Gilbi Business Park Management Limited v Pada Security and Alarms Systems (Commercial Miscellaneous Application E036 of 2025) [2025] KEHC 15200 (KLR) (Commercial and Tax) (27 October 2025) (Ruling) Neutral citation: [2025] KEHC 15200 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX COMMERCIAL MISCELLANEOUS APPLICATION E036 OF 2025 AA VISRAM, J OCTOBER 27, 2025 BETWEEN GILBI BUSINESS PARK MANAGEMENT LIMITED ......................... APPLICANT AND PADA SECURITY AND ALARMS SYSTEMS .................................. RESPONDENT RULING 1. I have considered the Application dated 1st April, 2025, together with the affidavit filed in in support of even date. The Application seeks to recognize and enforce an arbitral award published 30th January, 2025, (“the Award”). 2. The same is not opposed and an affidavit of service dated 25th September, 2025, is available on the court record. 3. The Applicant has annexed a certified copy of the Award marked as exhibit HGV4 of the supplementary affidavit and has annexed certified copy of the arbitration agreement between the parties marked as exhibit HGV3 at clause 18.2 of the contract between the parties. 4. The applicable law is found at Section 36 of the Arbitration Act, 1995. The same 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/2025/15200/eng@2025-10-27 1
page 1 of 2
(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) 5. Further, I take note that no live application for setting aside or refusal for recognition or enforcement of the Award is pending before the court at present, and further, that the statutory time limit for filing such an application to set aside has since elapsed. 6. Having found that the above criteria is met, the Application is allowed. The Award dated 30th January, 2025, is hereby recognized and enforced as a decree of the court. 7. The file is marked as closed. DATED AND DELIVERED VIRTUALLY VIA MICROSOFT TEAMS THIS 27TH DAY OF OCTOBER, 2025 ALEEM VISRAM, FCIArb JUDGE In the presence of; Court Assistant: Lispa https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15200/eng@2025-10-27 2
page 2 of 2