What happens after a Kenyan arbitral award is issued? This guide explains the practical questions to resolve early. It gives general information about Kenyan commercial arbitration and is not a substitute for advice on a particular contract, dispute or deadline.
Who this guide is for
A successful party seeking enforcement or a party considering a challenge.
The decision to make first
Read the award and procedural history immediately. Identify the applicable deadline, the court relief sought and the limited statutory grounds that may be relevant. A disagreement with the merits alone is not a substitute for a statutory ground.
Kenyan legal and procedural context
Sections 35 to 37 of the Arbitration Act address setting aside, recognition and enforcement, and circumstances in which enforcement may be refused. Obtain advice on the award, seat and procedural record promptly.
Prepare a usable record
Start with the award, arbitration agreement, hearing directions, procedural correspondence and proof of service. Keep originals, record when documents were received, and avoid altering or selectively collecting records after a dispute begins. A short chronology identifying the issue, the relevant clause, key events and requested remedy helps advisers and decision makers assess the next step.
Questions to ask before committing to a route
- What does the dispute clause require before arbitration begins?
- Is there an urgent risk to property, evidence, a project or the business relationship?
- What outcome is realistically available under the contract and applicable law?
- Would negotiation or mediation resolve part of the dispute without losing necessary rights?
Related reading
See the Arbitration and ADR practice page and the complete Arbitration in Kenya guide library for the next practical question.