REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL AND TAX DIVISION MISCELLANEOUS APPLICATION NO. E871 OF 2020 ALPHA GRAIN MILLERS LIMITED.................................................1 ST APPLICANT CAPWELL INDUSTRIES LIMITED .................................................2 ND APPLICANT KABANSORA MILLERS LIMITED ................................................3 RD APPLICANT KARIBU FLOUR MILLS LIMITED ................................................4 TH APPLICANT KITUI FLOUR MILLS LIMITED ....................................................5 TH APPLICANT MOMBASA MAIZE MILLERS LIMITED .......................................6 TH APPLICANT OSHO GRAIN MILLERS LIMITED................................................7 TH APPLICANT PEMBE FLOUR MILLS LIMITED...................................................8 TH APPLICANT VERSUS MINISTRY OF AGRICULTURE, LIVESTOCK AND FISHERIES.............................................................................1 ST RESPONDENT ATTORNEY GENERAL..................................................................2 ND RESPONDENT RULING 1. Through the application dated 16th July 2010, the applicants herein sought orders that; 1. Spent 2. Leave be granted to enforce the following Awards as Preliminary and Final Decrees of the court. a) Interim Award made and published on 2nd December 2019 and Addendum to the Interim Award made and published on 17th January 2020. b) Final Arbitral Award made and published on 30th May 2020. 3. The costs of this application awarded to the applicants. 2. The application is supported by the affidavit of the 2 nd Applicant’s Group head of Business Mr. Mahesh Chavda and is premised on the grounds that following the appointment of Mr. John Ohaga as the sole Arbitrator and after hearing the respective parties, the Arbitrator published an Interim Award on 2 nd December 2019, Addendum to Interim Award on 17 th January 2020 and a Final Award on 30 th May 2020.
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3. The applicants state that the Final Award granted the applicants the sum of Kshs 2,737,714,072.51/= which amount the respondents have not settled despite several demands. 4. It is the applicant’s case that no application to set aside or stay of the enforcement of the Arbitral Award has been made by the respondents and that the instant application should be allowed. 5. When the matter came up for directions on 29 th July 2020, the court directed the respondents to file a replying affidavit to the application within 14 days. However, as at 7th October 2020 when the matter came up for hearing, the respondents had not filed any response the application whereupon Mr. Gichuhi, learned counsel for the applicants moved the court to allow the prayers sought in the application dated 6th July 2020 as the same stood unopposed. 6. I have perused the pleadings and proceedings herein and I note that indeed, respondents have not filed any response to the instant application. I further note Mr. Odhiambo appeared for the respondent on 7 th October 2020 after the case had been mentioned and confirmed that the respondents had not tendered any response to the application. 7. In the circumstances of this case and after perusing the application, I find that it is not only merited bur is also unopposed and I therefore allow it with costs to the applicants. Dated, signed and delivered via Microsoft Teams at Nairobi this 15 th day of October 2020 in view of the declaration of measures restricting court operations due to Coved -19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020. W. A. OKWANY JUDGE In the presence of: Mr. Gichuhi for the 8 applicants No appearance for the respondents Court Assistant: Silvia
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