👩🏾⚖️ Author Spotlight
We’re pleased to feature Vianney Sebayiga
Their paper, critiques the Supreme Court's interpretation of Section 35 of the Arbitration Act
This work reflects the kind of rigorous, peer-reviewed scholarship we are proud to publish.
@joshuamalidzo The certified questions are good and maybe we need some authoritative conclusions on the scope of public policy. Nowadays it is invoked and applied carelessly by introducing constitutional grounds to undermine finality of arbitral awards.
@joshuamalidzo At review of the certification, the SCOK may overturn. It has maintained that it lacks jurisdiction to entertain an appeal challenging a decision of the CoA emanating from Sec 35. It recently reaffirmed this in Cape Holdings v Synergy [2026] KESC 26 (KLR).
Friends, #hotoffthebench only reports decisions that the registrar has read or heard being read in court. When you forward/dm newsbytes without the order, ruling or judgment, the same will not be shared.
That is the only way of ensuring that we do not share false information.
@joshuamalidzo I understand its rationale of developing law, but it relies on Articles 20(3)(a),27, and 259 (see paras 56 and 57) to amend the Act to provide for the right of appeal where none is expressly granted by Parliament. Another creature of judicial practice (see para 52)?
SCORK has reduced the Supreme Court of Kenya @12 lecture series into a volume, a one place to access all speeches and lectures by the judges.
Enjoy the read
https://t.co/0EUfeNUMRP