' 1. The Applicant has moved this Court by a Notice of Motion dated 24 April 2025 brought under Sections 12 of the Arbitration Act, 1995 and the Arbitration Rules. The substantive prayer is for the appointment of a sole arbitrator to determine the dispute arising under the agreement dated 5th June 2023
2. Arbitration in Kenya is recognised as a voluntary and contractual process, dependent on the consent of the parties. The present contract, at Clause 31, contains an arbitration clause which provides that disputes shall first be subjected to consultation as a condition precedent to reference to arbitration.
3. The record shows that the parties engaged in consultation as required by Clause 31. Further, the letter dated 4th February 2025 addressed to the Chartered Institute of Arbitrators (Kenya Branch) confirms that the Applicant sought the intervention of the Institute, but was unable to secure an appointment before approaching this Court.
4. The Respondent, though served, has not filed any response to oppose the application.
5. Having considered the application, the supporting affidavit, and the annexed documents, I am satisfied that there exists a valid arbitration agreement and that the conditions precedent to reference have been met. Section 12(3) of the Arbitration Act empowers this Court to appoint an arbitrator where the parties fail to do so.
6. Accordingly, I allow the application. I hereby refer the dispute to the Chairman of the Chartered Institute of Arbitrators (Kenya Branch) to nominate an arbitrator as sole arbitrator to hear and determine the present dispute.
7. Costs of this application shall be in the cause.
Orders accordingly.
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2. Arbitration in Kenya is recognised as a voluntary and contractual process, dependent on the consent of the parties. The present contract, at Clause 31, contains an arbitration clause which provides that disputes shall first be subjected to consultation as a condition precedent to reference to arbitration.
3. The record shows that the parties engaged in consultation as required by Clause 31. Further, the letter dated 4th February 2025 addressed to the Chartered Institute of Arbitrators (Kenya Branch) confirms that the Applicant sought the intervention of the Institute, but was unable to secure an appointment before approaching this Court.
4. The Respondent, though served, has not filed any response to oppose the application.
5. Having considered the application, the supporting affidavit, and the annexed documents, I am satisfied that there exists a valid arbitration agreement and that the conditions precedent to reference have been met. Section 12(3) of the Arbitration Act empowers this Court to appoint an arbitrator where the parties fail to do so.
6. Accordingly, I allow the application. I hereby refer the dispute to the Chairman of the Chartered Institute of Arbitrators (Kenya Branch) to nominate an arbitrator as sole arbitrator to hear and determine the present dispute.
7. Costs of this application shall be in the cause.
Orders accordingly.
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