Export-hydro Pump & Services (africa) Limited v Regional Ventures Limited

4. The material before the court shows that the parties entered into a contract for borehole drilling and construction works. The agreement contained an arbitration clause providing that disputes arising therefrom would be referred to arbitration and that the arbitral award would be final and binding upon the parties. 5. A dispute subsequently arose between the parties concerning payment under the contract. The dispute was referred to arbitration and culminated in a Consent Award published on 17th June 2025. Under the Award, the Respondent agreed to settle the sum of KES 1,120,000.00 by monthly instalments and to bear the outstanding costs of the arbitration. 6. Section 36(1) of the Arbitration Act provides that a domestic arbitral award shall be recognised as binding and, upon application in writing to the High Court, shall be enforced subject to sections 36 and 37 of the Act. Section 36(3) requires the party seeking enforcement to furnish the original arbitral award or a certified copy thereof and the original arbitration agreement or a certified copy thereof. 7. The Applicant has complied with the requirements of section 36(3) of the Act by exhibiting a copy of the arbitration agreement and a certified copy of the Award. The Award is a domestic arbitral award within the meaning of the Act. 8. The court's role at this stage is limited. It is not concerned with the merits of the award but only whether the statutory requirements for recognition and enforcement have been met and whether any of the grounds for refusal set out in section 37 of the Act have been established. 9. In Tanzania National Roads Agency v Kundan Singh Construction Limited [2013] eKLR, the Court observed that recognition and enforcement of arbitral awards follows as a matter of course once the requirements of section 36 have been satisfied and none of the grounds under section 37 have been established. I respectfully agree. 10. In the present case, no application has been made to set aside the Award under section 35 of the Act. Equally, no material has been placed before the court to demonstrate any of the grounds contemplated under section 37 of the Act. There is therefore no basis upon which the court may decline recognition and enforcement of the Award. 11. The Applicant has also urged the court to include the sum of KES 103,000.00 allegedly paid by it on account of the Respondent's share of the arbitrator's fees. While the Award records that the Respondent was to bear the outstanding arbitral costs, the court's mandate under section 36 is to recognise and enforce the arbitral award as made. It is not open to the court, at the enforcement stage, to vary, add to, or amend the terms of the award. Any entitlement to reimbursement must be founded upon the Award itself or pursued in appropriate proceedings. 12. I am therefore satisfied that the Applicant has met the requirements for recognition and enforcement of the arbitral award. 13. Accordingly, the Chamber Summons dated 27th January 2026 is allowed on the following terms: 14. i. The Final Award published by Mercy Okiro, FCIArb, on 17th June 2025 is hereby recognised as binding and is adopted as a judgment of this Court. ii. Leave is granted to the Applicant to enforce the said Award as a decree of this Court. iii. The prayer seeking inclusion of KES 103,000.00 allegedly paid by the Applicant towards the Respondent's share of the arbitrator's fees is declined. The Applicant shall have the costs of this application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7991/eng@2026-06-04 2

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15. It is so ordered. DATED, SIGNED, AND DELIVERED AT NAIROBI THIS 4TH DAY OF JUNE 2026 HON. MR. JUSTICE MOSES ADO JUDGE OF THE HIGH COURT In the Presence of: Moses C/A ………………for the Applicant ……………for the Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7991/eng@2026-06-04 3

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