[2013] KEHC 3667 (KLR)

[2013] KEHC 3667 (KLR)

The court found that the arbitral tribunal acted without jurisdiction when it proceeded to make an award after the original complainant had withdrawn his complaint. There was no evidence that the PAG (K) Church or any other entity had taken over the complaint, and the withdrawal was not effectively challenged. The...

Source-derived case information.

Citation
[2013] KEHC 3667 (KLR)
Parties
Applicant: Rev. Isaac Murwon; Respondent: Rev. Simon Alovi
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
25 April 2013
Case Number
Civil Application 99 of 2013
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Application allowed. Arbitral award set aside. Costs to the applicant.
Legal Topics
Arbitral Award Setting Aside, Withdrawal of Complaint, Tribunal Jurisdiction
Source Language
english
Civil Procedure Alternative Dispute Resolution Arbitral Award Setting Aside Withdrawal of Complaint Tribunal Jurisdiction

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Summary, issues, holding and outcome

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Parties

Rev. Isaac Murwon

Applicant

Rev. Simon Alovi

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the arbitral award made on 15-3-2013 should be set aside given the withdrawal of the complaint by the complainant.
  2. 2 Whether the tribunal had jurisdiction to proceed and make an award after the withdrawal of the complaint.
  3. 3 Whether the applicant's privileges and office should be restored following the setting aside of the award.

Ratio Decidendi

The court found that the arbitral tribunal acted without jurisdiction when it proceeded to make an award after the original complainant had withdrawn his complaint. There was no evidence that the PAG (K) Church or any other entity had taken over the complaint, and the withdrawal was not effectively challenged. The tribunal therefore exceeded its mandate by adjudicating a non-existent dispute. As a result, the arbitral award made on 15-3-2013 was set aside, and the applicant's privileges and office were ordered to be restored. The court emphasized that the presence of a valid complaint is a prerequisite for the exercise of arbitral jurisdiction, and in its absence, any orders made are null...

Court Disposition

Application allowed. Arbitral award set aside. Costs to the applicant.

Orders

  • The arbitral award made on 15-3-2013 is set aside.
  • The applicant's privileges, including the office of General Treasurer, unpaid salaries, and other incidentals curtailed by the award, are restored to the applicant.