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…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…

…S 6(1) of the Arbitration Act, cap 49 Laws of Kenya, provides, in pertinent part, as follows: “If a party to an arbitration agreement … commences any legal proceedings in any Court against any other party to the agreement…

…the status quo pending arbitration.…

…In the instant case both parties recognize that there is a dispute between them, the proper forum for resolution of which is a reference to arbitration in terms of the agreement between them.…

…A7 Arbitration (a) Wherever any difference or dispute out of the Conditions of Engagement and Scale of Professional Fees and Charges cannot be determined in accordance with paragraph (a) of Clause A-6 it shall be referred…

…to the arbitration ..............…

…Secondly, there were two witnesses who told the arbitration panel that Gathigia’s mother said that her land should be divided between her three daughters as if they were her three sons and she had no sons.…

…Mr Ngubuini referred to matters, which he submitted vitiated the arbitration proceedings. The Chief was related to this family and gave no reasons for his casting vote. He made no allegations against the arbitrators.…

…Examples are an objection to the jurisdiction of the court, or a plea of limitation, or a submission that the parties are bound by the contract giving rise to the suit to refer the dispute to arbitration.”…

…It is registered land and disputes concerning it could only be handled by the courts which in appropriate circumstances, could refer it to the elders pursuant to the provisions of the Arbitration Act.…

…All disputes arising out of the purported contract should have been referred to arbitration.…