The Defendant’s application dated 04.07.2023 is dismissed as it does not comply with section 6(1) of the Arbitration Act as the Memorandum of Appearance was filed on 05.06.2019 by which time the application for stay pending reference to arbitration ought to have been filed. This application was filed 5 years later hence the jurisdiction of the court was deemed admitted or waived. Costs in the cause.
Mention on 22.11.2023 before the DR for pre-trial directions. Notice to issue.
DATED and DELIVERED at NAIROBI this 9th day of OCTOBER 2023
D. S. MAJANJA
JUDGE