The right of appeal under section 35 of the arbitration act in Kenya: an analysis of the supreme court decisionin nyutu agrovet v airtel networks (2019)

Abstract

An arbitral award is final and binding on the parties but may be set aside for failure to adhere to due process requirements. Section 35 of the 1995 Arbitration Act (the Act hereinafter) provides grounds for setting aside an arbitral award by the High Court. It does not state whether decisions of the High Court on setting aside an arbitral award are final. Similarly, the said section does not expressly state that a decision thereunder is not subject to appeal. This ambiguity has led to uncertainty among lower courts.