Centurion Engineers & Builders Limited v Kenya Bureau of Standards

The Court relied on Nyutu Agrovet, where the Supreme Court held that although appellate intervention in arbitration matters is circumscribed, in exceptional circumstances the Court of Appeal has residual jurisdiction to enquire into unfair determinations, and on Geochem Middle East, which reiterated that arbitration disputes should not follow the usual appeal mechanism to the very end. Reading the two together, the Court concluded the appellate door was not completely locked but restricted to legitimate claims falling within exceptional circumstances. It expressly refrained from determining the appellate jurisdiction of the Supreme Court in arbitral proceedings and declined to dismiss the application on the ground of want of jurisdiction.

Applying the Steyn parameters, the Court found that the questions on whether an arbitral tribunal can disregard constitutional and statutory procurement provisions, whether variations exceeding statutory limits require fresh procurement, and whether awards contrary to public policy can be enforced transcend the particular dispute. Their determination would guide the public on dealing with public bodies when contracting and on the extent to which such contracts may be varied, and would settle uncertainty and clarify apparently conflicting High Court decisions on section 47 of the repealed Act and Article 227 of the Constitution.