by fraud, bribery, corruption or undue influence.
SUMMARY- KAY CONSTRUCTION COMPANY LIMITED VS ATTORNEY GENERAL
RULING- KAY CONSTRUCTION COMPANY LIMITED VS ATTORNEY GENERAL