The Defendant and the affected party have filed the application dated 02.03.2023 seeking to reinstate interim orders of protection pending arbitration that were granted on 08.02.2023 but lapsed on 01.03.2023. I have heard the parties and I am not inclined to reinstate the order for the reason that by a ruling dated 28.04.2022 the court referred the matter to arbitration and discharged the interim injunction in force. It is now almost a year since the suit was stayed to enable the parties pursue the arbitration but it appears nothing has been done or at any rate there has been delay by the parties in following up the the procedure agreed upon. I decline to grant the injunction as the matter is now firmly within the provide of the arbitrator.
Consequently, the application dated 02.03.2023 is dismissed and so is the application dated 07.02.2023. There shall be no order as to costs. Since the suit has been stayed pending arbitration, this matter is now closed.
DATED and DELIVERED at NAIROBI this 9th day of MARCH 2023
D. S. MAJANJA
JUDGE