[2015] KEHC 2426 (KLR)

[2015] KEHC 2426 (KLR)

The court found that the arbitration award was filed nearly four years after the 90-day period stipulated by the court order, and there was no evidence of any agreement by the parties to extend the time for filing the award. Under the Civil Procedure Rules and established case law, such an award is a nullity. The trial magistrate erred in dismissing the application to set aside the award without considering the jurisdictional defect. The court held that the issue of jurisdiction could be raised on appeal and that the award, having been filed out of time without extension, was void ab initio. The court set aside the trial magistrate's order and the undated award, and remitted the suit to...

Citation
[2015] KEHC 2426 (KLR)
Parties
Appellant: John Kaniu; Respondent: Jason Bundi Gitari
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
18 September 2015
Case Number
Civil Appeal 24 of 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Judges
BN Olao
Legal Topics
Arbitration Awards, Setting Aside Award, Jurisdiction of Arbitrator, Extension of Time, Misconduct of Arbitrator, Land Disputes
Source Language
English
Civil Procedure Land and Property Alternative Dispute Resolution Arbitration Awards Setting Aside Award Jurisdiction of Arbitrator Extension of Time Misconduct of Arbitrator +1 more

Case Brief

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Parties

John Kaniu

Appellant

Jason Bundi Gitari

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the arbitration award filed out of time without extension was a nullity.
  2. 2 Whether the trial magistrate erred in dismissing the application to set aside the award.
  3. 3 Whether the arbitrator misconducted themselves in the proceedings.

Ratio Decidendi

The court found that the arbitration award was filed nearly four years after the 90-day period stipulated by the court order, and there was no evidence of any agreement by the parties to extend the time for filing the award. Under the Civil Procedure Rules and established case law, such an award is a nullity. The trial magistrate erred in dismissing the application to set aside the award without considering the jurisdictional defect. The court held that the issue of jurisdiction could be raised on appeal and that the award, having been filed out of time without extension, was void ab initio. The court set aside the trial magistrate's order and the undated award, and remitted the suit to...

Court Disposition

appeal allowed

Orders

  • The order of the trial magistrate dismissing the application to set aside the award is set aside.
  • The undated award of the Municipal Council of Kerugoya/Kutus is set aside.