Supreme Court Jurisdiction to Hear and Determine an Appeal (against an Interlocutory Judgement by the COA): Kampala International University v Housing Finance Company Limited (Petition 34 (E035 of 2022) [2024] eKLR
This case concerns the jurisdiction of the Supreme Court of Kenya (SCOK) to hear and determine an appeal (against an interlocutory judgement by the Court of Appeal (COA)) and on the threshold for grant of leave to appeal to the COA (based on Section 35 of the Arbitration Act). The brief facts of the case are that the Applicant wanted to construct a campus in Kitengela and had borrowed USD 15,000,000 from the Respondent but the Respondent managed to only raise USD 10,000,000. For the remainder, the Applicants sued but later they decided to take the matter to an Arbitration Tribunal where there were several claims and counterclaims but the Respondent's counterclaim succeeded wholly while the Applicants only succeeded in part. The award was challenged before the High Court on grounds that it went against Section 13 of the Arbitration Act (hereafter 'the Act') due to nondisclosure of a relationship between the Arbitrator and the Respondent's counsel. However, the Respondent...