RULING
1. The applicant’s notice of motion dated 28.08.2025 is brought primarily under section 12 of the Arbitration Act.
2. The applicant seeks an order that an arbitrator duly registered by the Chartered Institute of Arbitrators, Kenya be appointed as a single arbitrator to hear and determine the dispute between the applicant and the respondent arising from contract number 7/KBC/2021-22.
3. The applicant also seeks in the alternative an order directing or vesting authority to the Chairman of the Chartered Institute of Arbitrators to appoint an arbitrator to hear and determine the dispute.
4. The application is supported by an affidavit sworn by Festus Kiptoo Kogo on 28.8.2025.
5. The matter was slated for a ruling on 23.4.2026.
6. However, the applicant filed the notice of withdrawal dated 10.3.2026 to the effect that it wishes to withdraw its entire claim against the respondent as contained in the notice of motion dated 28.8.2026 with no orders as to costs.
7. The respondent filed a memorandum of appearance dated 6.10.2025. It did not file a substantive response to the application.
8. I therefore mark the applicant’s claim against the respondent as contained in the notice of motion dated 28.8.2026 withdrawn with no orders as to costs.
9. File closed.
Dated, signed and delivered at Nairobi through Microsoft Teams online application this 23rd day of April, 2026
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F. Gikonyo M
Judge
In the presence of: -
Aguko for Applicant
Ms. Kwaye for KBL
CA – Ivan/Aggrey
1. The applicant’s notice of motion dated 28.08.2025 is brought primarily under section 12 of the Arbitration Act.
2. The applicant seeks an order that an arbitrator duly registered by the Chartered Institute of Arbitrators, Kenya be appointed as a single arbitrator to hear and determine the dispute between the applicant and the respondent arising from contract number 7/KBC/2021-22.
3. The applicant also seeks in the alternative an order directing or vesting authority to the Chairman of the Chartered Institute of Arbitrators to appoint an arbitrator to hear and determine the dispute.
4. The application is supported by an affidavit sworn by Festus Kiptoo Kogo on 28.8.2025.
5. The matter was slated for a ruling on 23.4.2026.
6. However, the applicant filed the notice of withdrawal dated 10.3.2026 to the effect that it wishes to withdraw its entire claim against the respondent as contained in the notice of motion dated 28.8.2026 with no orders as to costs.
7. The respondent filed a memorandum of appearance dated 6.10.2025. It did not file a substantive response to the application.
8. I therefore mark the applicant’s claim against the respondent as contained in the notice of motion dated 28.8.2026 withdrawn with no orders as to costs.
9. File closed.
Dated, signed and delivered at Nairobi through Microsoft Teams online application this 23rd day of April, 2026
-------------
F. Gikonyo M
Judge
In the presence of: -
Aguko for Applicant
Ms. Kwaye for KBL
CA – Ivan/Aggrey