[2018] KEHC 1570 (KLR)

[2018] KEHC 1570 (KLR)

The court found that the mediator did not file a certificate of non-compliance as required by the relevant practice direction, but merely notified the court that the parties had failed to reach a settlement. In the absence of a formal certificate of non-compliance, the court held that it could not levy sanctions against the defendant. The matter was therefore directed to proceed to hearing before the court, and parties were instructed to comply with case management procedures.

Citation
[2018] KEHC 1570 (KLR)
Parties
Plaintiff: Tri-Source Engineering Ltd; Defendant: National Irrigation Board (NIB)
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
13 December 2018
Case Number
Civil Case 4 of 2018
Procedural Posture
Civil Case / Ruling on Mediation Compliance and Request for Sanctions
Outcome
No sanctions levied; matter to proceed to hearing.
Judges
MM Kasango
Legal Topics
Mediation Process, Case Management, Sanctions for Non Compliance
Source Language
English
Civil Procedure Commercial and Corporate Mediation Process Case Management Sanctions for Non Compliance

Case Brief

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Parties

Tri-Source Engineering Ltd

Plaintiff

National Irrigation Board (NIB)

Defendant

Procedural Posture

Civil Case / Ruling on Mediation Compliance and Request for Sanctions

Legal Issues

  1. 1 Whether the defendant failed to comply with the mediation process as required by court directions.
  2. 2 Whether sanctions should be levied against the defendant for alleged non-compliance with mediation procedures.

Ratio Decidendi

The court found that the mediator did not file a certificate of non-compliance as required by the relevant practice direction, but merely notified the court that the parties had failed to reach a settlement. In the absence of a formal certificate of non-compliance, the court held that it could not levy sanctions against the defendant. The matter was therefore directed to proceed to hearing before the court, and parties were instructed to comply with case management procedures.

Court Disposition

No sanctions levied; matter to proceed to hearing.

Orders

  • No sanctions are levied against the defendant.
  • Parties are directed to comply with Case Management Conference procedures.