Cytonn Investments Management Plc v Margaret Mary Njuguna
The bottom line
#Kenya's Court of Appeal refused Cytonn permission to appeal a ruling enforcing a Kshs. 41 million arbitral award, confirming appeals from arbitration decisions are extremely rare.
What this practically means
#Executive summary
#Key legal issues
#Threshold for leave to appeal from a High Court decision under section 35 of the Arbitration Act
Leave was refused because the applicant's grievances fell within the ordinary section 35/37 framework and did not disclose the grave, manifestly wrong decision that closes the door of justice, as required by Nyutu Agrovet and Synergy.
The court applied the Supreme Court's governing pronouncements in Nyutu Agrovet, Synergy and Geo Chem, which confine appeals from section 35 decisions to cases where the High Court stepped outside the statutory grounds and occasioned grave injustice. The applicant's complaints - erroneous computation of the 90-day timeline, failure to consider its section 37 replying affidavit, absence of a valid arbitration agreement, bias and public policy - did not amount to such exceptional circumstances. Having declined leave, the court found it unnecessary to consider the rule 5(2)(b) merits question.
Legal principles established
#- No appeal lies to the Court of Appeal from a decision of the High Court under section 35 of the Arbitration Act, except in the narrow circumstances set by the Supreme Court in the Nyutu Agrovet and Synergy cases, where the High Court stepped outside the grounds in section 35 and made a decision so grave as to close the door of justice
- Arguments alleging errors in computation of the 90-day period under section 35(3) and failure to consider section 37 objections do not meet the exceptional threshold for leave to appeal from a section 35 decision
Court orders
#- 1.The application dated 15th July 2024 is dismissed with costs to the respondent
- 2.Leave to appeal against the ruling of the High Court is declined
- On appeal from
- High Court
- Misc Arb No. 030 of 2023 (consolidated with Misc Arb No. E018 of 2023)
- Jurisdiction invoked
- Rule 5(2)(b) and rules 41, 44 and 45 of the Court of Appeal Rules, 2022 - application for leave to appeal and stay of execution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cytonn Investments Management Plc v Margaret Mary Njuguna", Case Analysis (2025). Application dated 15th July 2024 (Civil Application). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1317/eng@2025-07-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.