Mwangi v Mizizi Africa Homes Limited (Miscellaneous Application E028 of 2025) [2025] KEHC 16429 (KLR) (Commercial and Tax) (23 October 2025) (Ruling) Neutral citation: [2025] KEHC 16429 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX MISCELLANEOUS APPLICATION E028 OF 2025 MO ADO, J OCTOBER 23, 2025 BETWEEN DENNIS MWANGI .................................................................................. APPLICANT AND MIZIZI AFRICA HOMES LIMITED ................................................. RESPONDENT RULING Introduction 1. This Ruling pertains to the Applicant's Chamber Summons Application dated 2nd April 2025, in which the Applicant, Dennis Mwangi, seeks the recognition and enforcement of an Arbitral Award issued on 27th September 2024 by the Hon. David M. Michuki MCiArb (Sole Arbitrator). 2. The Applicant further seeks that a Decree be issued accordingly and that the costs of this Application be borne by the Respondent, Mizizi Africa Homes Limited. 3. The Respondent did not file a response to the application. Factual Background 4. The dispute between the parties arose from a breach of an Agreement for Sale and purchase of a threebedroom bungalow No. 26 at Peacock Estate. Pursuant to arbitration clauses in two agreements, that is, Clause H of the sale Agreement dated 10th June 2021 and Clause F of the subsequent Agreement for Sale dated 15th March 2022, the parties voluntarily submitted to the authority of the Arbitral Tribunal. 5. At the arbitral Tribunal, parties reached an agreement and recorded a settlement on 21st June 2024, agreeing on most issues, including the refund amount and legal fees/disbursements, as follows: - https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16429/eng@2025-10-23 1
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i. Agreed Refund Amount: Kenya Shillings Four Million, Five Hundred and Thirty-Seven Thousand, Two Hundred and Seventy-One (Kshs. 4,537,271.00/=) only, with no accrued interest. ii. Agreed Legal Fees and Disbursements: KES 291,969.50/- (comprising Legal fees per the ARO, VAT at 16%, and Disbursements). 6. The only outstanding issue was the timelines for payment of the agreed funds and costs, which were left to the Honourable Arbitrator's discretion. 7. The Arbitral Award was published on 27th September 2024, but its release was initially conditional on the settlement of the Arbitrator's fees. The Respondent declined to settle the Arbitrator’s fees but the Applicant subsequently paid, leading to the award's release on or about 25th February 2025. 8. The Arbitrator, in the Award, directed as follows: i. Payment of the agreed funds of Kshs. 4,537,271.00 by the Respondent to the Claimant within Sixty (60) Days from the date of publication of the Award. ii. Immediate payment of the agreed legal fees and disbursements of Kshs. 291,969.94/-. iii. Payment of the Arbitrator's fees of Kshs. 347,500.00 plus VAT by the Respondent, including reimbursement to the Claimant if they paid part or all of the amount. 9. It is the Applicant’s case that the Respondent has neither complied with the Award's directives nor challenged the Award in any court. Furthermore, no objection to the current proceedings was filed by the Respondent, despite the Applicant having given notice of the same to the Respondent. 10. The application was canvassed by way of written submissions. The Applicant, through the law firm of Kendy & Co. Advocates, filed submissions dated 20th May 2025 on behalf of the Applicant. No submissions were filed by the Respondent. Issues for Determination 11. Having considered the Application, the supporting affidavit, and the submissions filed herein by the Applicant, I find that the primary issue for determination is whether the Applicant has satisfied the legal requirements for this Court to recognize and enforce the Arbitral Award dated 27th September 2024. 12. The Applicant's case for recognition and enforcement is premised on Sections 36 and 37 of the Arbitration Act, Chapter 49, Laws of Kenya. 13. Section 36(1) of the Arbitration Act grants the High Court the power to recognize and enforce a domestic arbitral award. The privision explicitly states that a domestic 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". 14. Further, Section 37 of the Act sets out the grounds upon which the Court can decline to recognize or enforce an award, which are similar to the grounds for setting aside an award under Section 35(2). 15. The Applicant submits that there is no opposition or evidence placed before the Court by the Respondent to impeach the sanctity of the Award or to warrant its setting aside. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16429/eng@2025-10-23 2
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16. The Court is thus guided by the principle articulated in Rupra Construction Company Limited v Longonot Place Limited [2021] eKLR in which it was held by Sergon J that: " In the absence of any credible proof by the respondent as to why the arbitral award should not be enforced and recognized... I find no basis to decline to grant the orders sought...". 17. In the present case, since the Respondent has not provided any credible proof for non-enforcement, the Court is equally duty-bound to recognize the Award, subject to the Applicant meeting the preconditions set under Section 36(3) of the Act sets which requires the party applying for enforcement to furnish the court with: a. the original arbitral award or a duly certified copy of it. b. the original arbitration agreement or a duly certified copy of it. 18. I have perused the affidavit in support of the application and note that the Applicant has supplied this Court with the Original Arbitral Award published on 27th September 2024 (Annexure DM-6) and the two Agreements for Sale (Annexure Nos. DM-1 and DM-2), which contain the arbitration agreement. 19. The Applicant has thus met the pre-conditions set out under Section 36(3) of the Act. Conclusion and Orders 20. In light of the submissions, I find that the Applicant has complied with the statutory requirements for enforcement as set under Section 36 of the Arbitration Act. Consequently, the Court finds no legal basis to decline the Application. 21. Accordingly, the Chamber Summons Application dated 2nd April 2025 is hereby allowed as prayed in the following terms: 22. i. The Final Arbitral Award dated 27th September 2024, issued by Hon. David M. Michuki MCiArb (Sole Arbitrator) relating to the matter of an Arbitration between Dennis Mwangi and Mizizi Africa Homes Limited is hereby recognized and shall be enforced in accordance with section 36(1) of the Arbitration Act, Chapter 49 Laws of Kenya. ii. A Decree shall be issued accordingly. iii. The cost of this Application shall be borne by the Respondent. It is so ordered. SIGNED, DATED, AND DELIVERED IN VIRTUAL COURT THIS 23RD OCTOBER 2025 ADO MOSES JUDGE In the presence of: C/A – Moses Barrack…………..for the Applicant N/A………….…..... for the Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16429/eng@2025-10-23 3
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