In the application dated 13.02.2023 the Applicant seeks to set aside certain directions issued by the Arbitrator allowing the 1st respondent time to oppose an application seeking recusal of the Arbitrator. It states that the Arbitrator ought to his default or peremptory powers and considered the application as unopposed.
Counsel for the Applicant conceded that the application for the Arbitrator's recusal has not been heard and determined and that the order made was merely procedural. Under section 10 of the Arbitration Act, this court can only intervene in specific instances provided for under the Act. There is no general right to approach the court by a party who feels aggrieved by procedural directions issued by the Arbitrator from time to time. In this instance, the Applicant must wait for the Arbitrator to rule on the recusal and if it is dissatisfied with the decision, it may lodge an application under section 14 of the Arbitration Act before the High Court. I therefore hold that the application is not only premature but also incompetent.
It is struck with no order as to costs.
DATED and DELIVERED at NAIROBI this 6th day of MARCH 2023
D. S. MAJANJA
JUDGE