Vide Ruling delivered on 21st November 2024 in Migori CMCCC No. 430 of 2018 the Trial Magistrate set aside the consent order dated 4th May 2022 entered into by the parties to refer the matters in the series herein to arbitration for reasons the parties had not taken steps to appoint an Arbitrator and had also not set the time within which to file the award for adoption pursuant to Order 46 of the Civil Procedure Rules. The Trial Magistrate was therefore of the view that the parties having failed to comply and have the said matters disposed by way of Arbitration were clogging the court system with matters that were over 6 years old.
The Appellants were aggrieved with the ruling and preferred the appeal herein vide Memorandum of Appeal dated 2nd December 2024 concurrently with Notice of Motion application dated 10th December 2024 pursuant to Article 25©, 50 and 165(6) & (7) of the Constitution of Kenya 2010, Section 1, 1B, 3A and Section 75 of the Civil Procedure Act and Order 46 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules 2010 seeking orders of stay of the proceedings in all the matters in the series that had been referred for arbitration pending the hearing of the application and the appeal.
This court called for the files in respect of which the consent orders were set aside but so far none has been availed and in order to ensure that parties herein are given audience in the appeal the orders sought staying the proceedings in the subordinate court is allowed. The appeal to be mentioned on 3rd November, 2025 for directions. Costs of the application to be in the cause.
Orders Accordingly.
Signed dated and delivered at Migori this 5th day of June, 2025.
The Appellants were aggrieved with the ruling and preferred the appeal herein vide Memorandum of Appeal dated 2nd December 2024 concurrently with Notice of Motion application dated 10th December 2024 pursuant to Article 25©, 50 and 165(6) & (7) of the Constitution of Kenya 2010, Section 1, 1B, 3A and Section 75 of the Civil Procedure Act and Order 46 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules 2010 seeking orders of stay of the proceedings in all the matters in the series that had been referred for arbitration pending the hearing of the application and the appeal.
This court called for the files in respect of which the consent orders were set aside but so far none has been availed and in order to ensure that parties herein are given audience in the appeal the orders sought staying the proceedings in the subordinate court is allowed. The appeal to be mentioned on 3rd November, 2025 for directions. Costs of the application to be in the cause.
Orders Accordingly.
Signed dated and delivered at Migori this 5th day of June, 2025.