Juja Preparatory School Co Ltd v Kozi Student Travel Limited (Commercial Miscellaneous Application E070 of 2025) [2025] KEHC 14590 (KLR) (Commercial and Tax) (15 October 2025) (Ruling) Neutral citation: [2025] KEHC 14590 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX COMMERCIAL MISCELLANEOUS APPLICATION E070 OF 2025 AA VISRAM, J OCTOBER 15, 2025 IN THE MATTER OF THE ARBITRATION ACT NO. OF 1995 (AS AMENDED IN 2009) AND IN THE MATTER OF AN APPLICATION FOR ENFORCEMENT OF A FINAL ARBITRAL AWARD MADE AND PUBLISHED ON 8TH NOVEMBER, 2024 AND AN ADDITIONAL AWARD ON QUANTUM OF COSTS MADE AND PUBLISHED ON 17TH JUNE, 2025 BY THE HON. JOHN MULIKA MBALUTO, FCIARB BETWEEN JUJA PREPARATORY SCHOOL CO LTD ........................................... APPLICANT AND KOZI STUDENT TRAVEL LIMITED ............................................... RESPONDENT RULING 1. This ruling determines the Chamber Summons Application dated 28th August, 2025, seeking recognition and enforcement of the Award dated 8th November, 2024, and the further award published on 17th June, 2025. The same is not opposed and return of service is available on the court record. 2. Section 36 of the Act provides as follows:Recognition and enforcement of awards (1) A domestic arbitral award, shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14590/eng@2025-10-15 1
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(2) An international arbitration award shall be recognised as binding and enforced in accordance to the provisions of the New York Convention or any other convention to which Kenya is signatory and relating to arbitral awards. (3) Unless the High Court otherwise orders, the party relying on an arbitral award or applying for its enforcement must furnish— (4) (a) the original arbitral award or a duly certified copy of it; and (b) the original arbitration agreement or a duly certified copy of it. If the arbitral award or arbitration agreement is not made in the English language, the party shall furnish a duly certified translation of it into the English language. (Emphasis mine) 3. Looking at the record, I see that a certified copy of the Award is found at pages 44 to 66 of the Applicant’s supporting affidavit. Further, a certified copy of the contract between the parties, containing the arbitration agreement is found at pages 36 to 40, both at annexure 1 of the supporting affidavit. The documentation does not require translation. I am therefore satisfied that the above requirements have been met. 4. Based on the reasons set out above, I am satisfied that the Application dated 28th August, 2025, ought to be, and is hereby allowed as prayed for. 5. Accordingly, the arbitral Award dated 8th November, 2024, and the further award published on 17th June, 2025, is hereby recognised, adopted, and enforced as a decree of this Honourable Court. 6. The file is marked as closed. DATED AND DELIVERED VIRTUALLY VIA MICROSOFT TEAMS THIS 15TH DAY OF OCTOBER, 2025 ALEEM VISRAM, FCIArb JUDGE In the presence of; Court Assistant: Lisper ......................................... for Applicant ................................ for Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14590/eng@2025-10-15 2
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