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Carol Construction Engineers Ltd v. Kenya Agricultural Research Institute

(2014) JELR 105287 (CA)

Court of Appeal  •  Civil Appeal 33 of 2005  •  20 Mar 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Martha Karambu Koome



Briefly, the facts leading to this appeal are that sometime in 1999 Kenya Agricultural Research Institute, “KARI” contracted the appellant Carol Construction Co. Ltd to rehabilitate its water supply system. The appellant commenced the work in June 1999. About October 2000, the respondent terminated the contract, which termination was disputed by the appellant. The terms of the contract between the parties required that any dispute between the parties be referred to Arbitration. On request by the parties, the Chartered Institute of Arbitrators, vide a letter dated 1st August, 2001, appointed LEE G. MUTHOGA SC, as the sole arbitrator in the dispute.

The arbitrator having heard the evidence and submissions of both parties entered a Final Award dated 30th September, 2003 which was delivered on 12th January, 2004. The arbitrator found that the appellant was liable to pay the respondent the sum of Kshs.6,290,288.75. The appellant applied for corrections, clarifications a…

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