NYUTU AGROVET LIMITED V. AIRTEL NETWORKS KENYA LIMITED;CHARTERED INSTITUTE OF ARBITRATORS-KENYA BRANCH

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] The present appeal arises from a Ruling of the Court of Appeal (Karanja, M’inoti, Mwera, Mohamed and Musinga JJ.A) which had dismissed an appeal against the decision of the High Court in Nyutu Agrovet Ltd v. Airtel Network Kenya Ltd Nairobi H.C.C.C. No.350 of 2009. The Court of Appeal in its Ruling had found that there is no right of appeal to that Court following a decision made under Section 35 of the Arbitration Act 1995 (the Act), and so struck out the entire appeal to it. Certification of leave to appeal to this Court was thereafter granted in terms of Article 163(4)(b) of the Constitution. A Petition of appeal dated 15^th July 2016 was thereafter filed seeking to overturn the decision of the Court of Appeal.

B. BACKGROUND

[2] This matter concerns the setting aside by the High Court (Kimondo J) of an arbitration award granted in favour of the Respondent, Airtel Networks Kenya Ltd (Airtel), following a commercial dispute between it and the Peti…