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…Rules and section 22(a) of the Arbitration Act the applicants would like this Court to determine if they can both commence arbitration based on a main contract made between the first named applicant and the respondent and…

…the matter to arbitration.…

…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.…

…The reference of the dispute to arbitration having not been by order of Court. The agreement to submit to arbitration was enteredinto while the three suits were pending.…

…No. 209/1069 to 'arbitration was not and is not subject to the Arbitration Act. The Act is concerned with pre-suitagreements.…

…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 ..............…

…Thus is the present case, the defendant cannot rely as it has sought to do on the arbitration clause in the policy of insurance to stay the action founded on the compromise. On this point see Green vs.…

…As such it is not a ground of defence to the plaintiff’s claim. (2) that the dispute should have been referred to arbitration (para 8 of the defence).…

…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.”…

…That claim was resisted by the applicant and the dispute was referred to a Panel of Elders for arbitration. They sat four elders under the chairmanship of the District Officer, Kangema.…

…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.…