In the Originating Summons dated 31.05.2022, the Applicant seeks an order to vest in the Chairperson of the Chartered Institute of Arbitrators the authority to appoint an arbitrator to resolve the dispute between the Applicant and Respondent. The application is grounded on Clause 27 of the Contract between the parties which states under the heading; Dispute Resolution, ‘’Negotiation, Mediation, Arbitration.’’ This short clause does not provide for the manner of appointment of arbitrator in the event parties fail to agree on an arbitrator hence it is null and void. Further, the provisions of Arbitration Act dealing with appointment of an arbitral tribunal proceed on the basis of mutual consent by the parties and only come into play where one party has defaulted. The application is therefore dismissed but with no order as to costs.
DATED and DELIVERED at NAIROBI this 2nd day of MARCH 2023
D. S. MAJANJA
JUDGE