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Case Brief · caselaw.co.ke
Supreme CourtDismissedApplication E036 of 2025

Cape Holdings Limited v Synergy Industrial Credit Limited

Supreme Court of Kenya
24 March 2026
2,437 words in judgment
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AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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Supreme Court cannot hear appeals from arbitration disputes under Section 35 of the Arbitration Act.

What this practically means

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The Supreme Court of Kenya has ruled that it has no power to hear appeals from the Court of Appeal in cases arising under Section 35 of the Arbitration Act. This means that once the Court of Appeal decides an arbitration-related appeal, that decision is final. The Court also said you cannot ask for a review and an appeal at the same time, and you cannot re-open a matter that has already been decided.

Executive summary

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This was an application by Vinaychandra Sanghrajka seeking review of the Court of Appeal's ruling of November 21, 2025, which had declined to certify an appeal to the Supreme Court as raising matters of general public importance. The application arose from a long-running arbitration dispute concerning the sale of an office block known as 14 Riverside. The arbitrator had awarded Kshs. 1,666,118,183.00 plus compound interest to the respondent. The High Court set aside the award, but the Court of Appeal reversed that decision. The applicant had previously sought certification to appeal to the Supreme Court, which was denied by the Court of Appeal and subsequently by the Supreme Court in SC Application No. E007 of 2021. The Supreme Court dismissed the present application on three grounds. First, relying on Geo Chem Middle East v Kenya Bureau of Standards, the court held that it lacks jurisdiction to entertain appeals from Court of Appeal decisions arising under section 35 of the Arbitration Act. Second, the court found that the applicant had improperly sought both review and appeal of the same decision, contrary to the principle of finality of litigation as established in University of Eldoret v Sitienei. Third, the application was res judicata, as the Supreme Court had already determined the issue of certification in SC Application No. E007 of 2021. The court upheld the Court of Appeal ruling and ordered the applicant to bear costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether this court has jurisdiction to entertain an appeal challenging a decision of the Court of Appeal where the appellate court assumed jurisdiction to determine an appeal emanating from section 35 of the Arbitration Act.
  2. 2.Whether the application is res judicata in light of the Supreme Court's earlier determination in SC Application No. E007 of 2021.
  3. 3.Whether the applicant had elected both review and appeal, thereby defeating the principle of finality of litigation.

Key legal issues

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01

Whether the Supreme Court has jurisdiction to hear an appeal from the Court of Appeal in a matter arising from section 35 of the Arbitration Act.

Holding

The Supreme Court lacks jurisdiction to entertain such an appeal.

Reasoning

The court relied on its earlier decision in Geo Chem Middle East v Kenya Bureau of Standards, which declared that where the Court of Appeal assumes jurisdiction under the Nyutu and Synergy principles and delivers a consequential judgment, no further appeal should ordinarily lie to the Supreme Court. This is in conformity with the principle of expedition in arbitration matters.

02

Whether the application for review of certification is res judicata.

Holding

The application is res judicata.

Reasoning

The applicant had previously filed Supreme Court Application No. E007 of 2021 seeking review of certification to appeal against the same Court of Appeal judgment of November 6, 2020. This court pronounced itself with finality on October 8, 2021, dismissing that application. The present application seeks to relitigate the same matter and is therefore barred by res judicata.

03

Whether a party can simultaneously pursue both review and appeal of the same decision.

Holding

A party cannot seek both review and appeal; they must elect one avenue.

Reasoning

The court cited its decision in University of Eldoret & another v Sitienei & 3 others, holding that seeking both review and appeal defeats the essence of the principle of finality of litigation. The applicant had sought review of the Court of Appeal judgment of November 6, 2020, and also attempted to appeal against it, which is impermissible.

Legal principles established

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  • The Supreme Court lacks jurisdiction to hear appeals from Court of Appeal decisions under Section 35 of the Arbitration Act.
  • A party cannot simultaneously pursue both a review and an appeal of the same court decision.
  • An application is barred by res judicata if the same issue was already finally decided by the Supreme Court.
  • The principle of finality in litigation requires parties to choose one legal remedy, not both.
  • Where the Court of Appeal properly assumes jurisdiction in arbitration matters, no further appeal lies to the Supreme Court.

