KENYA SUGAR RESEARCH FOUNDATION VS KENCHUAN ARCHITECTS LIMITED

RATIONALE

The Judge was of the view that the Applicant had to show that the award was made contrary to justice and morality, inimical to the national interest of Kenya and inconsistent with the Constitution or other laws whether written or unwritten. To the court’s mind, the Applicant failed to satisfy all three of the above principles in its present Application.

CASE RELEVANCE

• It is essential to look at the agreement/contract in order to determine the scope and terms of the reference to an Arbitral Tribunal. The Arbitral Tribunal should confine itself to the terms of the agreement when determining issues that are before it pursuant to Section 29(5) of the Arbitration Act.
• A party cannot ground an application to set aside an award of an Arbitral Tribunal outside the provisions of Section 35 of the Arbitration Act. The court does not have jurisdiction to intervene in any matter not specifically provided for in the Arbitration Act which includes applications purporting to stay an award.

The court will not interfere with an arbitral award unless some real injustice or substantial diversion from the law can be proved.