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ELCDismissedNairobi ELC Misc. Application No. E115 of 2024· [2025] KEELC 8449 (KLR)

Kiama v Vaal Real Estate Limited & another (Miscellaneous Civil Application E115 of 2024) [2025] KEELC 8449 (KLR)

Environment and Land Court
4 December 2025
2,268 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court refused to stop execution of a decree from an adopted arbitral award, confirming that Kenyan courts expect arbitration disputes to end.

What this practically means

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Executive summary

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This was a ruling on the Judgment Debtors' Notice of Motion dated 18th June 2025 in which Elite Westlands Limited sought a stay of execution of the decree arising from an arbitral award dated 19th June 2024, adopted as a judgment of the court on 30th October 2024, pending determination of Milimani Constitutional Petition No. E368 of 2025. They also sought setting aside of warrants of execution and a proclamation for Kshs. 8,816,158, compensation for alleged illegal execution, and a stay pending ascertainment of arbitration costs by the tribunal. They argued the execution included Kshs. 2 million not decreed, proceeded without ascertained costs, and contravened section 94 of the Civil Procedure Act. The Decree Holder opposed, noting the award challenge had been dismissed, the Court of Appeal refused leave to appeal on 30th May 2025, the tribunal and the court were functus officio on costs, and his Bill of Costs had been struck out as time barred. Following the court's order of 23rd June 2025, the decretal sum of Kshs. 8,608,576 was deposited into a joint escrow account. The court identified a single issue: whether execution should be stayed pending the constitutional petition. Relying on Bamburi Portland Cement, Geothermal Development Company and Nyutu Agrovet, it held that no stay barred execution, that section 94 was not contravened as the decree emanated from a properly adopted award, and that the application offended res judicata and the finality of arbitration. The application was dismissed with costs to the Decree Holder on 4th December 2025.

Key legal issues

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01

Whether execution of the decree should be stayed pending determination of a constitutional petition challenging the arbitral award

Holding

Stay refused; no stay was in place and the decree holder was entitled to execute

Reasoning

The award had been adopted as a judgment on 30th October 2024 after a merit hearing. The judgment debtors' attempt to challenge the award's legality in the Court of Appeal had been dismissed with costs on 30th May 2025. No stay was in force barring execution. The pending constitutional petition did not justify staying execution, and the deposit of the decretal sum into a joint escrow account did not displace the finality of arbitration proceedings.

p. 5
02

Whether the execution proceedings contravened section 94 of the Civil Procedure Act by proceeding before ascertainment of costs

Holding

No contravention; the decree emanates from a properly adopted award and arbitration costs were not part of the decree

Reasoning

The court associated itself with Bamburi Portland Cement on the requirement of leave for execution before taxation, but held the section inapplicable because the decree derived from an adopted award. The decree holder had admitted costs of the arbitration were not included since the taxing officer struck out his bill of costs as time barred, so no non-decreed costs of that character were being executed against the judgment debtors.

p. 5
03

Whether the application offended the doctrine of res judicata and the finality of arbitration

Holding

It did; the issues had been dealt with in the arbitration and in a dismissed Court of Appeal application

Reasoning

The judgment debtors had already challenged the award's legality in ELC Misc. E003 of 2024, which was dismissed with costs, and had sought leave to appeal in the Court of Appeal, which was also dismissed with costs. Re-litigating the same issues through a stay application offended res judicata and the public policy finality of arbitration underscored in the authorities cited.

p. 5

Legal principles established

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  • A decree emanating from a properly adopted arbitral award can be executed absent a stay; execution of such a decree does not require leave under section 94 of the Civil Procedure Act
  • Leave to execute before taxation under section 94 of the Civil Procedure Act must be obtained from the High Court, informally at judgment or by notice of motion
  • Finality of arbitration is a matter of public policy limiting the court's intervention in arbitral awards

Court orders

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  1. 1.The Judgment Debtors'/Applicants' Notice of Motion dated 18th June 2025 is dismissed
  2. 2.Costs of the application to the Decree Holder/Respondent
Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules; Section 94 of the Civil Procedure Act

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, "Kiama v Vaal Real Estate Limited & another (Miscellaneous Civil Application E115 of 2024) [2025] KEELC 8449 (KLR)", Case Analysis (2025). Nairobi ELC Misc. Application No. E115 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8449/eng@2025-12-04

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