RULING
1. The claimant filed the notice of motion dated 20.11.2025 seeking adoption of an interim order issued by the arbitrator on 6.11.2025 as an order of the court.
2. The subject interim order was to the effect that the status quo obtaining at the construction site be maintained until the conclusion of the arbitral proceedings upon the claimant’s advocates filing a formal application under certificate of urgency.
3. On 17.12.2025, the ruling was scheduled for delivery on 30.4.2026.
4. However, while preparing the ruling, the court noted that the respondent filed a notice of motion dated 27.2.2026 seeking to arrest the delivery of the ruling of 30.4.2026 citing lack of proper service as service was effected through a wrong email address.
5. Through a letter dated 10.3.2026, the claimant’s advocates indicated that they had no opposition to the respondent’s application and suggested that the matter be marked as spent or overtaken by events.
6. They also suggested that the respondent files its replying affidavit to their notice of motion dated 20.11.2026.
7. There is need for a clarification on this contradiction.
8. The claimant also filed a chamber summons dated 24.4.2026 seeking adoption of the partial or interim arbitral award delivered on 19.3.2026.
9. Upon confirmation that it is the notice of motion dated 20.11.2026 that should be marked as spent or overtaken by events, the court should give its directions for the filing of responses to the chamber summons dated 24.4.2026 and hereby vacates the earlier orders granting a ruling date. It is so ordered.
Dated, signed and delivered at Nairobi through Microsoft Teams online application this 30th day of April, 2026
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F. Gikonyo M
Judge
In the presence of: -
Ms. Akello for Applicant
Ms. Oderi for Otunga for Respondent
CA – Ivan/Aggrey
1. The claimant filed the notice of motion dated 20.11.2025 seeking adoption of an interim order issued by the arbitrator on 6.11.2025 as an order of the court.
2. The subject interim order was to the effect that the status quo obtaining at the construction site be maintained until the conclusion of the arbitral proceedings upon the claimant’s advocates filing a formal application under certificate of urgency.
3. On 17.12.2025, the ruling was scheduled for delivery on 30.4.2026.
4. However, while preparing the ruling, the court noted that the respondent filed a notice of motion dated 27.2.2026 seeking to arrest the delivery of the ruling of 30.4.2026 citing lack of proper service as service was effected through a wrong email address.
5. Through a letter dated 10.3.2026, the claimant’s advocates indicated that they had no opposition to the respondent’s application and suggested that the matter be marked as spent or overtaken by events.
6. They also suggested that the respondent files its replying affidavit to their notice of motion dated 20.11.2026.
7. There is need for a clarification on this contradiction.
8. The claimant also filed a chamber summons dated 24.4.2026 seeking adoption of the partial or interim arbitral award delivered on 19.3.2026.
9. Upon confirmation that it is the notice of motion dated 20.11.2026 that should be marked as spent or overtaken by events, the court should give its directions for the filing of responses to the chamber summons dated 24.4.2026 and hereby vacates the earlier orders granting a ruling date. It is so ordered.
Dated, signed and delivered at Nairobi through Microsoft Teams online application this 30th day of April, 2026
-------------
F. Gikonyo M
Judge
In the presence of: -
Ms. Akello for Applicant
Ms. Oderi for Otunga for Respondent
CA – Ivan/Aggrey