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Court of AppealOtherApplication dated 15th October 2024 (Civil Appeal arising from HCCOMMARB/E089/2023)· [2025] KECA 699 (KLR)

Bapiny Montuel Wejang Wuor v Beatpar Enterprises Limited

Court of Appeal
11 April 2025
MNMumbi Ngugi
857 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal confirmed that appeals against arbitral awards need leave, and only a full bench — not a single judge — can grant that permission.

What this practically means

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Executive summary

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This is a single-judge decision of the Court of Appeal (Mumbi Ngugi, JA) on an application dated 15th October 2024 in which Bapiny Montuel Wejang Wuor sought leave to appeal against a High Court ruling of 20th September 2024 (F. Mugambi J.). The High Court had dismissed the applicant's application to set aside an arbitral award in HCCOMMARB/E089/2023, holding it res judicata in light of prior proceedings in HCCC No. 501/2022. The award, delivered by sole arbitrator George Eshuchi, held the applicant liable for breach of a settlement agreement, ordering payment of USD 124,072.32 with interest at 17% per annum and auction of LR No. 12882/28 Karen Ngong View Estate. The applicant argued the High Court misapplied section 35 of the Arbitration Act and ignored his substantive grounds; the respondent countered that the issues had been litigated in four fora with the same outcome. The Court of Appeal did not determine the leave application on its merits. Citing the Supreme Court's decision in Nyutu Agrovet Limited v Airtel Networks Kenya Limited, it held that jurisdiction over section 35 arbitral-award matters arises only in exceptional circumstances, and that leave determinations must be made by a full bench under rule 55(2)(b) of the Court's Rules. The court directed that the application be listed before a full bench and made no order as to costs, notably declining to address the parties' submissions.

Key legal issues

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01

Jurisdiction of a single judge to determine leave to appeal in an arbitral-award matter

Holding

The application cannot be determined by a single judge; it must go before a full bench.

Reasoning

Relying on Nyutu Agrovet Limited v Airtel Networks Kenya Limited; Chartered Institute of Arbitrators-Kenya Branch [2019] KESC 11 (KLR), the court held that jurisdiction over section 35 Arbitration Act matters arises only in exceptional circumstances, and that leave determinations are reserved to a full bench under rule 55(2)(b) of the Court's Rules. The court therefore did not decide the merits of the intended appeal and declined to address the parties' submissions.

p. 2

Legal principles established

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  • The Court of Appeal assumes jurisdiction over matters emanating from the High Court in respect of an arbitral award under section 35 of the Arbitration Act only in exceptional circumstances.
  • Applications for leave to appeal against decisions on setting aside arbitral awards must be determined by a full bench of the Court in accordance with rule 55(2)(b) of the Court of Appeal Rules.

Court orders

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  1. 1.The application is to be listed before a full bench of the Court of Appeal for hearing and determination
  2. 2.No order as to costs
On appeal from
High Court
HCCOMMARB/E089/2023 (ruling dated 20th September 2024)
Jurisdiction invoked
Section 35 of the Arbitration Act; sections 3, 3A and 3B of the Appellate Jurisdiction Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Bapiny Montuel Wejang Wuor v Beatpar Enterprises Limited", Case Analysis (2025). Application dated 15th October 2024 (Civil Appeal arising from HCCOMMARB/E089/2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/699/eng@2025-04-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.