[2018] KEHC 9191 (KLR)

[2018] KEHC 9191 (KLR)

The court found that the arbitrator acted within his statutory mandate by determining the order of applications and managing the proceedings. The applicant's challenge to the arbitrator's impartiality was not substantiated by evidence of bias or inability to perform. The arbitrator's request for clarity on meeting...

Source-derived case information.

Citation
[2018] KEHC 9191 (KLR)
Parties
Applicant: Shree Haree Builders Limited; Respondent: Bazara Alex Tabulo; Respondent: Walter Odundo
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
23 May 2018
Case Number
Civil Case 489 of 2015
Procedural Posture
Miscellaneous Application / Judgment
Outcome
application dismissed with costs
Judges
BT Jaden
Legal Topics
Arbitrator Removal, Impartiality of Arbitrator, Arbitration Procedure, Challenge to Jurisdiction
Source Language
english
Alternative Dispute Resolution Civil Procedure Arbitrator Removal Impartiality of Arbitrator Arbitration Procedure Challenge to Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Shree Haree Builders Limited

Applicant

Bazara Alex Tabulo

Respondent

Walter Odundo

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the mandate of the arbitrator should be terminated for lack of independence or impartiality.
  2. 2 Whether the arbitrator failed to conduct proceedings properly and with reasonable dispatch.
  3. 3 Whether the arbitrator treated the parties with equality as required by the Arbitration Act.

Ratio Decidendi

The court found that the arbitrator acted within his statutory mandate by determining the order of applications and managing the proceedings. The applicant's challenge to the arbitrator's impartiality was not substantiated by evidence of bias or inability to perform. The arbitrator's request for clarity on meeting agendas and his decision to hear the jurisdictional objection first were within his powers and did not amount to unfairness or lack of impartiality. The applicant failed to comply with tribunal directions and did not demonstrate that the arbitrator failed to treat the parties equally or to conduct the proceedings with reasonable dispatch. The court concluded that there was no...

Court Disposition

application dismissed with costs

Orders

  • The Originating Summons is dismissed with costs to the respondents.