In the application dated 22.05.2023, the Plaintiff seeks an order directing the Chair of the Chartered Institute of Arbitrators (Kenya Branch) to appoint an arbitrator to resolve the dispute in terms of the consent entered on 10.03.2023 referring the matter to arbitration.
When the matter came up previously, I directed the parties to agree on an arbitrator failing which the court would make an appointment in order to avoid delay. The parties are unable to agree on a suitable arbitrator. In order to give effect to the consent referring this suit to arbitration, I allow the application dated 22.05.2023 and order as follows:
1. Mr Mwaniki Gachuba, Advocate be and is hereby appointed as arbitrator in this matter by the court to conduct the Arbitration in accordance with the Order 46 of the Civil Procedure Rules.
2. The Arbitration shall be completed within 6 months from the date hereof.
3. Each party shall bear their own costs subject to the ultimate order on costs by Arbitrator in the award.
DATED and DELIVERED at NAIROBI this 13th day of JUNE 2023
D. S. MAJANJA
JUDGE