Kenya Case Law

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)

Court

High Court

Case number

Miscellaneous Case 37 of 2017

Judge

F Tuiyott

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

PERMA STRUCTURAL ENGINEERING COMPANY v RIFT VALLEY WATER SERVICES LIMITED

PERMA STRUCTURAL ENGINEERING COMPANY v RIFT VALLEY WATER SERVICES LIMITED [2012] KEHC 2900 (KLR)

Court

High Court

Case number

Civil Suit 178 of 2011

Judge

MJA Emukule

The court found that while the applicant raised concerns about the arbitrator's impartiality, the arbitrator was not served with the application and thus could not be condemned unheard, in line with the rules of natural justice. The court held that it retained jurisdiction to hear the application under the Arbitration Act and the Constitution, but the plaintiff lacked capacity to prosecute the suit as the entity named in the suit was not the same as the one party to the contract and wound up. The application to disqualify the arbitrator was therefore dismissed, primarily on the grounds of lac…

Source excerpt

• Arbitrator Disqualification
• Capacity To Sue
• Court Jurisdiction Over Arbitration
• Contractual Disputes
• Winding Up And Company Status
• Natural Justice

ALLIANCE MEDIA KENYA LIMITED v MONIER 2000 LIMITED & NJOROGE REGERU

ALLIANCE MEDIA KENYA LIMITED v MONIER 2000 LIMITED & NJOROGE REGERU [2007] KEHC 2518 (KLR)

Court

High Court

Case number

Civil Case 370 of 2007

Judge

MA Warsame

The court held that there was no reasonable basis or evidence to support the applicant's claim of bias or conflict of interest on the part of the arbitrator. The past employment and marital status of Mrs. Fellicine Havi, wife of the 1st respondent's advocate, in the arbitrator's firm did not, in the circumstances, create a real danger or reasonable apprehension of bias. The applicant and its advocates were aware of the relevant facts since 2005, participated in the arbitration without objection, and only raised the issue after the proceedings were substantially complete. The court found that…

Source excerpt

• Arbitrator Disqualification
• Conflict Of Interest
• Impartiality Of Arbitrator
• Arbitration Procedure
• Natural Justice