Court orders

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  1. 1.The motion dated December 1, 2025 and filed on December 3, 2025 is hereby dismissed.
  2. 2.The Ruling of the Court of Appeal delivered on November 21, 2025, denying certification and leave to appeal to this court, is hereby upheld.
  3. 3.The applicant shall bear the costs of the application.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Martha Karambu Koome
M. K. KoomeCJ
Currently serving
majority

Wrote the judgment

Philomena Mbete Mwilu
P. M. MwiluDCJ
Currently serving
majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
William Ouko
W. OukoSCJ
Currently serving
majority
On appeal from
Court of Appeal of Kenya
Civil Appeal (Application) No. Sup. E004 of 2024
Jurisdiction invoked
Article 163(4)(b) & (5) of the Constitution

Relief refused

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Review of the Court of Appeal ruling of November 21, 2025 declining certification

This court lacks jurisdiction to entertain an appeal challenging a decision of the Court of Appeal where the appellate court assumed jurisdiction to determine an appeal emanating from section 35 of the Arbitration Act.

Certification that the intended appeal raises matters of general public importance

The application is res judicata and the court lacks jurisdiction.

Costs

The applicant shall bear the costs of the application.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

this court lacks jurisdiction to entertain an appeal challenging a decision of the Court of Appeal, where the appellate court assumed jurisdiction to determine an appeal emanating from section 35 of the Arbitration Act
p. 6 Jurisdiction of the Supreme Court in arbitration appeals
a party must only elect one avenue, either to seek a review or lodge an appeal, they cannot seek both as this defeats the essence of the principle of finality of litigation
p. 6 Finality of litigation and election of remedies
this application is res judicata and cannot be relitigated
p. 6 Res judicata
The motion dated December 1, 2025 and filed on December 3, 2025 is hereby dismissed.
p. 6 Final orders
The Ruling of the Court of Appeal delivered on November 21, 2025, denying certification and leave to appeal to this court, is hereby upheld.
p. 6 Final orders
The applicant shall bear the costs of the application.
p. 6 Costs order

Key timeline

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2020-11-06
Court of Appeal delivered judgment in the arbitration dispute.
2021-10-08
Supreme Court dismissed Application No. E007 of 2021 seeking review of certification to appeal.
2025-11-21
Court of Appeal declined to certify an appeal to the Supreme Court.
2025-12-01
Applicant filed motion for review of the Court of Appeal's ruling.
2025-12-03
Supreme Court dismissed the application, upholding the Court of Appeal ruling.

Practical implications

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For lawyers

No further appeal in arbitration cases

When handling arbitration disputes under Section 35 of the Arbitration Act, advise clients that the Court of Appeal's decision is final. Do not file a notice of appeal to the Supreme Court, as it will be struck out for lack of jurisdiction. Instead, focus on ensuring all arguments are fully presented at the Court of Appeal stage.

For businesses

Arbitration awards are now more final

Businesses involved in arbitration can expect quicker resolution. Once the Court of Appeal rules on an arbitration matter, the Supreme Court will not hear a further appeal. This reduces the risk of prolonged litigation. Ensure your arbitration agreements and strategies account for this limited appeal route.

For individuals

Limited options after arbitration appeal

If you are a party to an arbitration dispute, know that the Court of Appeal is the last stop. You cannot take the case to the Supreme Court. Also, you cannot ask the same court to review its decision while also appealing it. Choose one remedy and act quickly, as the decision becomes final.

Frequently asked questions

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Can I appeal an arbitration decision to the Supreme Court of Kenya?+

No, the Supreme Court has ruled it lacks jurisdiction to hear appeals from the Court of Appeal in cases under Section 35 of the Arbitration Act. The Court of Appeal's decision is final.

What does res judicata mean in Kenya court cases?+

Res judicata means a matter that has already been decided by a court cannot be re-litigated. In this case, the Supreme Court had already ruled on the same issue, so the new application was dismissed.

Can I file both a review and an appeal for the same court decision in Kenya?+

No. The Supreme Court held that you must choose either a review or an appeal, not both. Doing both defeats the principle of finality of litigation.

What is the effect of the Vinaychandra Sanghrajka v 14 Riverside Limited case on arbitration in Kenya?+

It confirms that arbitration disputes under Section 35 of the Arbitration Act end at the Court of Appeal. The Supreme Court will not hear further appeals, making arbitration awards more final and reducing litigation time.

Later judgments citing this (3)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Cape Holdings Limited v Synergy Industrial Credit Limited", Case Analysis (2026). Application E036 of 2025. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2026/26/eng@2026-03-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.