Kenya Case Law

Uni Industries East Africa Limited v Murray

Uni Industries East Africa Limited v Murray [2023] KEHC 4081 (KLR)

Court

High Court

Case number

Miscellaneous Application E517 of 2022

Judge

DO Chepkwony

The court found that although the arbitrator's law firm drafted pleadings in a separate Succession Cause containing allegations against the applicant's advocates, these were not the arbitrator's personal views but those of the deponent in that matter. The court held that the applicant failed to establish that the circumstances were sufficiently stringent or justifiable to raise real doubts as to the arbitrator's impartiality or independence. The court further determined that the challenge was not time barred, as the applicant acted within 15 days of becoming aware of the relevant circumstance…

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• Arbitrator Removal
• Impartiality And Independence
• Conflict Of Interest
• Challenge Procedure
• Arbitration Act Section 14

Nairobi Properties Limited v Africa Medicity Limited & another

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

Court

High Court

Case number

Miscellaneous Application E030 of 2022

Judge

DAS Majanja

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…

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• Arbitrator Bias
• Arbitrator Removal
• Challenge Procedure
• Impartiality
• Arbitration Act Section 13
• Arbitration Act Section 15

Richlands Limited v Jinsing Enterprises Company Limited & another

Richlands Limited v Jinsing Enterprises Company Limited & another [2022] KEHC 12967 (KLR)

Court

High Court

Case number

Arbitration Cause E027 of 2021

Judge

A Mabeya

The court found that the applicant had not established any justifiable grounds for the removal of the arbitrator. Evidence showed that the applicant was notified of the declaration of a dispute and given an opportunity to participate in the appointment of the arbitrator but failed to do so. The correspondence produced demonstrated that attempts at amicable settlement were made, satisfying the contractual precondition for arbitration. The applicant's challenge to the arbitrator was brought well outside the statutory 15-day period prescribed by section 14 of the Arbitration Act, with no applica…

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• Arbitrator Removal
• Prematurity Of Arbitration
• Contractual Dispute Resolution Clauses
• Impartiality And Bias
• Challenge Procedure
• Construction Contracts

The Office Bearers of Mtongwe Beach Management Unit & 2 others v Kenya Ports Authority & 2 others

The Office Bearers of Mtongwe Beach Management Unit & 2 others v Kenya Ports Authority & 2 others [2022] KEHC 11600 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E005 of 2021

Judge

JM Mativo

The High Court dismissed an application to remove an arbitrator and set aside an interim award, finding the challenge premature and unsupported by the statutory grounds.

• Arbitrator Removal
• Challenge Procedure
• Bias And Impartiality
• Setting Aside Award
• Arbitrator-removal
• Arbitration-challenge-procedure

Squishy Drinks Limited v Kevian Kenya Limited

Squishy Drinks Limited v Kevian Kenya Limited [2020] KEHC 4090 (KLR)

Court

High Court

Case number

Civil Case 114 of 2019

Judge

DAS Majanja

The court held that the arbitration proceedings had not lapsed, as they were commenced pursuant to the arbitration clause in the Asset Purchase Agreement and governed by the Arbitration Act, not by the court's order or the Civil Procedure Rules. The 90-day period referenced in the earlier court order only limited interim relief, not the arbitration itself. The court further found that the plaintiff had not properly invoked the statutory procedure for challenging the arbitrator under section 14(2) of the Arbitration Act, as any grounds for challenge should first be addressed to the arbitrator…

Source excerpt

• Arbitrator Removal
• Arbitration Clauses
• Impartiality And Independence
• Arbitration Fees
• Challenge Procedure
• Contractual Dispute Resolution

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