Centurion Engineers & Builders Ltd v Kenya Bureau of Standards (Civil Appeal (Application) E398 of 2021) [2026] KECA 1324 (KLR)
The bottom line
#Kenya's Court of Appeal has cleared the way for KEBS to take a major arbitration and public procurement dispute to the Supreme Court.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether an appeal lies to the Supreme Court from the Court of Appeal on matters arising from arbitration proceedings
- 2.Whether the matters the applicant intends to raise at the Supreme Court involve matters of general public importance warranting certification under Article 163(4)(b) of the Constitution
Key legal issues
#Whether an appeal lies to the Supreme Court from the Court of Appeal in matters arising from arbitration proceedings
The Court declined to dismiss the certification application for want of jurisdiction, holding that the Supreme Court in Nyutu Agrovet and Geochem left open a restricted appellate avenue in exceptional circumstances.
The Court relied on Nyutu Agrovet, where the Supreme Court held that although appellate intervention in arbitration matters is circumscribed, in exceptional circumstances the Court of Appeal has residual jurisdiction to enquire into unfair determinations, and on Geochem Middle East, which reiterated that arbitration disputes should not follow the usual appeal mechanism to the very end. Reading the two together, the Court concluded the appellate door was not completely locked but restricted to legitimate claims falling within exceptional circumstances. It expressly refrained from determining the appellate jurisdiction of the Supreme Court in arbitral proceedings and declined to dismiss the application on the ground of want of jurisdiction.
Whether the intended appeal raises matters of general public importance warranting certification
Yes. The issues the applicant intends to urge raise substantial points of law with significant bearing on the public interest and a state of uncertainty in the law, satisfying the Hermanus Phillipus Steyn test.
Applying the Steyn parameters, the Court found that the questions on whether an arbitral tribunal can disregard constitutional and statutory procurement provisions, whether variations exceeding statutory limits require fresh procurement, and whether awards contrary to public policy can be enforced transcend the particular dispute. Their determination would guide the public on dealing with public bodies when contracting and on the extent to which such contracts may be varied, and would settle uncertainty and clarify apparently conflicting High Court decisions on section 47 of the repealed Act and Article 227 of the Constitution.
Legal principles established
#- The Supreme Court did not completely bar appeals from arbitration-related determinations; the appellate avenue is restricted to exceptional circumstances, and certification of matters of general public importance under Article 163(4)(b) is governed by the Hermanus Phillipus Steyn criteria.
- Issues concerning the applicability of public policy to arbitral awards on public procurement contracts and the limits on varying such contracts raise substantial points of law capable of certification under Article 163(4)(b).
Court orders
#- 1.A certificate issued under Article 163(4)(b) of the Constitution that the applicant's intended appeal to the Supreme Court raises matters of general public importance
- 2.Leave granted to the applicant to lodge its appeal to the Supreme Court against the judgment of the Court of Appeal delivered on 27th October 2023
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal
- Jurisdiction invoked
- Article 163(4)(b) of the Constitution (certification of matters of general public importance); rule 33(1) of the Supreme Court Rules and rule 42 of the Court of Appeal Rules
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
We hereby issue a certificate under Article 163(4)(b) of the Constitution that the applicant’s intended appeal to the Supreme Court raises matters of general public importance and we grant leave to the applicant to lodge its appeal to the Supreme Court against the judgment of this Court delivered in this appeal on 27th October 2023.
It is clear from the foregoing that the Supreme Court did not completely lock out the appellate door in arbitration proceedings.
In our view, the above issues raise substantial points of law and their determination will have significant bearing on the public interest since the public will be in a position to determine how to deal with public bodies when entering into contracts and the extent to which such contracts are to be varied without subjecting them to a fresh procurement process.
It is therefore our view that this application meets the test set out in Hermanus Phillipus Steyn v Giovanni Gnecchi- Ruscone (supra) and warrants certification.
Issues in the judgment
#The delivery clause contains an irregular date rendering: 'DATED AND DELIVERED AT NAIROBI THIS 10TH DAY JULY, OF 2026'. The intended date appears to be 10th July 2026, but the wording is garbled.
The judgment records the plenary hearing as 25th February 2026 while written submissions by the applicant are dated 20th February 2026; the citation string in the Singapore case is also incomplete ('[201] SGCA 18').
No neutral citation is printed on the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Centurion Engineers & Builders Ltd v Kenya Bureau of Standards (Civil Appeal (Application) E398 of 2021) [2026] KECA 1324 (KLR)", Case Analysis (2026). Notice of Motion dated 7th November 2023 in Civil Appeal (judgment delivered 27th October 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1324/eng@2026-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.