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High CourtDismissedMiscellaneous Application No. E805 of 2025

ESTEEL v PINK PEARL (application for review of the Ruling of 27th February 2026)

High Court of Kenya
31 July 2026
2,057 words in judgment
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The bottom line

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The High Court dismissed ESTEEL's attempt to review its earlier arbitration ruling, confirming that disagreements with a judge's reasoning belong in an appeal, not a review.

What this practically means

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Executive summary

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This ruling by the High Court at Nairobi (F. Mugambi, J) determines ESTEEL's application dated 2nd April 2026 seeking review of the Court's Ruling of 27th February 2026, which had allowed PINK PEARL's Originating Summons and set aside the Learned Sole Arbitrator's (Hon. Steve Oundo) finding that the Tribunal lacked jurisdiction over PINK PEARL's counterclaim, declaring the counterclaim properly before the Tribunal. ESTEEL argued an error on the face of the record: the extracted orders omitted paragraph 24 of the Ruling, creating ambiguity and inconsistency with the Court's reasoning, and that the Court failed to consider Rules 45.3 to 45.7 and the interplay of Rules 22 and 29 of the CIArb Arbitration Rules, 2020. PINK PEARL raised three preliminary objections (defective party characterization, statutory bar under section 17(6) of the Arbitration Act, and abandonment of the Order 21 Rule 8(4) remedy), all of which failed. On the merits, the Court held that paragraph 24 was ratio decidendi, not an extractable order, that section 17(6)'s finality bars appeal but not the Court's self-correcting review jurisdiction, and that disagreement with the adequacy or structure of the Court's reasoning is a matter for appeal, not review. The application was dismissed with costs on 31st July 2026.

Key legal issues

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01

Whether omission of paragraph 24 from the extracted orders is an error apparent on the face of the record

Holding

No - paragraph 24 is ratio decidendi granting no relief and need not be extracted as a freestanding order

Reasoning

The Court held that extracted orders must contain the operative, dispositive orders actually made, not the reasoning supporting them. Paragraph 24 explained the limits of the Court's supervisory jurisdiction and directed no party to do or refrain from anything. Its omission therefore creates no ambiguity or inconsistency with the Disposition.

p. 9
02

Whether section 17(6) of the Arbitration Act bars review of the Court's own decision

Holding

No - finality under section 17(6) forecloses appeal but not the Court's Order 45 review jurisdiction

Reasoning

The Court read section 17(6) as directed at foreclosing appellate scrutiny by a superior court. It says nothing about the residual jurisdiction of the same court to review its own record for a self-evident error, a jurisdiction conferred by Order 45 and exercised by the court that rendered the decision, not another forum re-examining correctness.

p. 5
03

Whether the Court failed to consider the totality of the contractual and procedural framework on arbitrability

Holding

No - the record discloses the Court considered the relevant clauses, rules and authority; brevity is a matter of style

Reasoning

The Court found that it had addressed the relevant JBC Contract clauses, CIArb Rules and the arbitrator's authority in paragraphs 12 to 23 of the Ruling. What ESTEEL truly complains of is the sequence, length or particularity of the exposition, which is not evidence of omission and is at highest a ground for appeal, not review.

p. 10

Legal principles established

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  • An error in the description of a party, promptly corrected by formal notice and productive of no prejudice, is a technical and curable defect under Article 159(2)(d).
  • Section 17(6) of the Arbitration Act forecloses appellate scrutiny but does not extinguish the High Court's narrow self-correcting review jurisdiction under Order 45.
  • Extracted orders under Order 21 Rule 7(1) must reflect the operative, dispositive orders, not the reasoning; ratio decidendi is not an extractable order.
  • Disagreement with the adequacy or structure of a court's reasoning is a matter for appeal, not a ground for review.

Court orders

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  1. 1.The application dated 2nd April 2026 is dismissed with costs
Jurisdiction invoked
Order 45 of the Civil Procedure Rules (review jurisdiction); Article 159(2)(d) of the Constitution invoked on technicalities

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, "ESTEEL v PINK PEARL (application for review of the Ruling of 27th February 2026)", Case Analysis (2026). Miscellaneous Application No. E805 of 2025. Source: 

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