[2021] KEHC 8460 (KLR)
The court found that, following the parties' inability to agree on an arbitrator as required by the arbitration clause, judicial intervention was necessary to prevent undue delay and ensure the dispute resolution process continued. After evaluating the credentials of both proposed arbitrators, the court determined...
Source-derived case information.
- Citation
- [2021] KEHC 8460 (KLR)
- Parties
- Plaintiff: Ainushamsi Construction & Transport Limited & 55 Others; Defendant: The County Government of Garissa; Defendant: The Governor, County Government of Garissa; Defendant: The CECM for Finance and Economic Planning, Garissa County
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 7 of 2019
- Procedural Posture
- Civil Case / Ruling on Appointment of Arbitrator
- Outcome
- Application for appointment of arbitrator allowed; Dr. Kariuki Muigua appointed as arbitrator.
- Judges
- A Ali-Aroni
- Legal Topics
- Arbitration Agreement, Appointment of Arbitrator, Contractual Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ainushamsi Construction & Transport Limited & 55 Others
Plaintiff
The County Government of Garissa
Defendant
The Governor, County Government of Garissa
Defendant
The CECM for Finance and Economic Planning, Garissa County
Defendant
Procedural Posture
Civil Case / Ruling on Appointment of Arbitrator
Legal Issues
- 1 Whether the court should appoint an arbitrator due to parties' failure to agree on one as per the arbitration clause.
- 2 Whether the proposed arbitrators meet the requisite qualifications for appointment.
Ratio Decidendi
The court found that, following the parties' inability to agree on an arbitrator as required by the arbitration clause, judicial intervention was necessary to prevent undue delay and ensure the dispute resolution process continued. After evaluating the credentials of both proposed arbitrators, the court determined that Dr. Kariuki Muigua's extensive experience and qualifications in both domestic and international arbitration made him the most suitable candidate. The court therefore exercised its discretion to appoint Dr. Muigua as arbitrator, directed the parties to agree on issues for determination within 14 days, and ordered the arbitration to be concluded within 90 days, thereby...
Court Disposition
Application for appointment of arbitrator allowed; Dr. Kariuki Muigua appointed as arbitrator.
Orders
- Dr. Kariuki Muigua is appointed as arbitrator to handle the outstanding issues.
- Parties to agree on issues for determination by the arbitrator within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CIVIL CASE NO. 7 OF 2019
AINUSHAMSI CONSTRUCTION &
TRANSPORT LIMITED & 55 OTHERS.........................PLAINTIFF/RESPONDENT
VERSUS
THE COUNTY GOVERNMENT OF GARISSA......1ST DEFENDANT/APPLICANT
THE GOVERNOR, COUNTY GOVERNMENT OF
GARISSA.....................................................................2ND DEFENDANT/APPLICANT
THE CECM FOR FINANCE AND
ECONOMIC PLANNING,
GARISSA COUNTY.................................................3RD DEFENDANT/APPLICANT
RULING
1. By a ruling given by Kariuki J on the 28th October 2020 the matter was referred to arbitration in terms of the arbitral clause in the contract subject of the matter in question.
2. Since the date of the ruling mentioned above parties failed to appoint arbitrator(s).
3. By consent of the parties on the 4th of February 2021 the court directed each party to submit credential of an arbitrator of choice and allow the court to pick on one.
4. On the 2nd of March 2021 the Plaintiff proposed Dr. Kariuki Muigua whose credentials in brief indicate that he is a law scholar, a chartered arbitrator in international and domestic commercial arbitration among others.
5. On their part the Respondents filed details of their arbitrator of choice Mr. Collins Namachanja on the 3rd of March 2021. Mr. Namachanja is an advocate, a member of the chartered institute of arbitrators and a certified Public Secretary.
6. Having considered the impressive credential of both the proposed arbitrators the court is inclined to appoint Dr. Kairuki Muigua as the arbitrator to handle the outstanding issues herein based on his credentials and experience.
7. Bearing in mind the circumstances leading to this court’s intervention and in order to bring a closure to this matter the parties are directed to agree on issues for determination by the arbitrator within a period of 14 days from today’s date in order to jumpstart the arbitral process.
8. The arbitrator as appointed is hereby directed to commence and conclude this matter within a period of 90 days from the date of this ruling.
DATED AND SIGNED AT GARISSA THIS 17TH DAY OF MARCH, 2021.
..............................
ALI-ARONI
JUDGE