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Court of AppealDismissedCivil Application (certification) arising from Civil Appeal No. E637 of 2024· [2026] KECA 1216 (KLR)

Geothermal Development Co. Limited v Lantech (africa) Limited

Court of Appeal
26 June 2026
2,620 words in judgment
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The bottom line

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The Court of Appeal ruled that Kenya's Supreme Court cannot hear arbitration appeals like this one, ending Geothermal's bid and confirming arbitration disputes end at the Court of Appeal.

What this practically means

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Executive summary

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Geothermal Development Company Limited applied to the Court of Appeal for certification of an intended appeal to the Supreme Court under Article 163(4)(b) of the Constitution, contending that its appeal raised matters of general public importance concerning the interpretation of sections 32(5), 35(3), 36 and 37 of the Arbitration Act - in particular the meaning of 'received' and 'delivered' for the three-month limitation period, the effect of a section 34 correction on the running of time, and whether dismissal of a section 35 setting-aside application automatically entitles enforcement under section 36 without independent scrutiny under section 37. The intended appeal flowed from the Court of Appeal's judgment of 28th November 2025 in Civil Appeal No. E637 of 2024, which dismissed Geothermal's appeal and upheld the High Court's striking out of its time-barred section 35 application and recognition of the corrected arbitral award. Lantech opposed, arguing no further appeal lies in arbitration matters following the Supreme Court's Cape Holdings ruling, and that the questions were neither novel nor of general public importance. The Court of Appeal (Musinga, Lilan and Okello, JJ.A.) held that the application was in all fours with Cape Holdings v Synergy Industrial Credit, in which the Supreme Court declared that where the Court of Appeal assumes jurisdiction in conformity with Nyutu and Synergy and delivers a consequential judgment, no further appeal ordinarily lies to the Supreme Court. Bound by that decision, the Court dismissed the certification application with costs to the respondent without reaching the proposed questions, which it found superfluous to consider.

Key legal issues

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01

Supreme Court jurisdiction over intended appeals from Court of Appeal judgments in section 35 Arbitration Act matters

Holding

The application for certification fails at the threshold: the Supreme Court lacks jurisdiction to entertain the intended appeal from the Court of Appeal's judgment in an arbitration dispute emanating from a section 35 Arbitration Act judgment of the High Court.

Reasoning

The Court of Appeal applied the Supreme Court's ruling in Cape Holdings v Synergy Industrial Credit, which reiterated the Geochem Middle East declaration that expedition in arbitration matters forecloses further appeals to the Supreme Court where the Court of Appeal has properly assumed jurisdiction under Nyutu and Synergy and delivered a consequential judgment. That decision binds this Court, and the present application is indistinguishable from it. Having reached that conclusion, the Court found it superfluous to consider the proposed questions of general public importance.

p. 5
02

Consideration of the proposed questions of general public importance

Holding

Because jurisdiction fails, the Court declined to consider whether the three proposed questions raised matters of general public importance, expressing only that they would have merited settlement by the Supreme Court if jurisdiction existed.

Reasoning

The Court held that once the jurisdictional bar was established on binding Supreme Court authority, the remaining questions - the meaning of 'received' in section 35(3), the effect of a section 34 correction on the limitation period, and the interplay of sections 36 and 37 - were moot in this application and need not be addressed.

p. 5

Legal principles established

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  • Where the Court of Appeal has assumed jurisdiction over an arbitration appeal in conformity with Nyutu and Synergy and delivered a consequential judgment, no further appeal ordinarily lies to the Supreme Court, which lacks jurisdiction to entertain such an appeal
  • The Court of Appeal is bound by a Supreme Court declaration on jurisdiction and cannot hold otherwise on the certification of such appeals

Court orders

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  1. 1.Application for certification dismissed
  2. 2.Costs of the application awarded to the respondent
On appeal from
Court of Appeal (prior bench: W. Karanja, M'Inoti & Achode, JJ.A.)
Civil Appeal No. E637 of 2024
Jurisdiction invoked
Article 163(4)(b) of the Constitution - certification of an intended appeal to the Supreme Court as one raising matters of general public importance

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Geothermal Development Co. Limited v Lantech (africa) Limited", Case Analysis (2026). Civil Application (certification) arising from Civil Appeal No. E637 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1216/eng@2026-06-26

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