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Kenya Case Law

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Alternative Dispute Resolution [2023] KEHC 21414 (KLR)

Onyango & another v Harin Builders Limited & another

Onyango & another v Harin Builders Limited & another [2023] KEHC 21414 (KLR)

The High Court dismissed an application to remove a sole arbitrator, holding that the applicants had not proved bias, lack of independence, or misconduct with cogent evidence.

  • Removal Of Arbitrator
  • Impartiality And Independence
  • Arbitration Act Section 13
  • Interim Arbitral Award
  • Privity Of Contract
  • Arbitrator-removal
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Alternative Dispute Resolution [2023] KEHC 2741 (KLR)

Nairobi Properties Limited v Africa Medicity Limited & another

Nairobi Properties Limited v Africa Medicity Limited & another [2023] KEHC 2741 (KLR)

The court found that the applicant failed to establish any cogent basis for the removal of the arbitrator on grounds of bias, impartiality, or inability to act. The court reviewed the chronology of the arbitral proceedings and determined that the arbitrator conducted the proceedings with reasonable dispatch and that delays were not inordinate or attributable solely to the arbitrator. The court held that the applicant's dissatisfaction arose from adverse interlocutory rulings rather than evidence of bias or partiality. The arbitrator's findings in the discovery award were provisional and did n…

  • Arbitrator Bias
  • Arbitrator Removal
  • Challenge Procedure
  • Impartiality
  • Arbitration Act Section 13
  • Arbitration Act Section 15
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Alternative Dispute Resolution [2017] KEHC 28 (KLR)

Runji & Partners Consulting Engineers &Planners; Ltd v National Water Conservation & Pipeline Corporation & Tom Onyango Oketch

Runji & Partners Consulting Engineers &Planners; Ltd v National Water Conservation & Pipeline Corporation & Tom Onyango Oketch [2017] KEHC 28 (KLR)

The High Court declined to disqualify an arbitrator under section 13(3) of the Arbitration Act, finding no justifiable doubts about impartiality or independence.

  • Arbitrator Disqualification
  • Impartiality And Independence
  • Arbitration Act Section 13
  • Challenge Procedure
  • Bias In Arbitration
  • Arbitrator-disqualification
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