KENFIT LIMITED V. CONSOLATA FATHERS

JUDGMENT OF THE COURT

This appeal arises from arbitration proceedings and the crux of the matter is whether a partial arbitral award can be recognized and enforced by the High Court. Mr. John S. Mbaya was appointed by an agreement between the appellant and the respondent on 30th August 2000 to act as sole Arbitrator in a dispute between the parties. On 30^th November 2000, the Arbitrator made an award titled “FINAL AWARD”.

In the “Final Award” the Arbitrator made a determination, inter alia, that the claimant be paid Ksh.389,740/= being the value of liquidated and ascertained damages deducted without proper notification as required by the contract. In relation to costs, the Arbitrator expressed himself as follows: “The costs of this reference together with the Arbitrators costs to be paid by the Respondent on party to party basis and to be submitted for taxation if parties are unable to agree”.

By a Chamber Summons application dated 16^th December 2003, the appellant herein made an applica…