1. The application before the Court is dated 8.7.2026. It is brought under a Certificate of Urgency.
2. It seeks the orders that the Arbitral proceedings be stayed pending the hearing of this application on priority basis.
3. Mr. Ochieng holding brief for Prof. Tom Ojienda, Senior Counsel indicated to the Court that he had been served with the orders of this Court, but no application.
4. The court directed that Mr. Orwenyo for the Applicant serves them again. This was done and acknowledged by Mr. Ochieng.
5. Mr. Orwenyo submits that the Court is proceeding on recess.
That in the meantime the Arbitral proceedings are ongoing and all the pleadings have been filed. The matter might move on to the hearing stage.
6. Mr. Ochieng strongly opposes the granting of any interim orders. He submits that the Arbitral process should not be derailed. This is an old matter. That parties can be heard in an application for setting aside after the Award has been published. This is if the need for such application arises.
7. The Court is persuaded that in view of the challenge to the Arbitrators impartially, the Court ought to hear this application.
8. It is also minded to grant the stay in terms of prayers No.2 of the application dated 8.7.2026.
9. The Court will fast track the hearing of the application and gives the following directions:
a) The Respondent to file a Replying Affidavit within 14 days.
b) The Applicant to file a Further Affidavit (if any) and written
submissions within 14 days.
c) The Respondent to file submissions within days.
d) The parties to comply with the timeliness strictly.
e) Highlighting of submissions on 7.10.2026.
8. It is so ordered.
Mr. Ochieng: We seek leave to appeal.
Mr. Orwenyo: We are not opposed.
Court: Leave to appeal is granted.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 27TH DAY OF JULY, 2026
NJOROGE BENJAMIN K.
JUDGE
2. It seeks the orders that the Arbitral proceedings be stayed pending the hearing of this application on priority basis.
3. Mr. Ochieng holding brief for Prof. Tom Ojienda, Senior Counsel indicated to the Court that he had been served with the orders of this Court, but no application.
4. The court directed that Mr. Orwenyo for the Applicant serves them again. This was done and acknowledged by Mr. Ochieng.
5. Mr. Orwenyo submits that the Court is proceeding on recess.
That in the meantime the Arbitral proceedings are ongoing and all the pleadings have been filed. The matter might move on to the hearing stage.
6. Mr. Ochieng strongly opposes the granting of any interim orders. He submits that the Arbitral process should not be derailed. This is an old matter. That parties can be heard in an application for setting aside after the Award has been published. This is if the need for such application arises.
7. The Court is persuaded that in view of the challenge to the Arbitrators impartially, the Court ought to hear this application.
8. It is also minded to grant the stay in terms of prayers No.2 of the application dated 8.7.2026.
9. The Court will fast track the hearing of the application and gives the following directions:
a) The Respondent to file a Replying Affidavit within 14 days.
b) The Applicant to file a Further Affidavit (if any) and written
submissions within 14 days.
c) The Respondent to file submissions within days.
d) The parties to comply with the timeliness strictly.
e) Highlighting of submissions on 7.10.2026.
8. It is so ordered.
Mr. Ochieng: We seek leave to appeal.
Mr. Orwenyo: We are not opposed.
Court: Leave to appeal is granted.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 27TH DAY OF JULY, 2026
NJOROGE BENJAMIN K.
JUDGE