[2016] KEHC 31 (KLR)

[2016] KEHC 31 (KLR)

Although the High Court has countrywide jurisdiction, the proper forum for an application to set aside an arbitral award is the High Court station where the original proceedings relating to the arbitration were commenced. In this case, since the initial miscellaneous application and reference to arbitration were filed at the High Court at Naivasha, subsequent applications concerning the arbitral award, including the application to set it aside, should also be filed at Naivasha. Filing in a different station, such as Nairobi, is procedurally improper and may give rise to perceptions of forum shopping, which undermines the administration of justice. Therefore, the matter must be transferred...

Citation
[2016] KEHC 31 (KLR)
Parties
Applicant: Narok County Government; Respondent: Prime Tech Engineering Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
24 November 2016
Case Number
Miscellaneous Application 146 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection and Forum Transfer
Outcome
Application transferred to the High Court at Naivasha for hearing and disposal. No order as to costs.
Judges
F Tuiyott
Legal Topics
Arbitral Award Setting Aside, Forum Selection, Jurisdiction of High Court
Source Language
English
Civil Procedure Alternative Dispute Resolution Arbitral Award Setting Aside Forum Selection Jurisdiction of High Court

Case Brief

Summary, issues, holding and outcome

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Parties

Narok County Government

Applicant

Prime Tech Engineering Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection and Forum Transfer

Legal Issues

  1. 1 Which High Court station is the proper forum for an application to set aside an arbitral award where the original proceedings were commenced in a different station.
  2. 2 Whether the filing of the application in Nairobi instead of Naivasha constitutes improper forum selection.

Ratio Decidendi

Although the High Court has countrywide jurisdiction, the proper forum for an application to set aside an arbitral award is the High Court station where the original proceedings relating to the arbitration were commenced. In this case, since the initial miscellaneous application and reference to arbitration were filed at the High Court at Naivasha, subsequent applications concerning the arbitral award, including the application to set it aside, should also be filed at Naivasha. Filing in a different station, such as Nairobi, is procedurally improper and may give rise to perceptions of forum shopping, which undermines the administration of justice. Therefore, the matter must be transferred...

Court Disposition

Application transferred to the High Court at Naivasha for hearing and disposal. No order as to costs.

Orders

  • The matter is transferred to the High Court at Naivasha for hearing and disposal.
  • No order as to costs.