Geothermal Development Co. Limited v Lantech (africa) Limited
The bottom line
#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
#Executive summary
#Key legal issues
#Supreme Court jurisdiction over intended appeals from Court of Appeal judgments in section 35 Arbitration Act matters
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.
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.
Consideration of the proposed questions of general public importance
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.
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.
Legal principles established
#- 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
#- 1.Application for certification dismissed
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.