ADVOKS GLOBAL · KENYA
Arbitration Act
9. Receipt of written communications
Edition: 2022-12-31 · In force
9. Receipt of written communications
(1)Unless otherwise agreed in writing between the parties any communication made pursuant to or for the purposes of an arbitration agreement—(a)being a communication effected by facsimile or electronic mail—(i)is deemed to have been received if it is transmitted to a facsimile number or electronic mailing address, as the case may be, specified by the addressee as his number or address for service; and(ii)is deemed to have been received on the day on which it is so transmitted; or(b)in any other case—(i)is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; and(ii)is deemed to have been received on the day on which it was so delivered.(2)Where, after reasonable inquiry, a place of business or residential address specified by the addressee cannot be found, or where such a place or address, or any mailing address, facsimile number or electronic mailing address so specified appears never to have been, or to be no longer, that of the addressee, a written communication—(a)is deemed to have been received if it is sent to the addressee’s last known place of business, residential address or mailing address, or last known facsimile number or electronic mailing address, or by any other means that provides a record of the attempt to deliver or transmit the communication; and(b)is deemed to have been received on the date specified in that record.(3)This section does not apply to the service of documents for the purpose of legal proceedings for which provision is made by rules of court.