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Finality is core to the arbitral bargain. Parties commonly choose arbitration because they expect a binding decision delivered through a process that is more focused, flexible and efficient than ordinary litigation. Kenya’s Arbitration Act gives effect to that expectation: Section 10 limits court intervention to the circumstances expressly permitted by the Act; Section 32A provides that an award is final and binding; and Section 35 restricts applications to set aside an award to specific grounds, including fraud, corruption, procedural unfairness, excess of jurisdiction and conflict with the public policy of Kenya.
11 August 26
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Finality, however, does not mean an award must stand regardless of how it was obtained or what it decides. Arbitration depends on the legitimacy of both the process and the result. Courts must therefore retain the power to intervene in the limited circumstances where a tribunal exceeds its mandate, denies a party a fair opportunity to present its case, produces an award tainted by corruption or illegality, or renders an award that is genuinely contrary to public policy. Proper judicial supervision strengthens arbitration by ensuring that finality does not become a shield for serious injustice.
The more difficult question is how far that supervision should extend, and at what point an arbitral dispute must come to an end. The Court of Appeal’s recent ruling in Centurion Engineers & Builders Limited v Kenya Bureau of Standards [2026] KECA 1324 (KLR) (10 July 2026) reopens that question and forces a closer look at where the line now sits.
This legal alert examines the evolving scope of appellate intervention in Kenyan arbitration and what greater judicial scrutiny could mean for the finality and commercial certainty of arbitral awards.
Click here to download and read the full alert.
Should you have any questions regarding the information in this legal alert, please do not hesitate to contact Luisa Cetina.
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Contributor
Zayn Admani – Trainee Lawyer