The Plaintiff in the application dated 14.04.2015 seeks reference of the subject matters to arbitration. Given the length of time it has taken to resolve the matters and their nature, it is the interests of justice that the same be referred to arbitration by an order of this court in line with Article 159 of the Constitution.
The application dated 14.04.2013 is allowed on the following terms:
1. The arbitration shall proceed under the court under Order 45 of the Civil Procedure Rules.
2. The parties shall agree on arbitrator within 21 days from the date hereof. In default of such agreement the Chairperson of the Chartered Institute of Arbitrators Kenya Branch shall appoint a sole arbitrator to determine the dispute within a period of 6 months from the date of appointment.
3. Costs in the cause.
DATED and DELIVERED at NAIROBI this 9th day of OCTOBER 2023
D. S. MAJANJA
JUDGE