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…The dispute in this matter had been referred to arbitration by Nyarangi J. (as he then was) as far back as 6th July 1982.…

…He has stated in his affidavit that there was indeed another arbitration, para (5): "That in 1983 and 1984 the plaintiff and myself were severally summoned to appear before the District Officer Ngong for arbitration on 18…

…We deal first with the complaint relating to the arbitration clause.…

…Section 6(1)(a) of the Arbitration Act (Cap 49) (the Act) provides that - "6(1) If a party to an arbitration agreement or a person claiming through or under him, commences any legal proceedings in any court against any other…

…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…

…in the first place is wrong, and the quickest step to settlement of the dispute is for the arbitrator to be appointed and the arbitration to be entered on without any further delay.”…

…Since the arbitration was already in being and unless stopped, will be heard on the 18th, 19th and 24th April of this year, Mr Nagpal submitted that the arbitration did not depend in any way on the proceedings before the…

…The Arbitrator(s) would determine a fair market value of your Client’s shares at the date of submission to arbitration. 3.…

…Notwithstanding this, our clients would be prepared to consider a reference to arbitration provided three preconditions are satisfied.…

…Litigation relating to this dispute seems to have commenced before the Senior Resident Magistrate's Court at Embu which referred the same to the arbitration of elders under the chairmanship of a District Officer.…

…The grounds of appeal relevant to the case are rst that there was not a valid consent of the divisional Land Control Board and secondly that the arbitration by the panel of elders was not properly conducted.…

…It was not a matter which could be allowed to go to arbitration since the arbitrators cannot declare the contract valid which a statute of Parliament has declared to be null and void. 11.…

…of the High Court (Masime J) in Nairobi, set aside the judgment of the Murang’a resident magistrate, order the suit to go forward for trial in an appropriate subordinate court or refer the issues to the clan elders for arbitration…