[2001] KEHC 178 (KLR)

[2001] KEHC 178 (KLR)

The court found that the D.O. deviated from the express terms of the consent order by failing to allow the plaintiff to appoint a replacement elder after one of his nominees became a witness. Instead, the D.O. proceeded with a panel of three elders, contrary to the agreed procedure that required each party to...

Source-derived case information.

Citation
[2001] KEHC 178 (KLR)
Parties
Plaintiff: Samuel Abuya Ambija; Respondent: Willys Onyango Samo
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
26 June 2001
Case Number
? 382 of 1997
Procedural Posture
Civil Case / Ruling on Application to Set Aside Arbitration Award
Outcome
award set aside
Judges
ICC Wambilyangah
Legal Topics
Arbitration Panel Composition, Consent Orders, Setting Aside Award
Source Language
english
Civil Procedure Arbitration Panel Composition Consent Orders Setting Aside Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel Abuya Ambija

Plaintiff

Willys Onyango Samo

Respondent

Procedural Posture

Civil Case / Ruling on Application to Set Aside Arbitration Award

Legal Issues

  1. 1 Whether the D.O. complied with the terms of the consent order regarding the composition of the arbitration panel.
  2. 2 Whether failure to allow the plaintiff to appoint a replacement elder constituted misconduct warranting setting aside the award.

Ratio Decidendi

The court found that the D.O. deviated from the express terms of the consent order by failing to allow the plaintiff to appoint a replacement elder after one of his nominees became a witness. Instead, the D.O. proceeded with a panel of three elders, contrary to the agreed procedure that required each party to appoint two elders. This constituted a grave error and misconduct, as it denied the plaintiff his right to participate in the composition of the arbitration panel as per the consent order. The deviation from the agreed process undermined the integrity of the arbitration and justified setting aside the award. The court therefore set aside the D.O.'s award as sought in the Notice of...

Court Disposition

award set aside

Orders

  • The award of the D.O. is set aside as sought in the Notice of Motion dated 10th April 2001.
  • No order as to costs.