[2023] KEHC 20993 (KLR)

[2023] KEHC 20993 (KLR)

The court found that the application was improperly commenced by Notice of Motion instead of Originating Summons as required by Rule 3(1) of the Arbitration Rules, rendering it incompetent and fatally defective. However, considering the advanced stage of the arbitration proceedings and the absence of evidence that the arbitration committee had refused to determine the matter, the court exercised its supervisory jurisdiction to direct the committee to deliver its award within 30 days. The court held that if the committee failed to do so, its mandate would stand terminated and the matters would proceed before the Rongo Law Courts. Each party was ordered to bear its own costs.

Citation
[2023] KEHC 20993 (KLR)
Parties
Applicant: Job Oino Ogake; Respondent: Transmara Sugar Co. Ltd
Court
High Court
Court Station
High Court at Migori
Jurisdiction
Kenya
Judgment Date
20 July 2023
Case Number
Miscellaneous Application 29 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Application to Terminate Arbitrator's Mandate
Outcome
Conditional allowance of application; arbitration committee directed to deliver award within 30 days or mandate terminates.
Judges
RPV Wendoh
Legal Topics
Arbitration Committee Mandate, Termination of Arbitrator, Procedural Irregularity, Delay in Arbitral Award
Source Language
English
Alternative Dispute Resolution Civil Procedure Arbitration Committee Mandate Termination of Arbitrator Procedural Irregularity Delay in Arbitral Award

Case Brief

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Parties

Job Oino Ogake

Applicant

Transmara Sugar Co. Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Terminate Arbitrator's Mandate

Legal Issues

  1. 1 Whether the application to terminate the mandate of the Nyamarambe Division Arbitration Committee was properly before the court given the mode of commencement.
  2. 2 Whether the delay by the arbitration committee in delivering the arbitral award justified termination of its mandate.
  3. 3 Whether the court should order the matters to proceed before the Rongo Principal Magistrate’s Court.

Ratio Decidendi

The court found that the application was improperly commenced by Notice of Motion instead of Originating Summons as required by Rule 3(1) of the Arbitration Rules, rendering it incompetent and fatally defective. However, considering the advanced stage of the arbitration proceedings and the absence of evidence that the arbitration committee had refused to determine the matter, the court exercised its supervisory jurisdiction to direct the committee to deliver its award within 30 days. The court held that if the committee failed to do so, its mandate would stand terminated and the matters would proceed before the Rongo Law Courts. Each party was ordered to bear its own costs.

Court Disposition

Conditional allowance of application; arbitration committee directed to deliver award within 30 days or mandate terminates.

Orders

  • The Chairperson and Members of the Nyamarambe Arbitration Committee to deliver the arbitral award within 30 days of the ruling.
  • In default, the committee’s mandate will stand terminated and the matters will be heard and determined as filed before the Rongo Law Courts.