[2023] KEHC 21889 (KLR)
The court held that punishing arbitrators for alleged disobedience of court orders is contrary to the constitutional mandate to promote alternative dispute resolution (ADR) under Article 159. The judiciary is encouraged to facilitate dialogue and implementation of ADR and AJS (Alternative Justice Systems) to address...
Source-derived case information.
- Citation
- [2023] KEHC 21889 (KLR)
- Parties
- Applicant: Paragon Electronics Ltd; Respondent: Njeri Kariuki (Arbitrator); Interested Party: Amama Yusuf Esufali
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E006 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Punish Arbitrator for Disobedience of Court Order
- Outcome
- Application held in abeyance; parties directed to engage in dialogue and appear virtually for further directions.
- Judges
- AN Ongeri
- Legal Topics
- Arbitrator Conduct, Court Orders in Arbitration, Article 159 Constitution, Alternative Dispute Resolution Promotion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paragon Electronics Ltd
Applicant
Njeri Kariuki (Arbitrator)
Respondent
Amama Yusuf Esufali
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application to Punish Arbitrator for Disobedience of Court Order
Legal Issues
- 1 Whether the arbitrator should be punished for alleged disobedience of a court order.
- 2 Whether punishing arbitrators promotes the objectives of alternative dispute resolution and access to justice.
Ratio Decidendi
The court held that punishing arbitrators for alleged disobedience of court orders is contrary to the constitutional mandate to promote alternative dispute resolution (ADR) under Article 159. The judiciary is encouraged to facilitate dialogue and implementation of ADR and AJS (Alternative Justice Systems) to address case backlogs and promote access to justice. The application to punish the arbitrator was held in abeyance, and the parties were directed to engage in dialogue to resolve the misunderstanding regarding the arbitrator's conduct. The court emphasized that punitive measures against arbitrators would not further the objectives of social transformation through access to justice.
Court Disposition
Application held in abeyance; parties directed to engage in dialogue and appear virtually for further directions.
Orders
- Application dated 16/2/2023 held in abeyance.
- Parties to avail themselves for dialogue to resolve the misunderstanding about the conduct of the arbitrator.
Full Case Text
Judgment text and source record
27 paragraphs
Paragon Electronics Ltd v Njeri Kariuki (Arbitrator); Esufali (Interested Party) (Civil Miscellaneous Application E006 of 2022) [2023] KEHC 21889 (KLR) (Civ) (14 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21889 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Miscellaneous Application E006 of 2022
AN Ongeri, J
August 14, 2023
Between
Paragon Electronics Ltd
Applicant
and
Njeri Kariuki (Arbitrator)
Respondent
and
Amama Yusuf Esufali
Interested Party
Ruling
1. This application dated 16/2/2023 is seeking to punish an arbitrator for disobedience of a court order. It could be that arbitrator is overzealous about her work.
2. The judiciary is the people’s institution of last resort in matters of litigation.
3. The courts are overwhelmed with work and Article 159 holds the key to the perennial problem of backlog and also the acrimony associated with the adversarial system Kenya inherited from her colonizers.
4. We are now in the era where we are promoting ADR in accordance with Article 159 of the Constitution of Kenya 2010.
5. We are in the process of implementation of AJS and punishing the arbitrators and mediators will not promote our agenda of STAJ (social transformation through access to justice).
6. I direct that the parties in this case avail themselves for a dialogue aimed at resolving the misunderstanding about the conduct of the arbitrator.
7. I hold the application dated 16/2/2023 in abeyance and I direct that parties avail themselves on 4/10/2023 at 2. 30pm virtually for directions and the way forward.
8. The arbitrator to join the virtual court if possible.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 14TH DAY OF AUGUST, 2023. A. N. ONGERIJUDGEIn the presence of:.................................. for the Applicant................................. for the Respondent............................................ for the Interested Party