On 5th October 2018 the Court delivered its ruling on the above matter by holding the Arbitral Award rendered by the Arbitrator vide a letter dated 21st January 2013 is contrary to public policy on account of the fact that the arbitrator disregarded, ignored and or misinterpreted the legal effect of 2006 decision by the International Center for Settlement of Investment Disputes (ICSID) between World Duty Free Company limited (WDF) and the Government of Kenya (GOK). The Court held that the ICSID decision which had held the agreement dated 27th April 1989 between GOK & WDF was illegal, null and void because it was procured through bribery and corruption was binding to Kenyan courts and to all parties.
The Effect of this ruling by the Court is;
• Kenya Airports Authority (KAA) is not liable to pay or settle to WDF, the sum of USD 78,554,419.2(KSHS 8.5Billion). The said award on damages was set aside
• Neither WDF nor Kamlesh Patni has any right to operate duty free shops and to advertise at Jomo Kenyatta International Airport or Moi International Airport.
We are pleased to note that the decision of the Court brings to closure the long outstanding disputes and Court cases between KAA and WDF which dates back 30 years.