A Kenyan High Court has ordered Nairobi car dealer Joseph Kairu Wambui, popularly known as Khalif Kairo, and his company Kai & Karo Limited to refund Sh3.4 million to a buyer after failing to deliver a luxury Audi Q7. Businessdailyafrica
The ruling converts an earlier arbitral award into an enforceable court decree. The buyer, Fawn Wood Crest Limited, had approached the dealership in October 2024 to purchase a 2017 Audi Q7 priced at about Sh5.8 million. The company paid a cash deposit of Sh2.2 million. The dealership also sold the customer’s Subaru Outback and retained roughly Sh1.7 million from the proceeds toward the Audi purchase. X
The original vehicle became unavailable. Kai & Karo then proposed a newer 2019 model at a revised price of about Sh5.9 million. The customer agreed and signed a fresh agreement, but the replacement vehicle was never delivered. Of the funds collected, the company later refunded only Sh500,000, leaving Sh3.4 million outstanding. X
After more than a year of waiting, the buyer invoked the arbitration clause in the sale agreement. On 16 February 2026, arbitrator Job Weloba ruled in the customer’s favour, ordering a refund of the Sh3.4 million plus arbitration costs of Sh175,000 and commercial interest. When the amount remained unpaid, Fawn Wood Crest Limited applied to the High Court to have the award recognised and enforced. X
The High Court adopted the award as a decree without reopening the underlying facts. It directed Kairo and Kai & Karo Limited to pay the outstanding sum together with commercial interest and costs. The decision is a civil enforcement of a binding arbitration outcome rather than a fresh criminal finding. Once adopted, the award carries the force of a judgment and can be executed through standard processes such as asset attachment or garnishee proceedings if the debt is not settled. Leaked
The latest order adds to a series of commercial disputes involving Kairo’s dealership. In 2025, two separate fraud charges totalling about Sh5.9 million (related to undelivered vehicles including a Subaru Outback and a Honda Vezel) were withdrawn after he refunded the complainants and the cases were discontinued by mutual agreement. Kairo has previously stated that he runs a legitimate business, has sold thousands of cars over more than a decade, and that delivery problems stemmed from operational issues rather than intent to defraud. Tuko Leaked
For the buyer, the High Court order provides a clear legal path to recover the unpaid balance after prolonged delays. For Kairo and Kai & Karo, it means the Sh3.4 million (plus accruing interest and costs) is now an enforceable judgment debt. Execution will depend on compliance or further enforcement steps by the creditor. The case also highlights the practical role of arbitration clauses in vehicle sale agreements and the High Court’s power to turn private awards into public, enforceable decrees.