Godfrey Kiarie Kimani & Mary Wangui Mungai Kiarie & Moses Ndirangu Mubea & Zipporah Wambui Ndirangu v Ryan Properties Limited [2021] KEELC 112 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC CIVIL CASE NO. 666 OF 2017

GODFREY KIARIE KIMANI & MARY WANGUI MUNGAI KIARIE..........1ST PLAINTIFFS

MOSES NDIRANGU MUBEA & ZIPPORAH WAMBUI NDIRANGU..........2ND PLAINTIFFS

VERSUS

RYAN PROPERTIES LIMITED................................................................................DEFENDANT

RULING

1. Before me is a Notice of Motion application dated 23rd July 2021 where the Plaintiffs are seeking the following order;

i. THAT the Arbitral Award dated 30th November, 2020 and Additional Award/Clarification of the award dated 4th June, 2021 be filed in Court under Section 4 (1) of the Arbitration Rules, 1997.

2. The application supported by the Plaintiffs’ advocate’s affidavit dated 23rd July 2021 is premised on grounds that Section 4 (1) of theArbitration Rules, 1997, provides that an arbitration award should be lodged in court before an application for its enforcement is made. The award dated 30th November 2020 and additional award dated 4th June 2021 made in favour of the Plaintiffs was as a result of a dispute over sale  agreement dated 2nd April 2012 between the Plaintiffs and the Defendant.

3. No replying affidavit was filed.

4. Article 159(2) (c)of the Constitution of Kenya, 2010 provides that:

“In exercising judicial authority, the courts and tribunals shall be guided by … alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted…”

5. Further, Section 36of the Arbitration Act provides for the recognition and enforcement of arbitration awards as follows:

“(1) A domestic arbitral award, shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37. ”

6. There is no indication on record that the Defendant has contested the award or has sought for it to be set aside. The Defendant has also not filed a replying affidavit to the application. In the circumstances, I find that the The application dated 23rd July 2021 ismerited, the same ishereby allowedas drawn.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 8TH DAY OFDECEMBER, 2021THROUGH MICROSOFT TEAMS.

LUCY N. MBUGUA

JUDGE

In the presence of:-

Wamai for the Plaintiff

Court Assistant:  Eddel Barasa