Can I challenge an arbitration award in Kenya if the arbitrator ignored key evidence?

In Kenya
Last Updated: Feb 9, 2026
I went through a private arbitration for a construction dispute and feel the arbitrator refused to consider important documents and emails. The award has already been issued and the other side is pushing for enforcement. What are my options and timelines to set it aside in Kenya?

Lawyer Answers

Bond Advocates LLP

Bond Advocates LLP

Feb 9, 2026
Best Answer
Hello yes, you can seek to set aside the award but on narrow and limited grounds. It can't sound like an appeal. There must a statutory framing for the challenge on the limited grounds given by the Act.
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Innovate Advocates LLP

Innovate Advocates LLP

Feb 10, 2026
Yes, you can challenge an arbitration award, but on very specific grounds, such as your case which would amount to procedural unfairness. You must apply to the High Court within 90 days from the date you received the arbitral award. As the other party has started enforcement proceedings, it is crucial to act fast. Feel free to reach out for a prompt review of the award so we can advice on the best course of action.
Wahito Musonge and Company Advocates

Wahito Musonge and Company Advocates

Feb 11, 2026
In Kenya you can only challenge (set aside) an arbitral award within 30 days of its issuance (or such further time as the court may allow) under the Arbitration Act, 1995, on very limited grounds such as lack of jurisdiction, serious irregularity (e.g., the arbitrator failing to consider material evidence that goes to the merits), or contravention of public policy; if enforcement proceedings have already started, you should immediately contact us because once enforcement orders are granted it becomes much harder to resist execution.
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