"The Right of Appeal in Arbitration Matters: The Supreme Court settles the law in a precedent setting decision"


"The Supreme Court of Kenya, in a majority decision delivered on Friday the 6th of December 2019 in the case of Nyutu Agrovet Limited v. Airtel Networks Kenya Limited, has set precedence in the arbitration practice area. Since the Arbitration Act was enacted in 1995, it has been presumed that a party aggrieved by the decision of the High Court on an application seeking to set aside an award, had no right of appeal to the Court of Appeal. The Supreme Court has now settled the issue by returning a finding that that an appeal can lie from the High Court to the Court of Appeal on a determination made under section 35 of the Arbitration Act (an application to set aside an award) where the High Court, in setting aside an arbitral award has stepped outside the grounds set out in the said section and thereby made a decision so grave, so manifestly wrong and which has closed the door of justice to either of the parties.

The successful Petitioner in this matter was represented by MMAN Advocates.

For any queries, please contact our Partner in charge of Litigation and Dispute Resolution, Mr. Jomo Nyaribo."





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