[2024] KEHC 14207 (KLR)

[2024] KEHC 14207 (KLR)

The court accepted the parties' agreement that the respondent ceases to be the arbitrator. The court directed the parties to agree on the arbitrator's fees within 30 days, failing which the respondent may apply for determination under the Arbitration Act. The court also allowed the applicant and interested party to...

Source-derived case information.

Citation
[2024] KEHC 14207 (KLR)
Parties
Applicant: Paragon Electronics Limited; Respondent: Njeri Kariuki; Interested Party: Yusuf Sharafally Esurali; Interested Party: Amama Yusuf Esufali
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Application E006 of 2022
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Application marked as closed; parties to agree on arbitrator's fee or apply for determination; each party to bear own costs.
Judges
AN Ongeri
Legal Topics
Arbitrator Removal, Arbitration Fees, Mediation Failure
Source Language
en
Alternative Dispute Resolution Arbitrator Removal Arbitration Fees Mediation Failure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Paragon Electronics Limited

Applicant

Njeri Kariuki

Respondent

Yusuf Sharafally Esurali

Interested Party

Amama Yusuf Esufali

Interested Party

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the respondent should cease to act as arbitrator between the applicant and respondent.
  2. 2 How the arbitrator's fees should be determined following cessation of appointment.
  3. 3 Whether the applicant and interested party can agree on the way forward after failed mediation.

Ratio Decidendi

The court accepted the parties' agreement that the respondent ceases to be the arbitrator. The court directed the parties to agree on the arbitrator's fees within 30 days, failing which the respondent may apply for determination under the Arbitration Act. The court also allowed the applicant and interested party to determine the way forward in their dispute, marked the file as closed, and ordered each party to bear their own costs. The decision is grounded in the parties' consent and the statutory framework for resolving arbitrator fee disputes.

Court Disposition

Application marked as closed; parties to agree on arbitrator's fee or apply for determination; each party to bear own costs.

Orders

  • The respondent ceases to be the arbitrator between the applicant and respondent.
  • Parties to agree on the fee payable to the respondent within 30 days.