In the application dated 20.04.2023 the Respondents in this matter seek to set aside the ruling and order made on 01.11.2023 which dismissed their application dated 01.11.2022 seeking to set aside the Arbitral Award. The ground for the application is that they were not given an opportunity to make submissions written or otherwise in support of their application as the court had initially given directions on disposal of the preliminary objection as opposed to the entire application. In the ruling subject of review, the court dismissed the preliminary objection but proceeded to determine the application for setting aside the award on its merits.
I have considered the parties’ arguments and take the following view of the matter. The right to a fair hearing does not require that in all cases the parties make oral or written submissions. The court may also consider the depositions on record in making a decision. This falls within the court’s discretion to give effect to the overriding principles to deal with matter fairly and expeditiously. In this case, the parties had filed their depositions which the court considered and came to the conclusion that the application was not merited.
I therefore hold that in the circumstances there is no error of law on the face of the record. The application dated 20.04.2023 is therefore dismissed but with no order as to costs.
DATED and DELIVERED at NAIROBI this 13th day of JUNE 2023
D. S. MAJANJA
JUDGE