In the application dated 18.01.2023, the Applicant seeks to set aside the order made on 15.02.2022 marking the matter as settled and directing the parties to bear their own costs. The Applicant claims that it did not consent to the orders and that the Respondent's counsel misled the court into making the orders in his absence.
I have considered the parties submissions and I decline to set aside the orders as the parties by themselves have consented to resolve the application seeking to set aside an arbitral award and the application to enforce the arbitral award. Since the parties have settled the matter and costs are in the discretion of the court, the most appropriate order would be for the parties to bear their respective costs.
he application dated 18.01.2023 is dismissed with no order as to costs.
DATED and DELIVERED at NAIROBI this 19th day of APRIL 2023
D. S. MAJANJA
JUDGE