KENYA Law and Practice Contributed by: Ken Melly, Moses Kipkogei, Delbert Ochola and Kanyiri Kariuki, G&A Advocates LLP
agency (acting on behalf of a principal), assignment/ novation (assuming the contractual rights/burdens), or succession (heirs/liquidators stepping into the shoes of the signatory). The national courts of Kenya do not possess the uni - lateral ability to bind foreign third parties (or domestic third parties) to an arbitration agreement they did not sign, as doing so would violate the fundamental con - sensual nature of arbitration and stretch the court’s jurisdiction beyond statutory limits.
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