The Supreme Court dismissed a Ksh 1.66 billion arbitral award against the 14 Riverside Complex property owners last month, clearing the way for its auction on May 26, 2026, after a 15-year court battle.
The owners’ last application to the Supreme Court, which was dismissed on March 24, 2026, failed.
“The court lacks jurisdiction to entertain further appeals in arbitration matters determined under section 35 of the Arbitration Act,” the Supreme Court bench ruled.
Authorities stated this opens the door for the creditor agency to enforce the award, collecting Ksh 4.9 billion from a failed sale of properties nearly ten years ago.
The dispute began in 2010 after the initial buyer paid an advance of Ksh 750 million for units in Westland’s complex.
In 2015, sole arbitrator Ochieng Oduol determined that 14 Riverside owners had breached the contract.
“The respondents failed to transfer the units as agreed,” Mr. Oduol declared in his award.
He ordered a refund of the principal and compound interest of 18% per annum; the original award was approximately Ksh 1.66 billion.
Although the owner obtained a victory at the High Court in 2016, the Court of Appeal reinstated the award in 2019, and “all the accrued interest should be paid,” ordered the court.
Interest has since ballooned from Ksh 750 million advances to almost Ksh 5 billion.
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Knight Frank, the auctioneer that is overseeing the sale, called it a prime asset in the advertisement.
“14 Riverside Complex stands on 2.093 acres along Riverside Drive, on which are built approximately 546,609 square feet,” the advertisement stated.
“It consists of four-and-a-half office blocks, banking halls, shops, and a five-star hotel, the DusitD2, and the sale will go on to satisfy the debt,” confirmed Knight Frank in a statement.
The decree was issued on 25th March 2021, while an attachment order was served on January 5th, 2022.
The property also includes a 13-story parking silo with capacity for 520 cars.
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The Supreme Court of Kenya building in Nairobi. Photo/Supreme Court.