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…On 19th January, 1983, in the presence of all the parties and their advocates, the trial judge made an order by which the dispute was referred to District Officer, Nyeri for arbitration with the help of four elders, two each…

…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…

…to arbitration, and in awarding costs for two counsel.…

…We must make it clear that we are not waiving the arbitration provision in the contract.”…

…As does happen in such cases, the hearing of the arbitration proceedings was delayed.…

…Furthermore, the Arbitration Act which governs arbitration proceedings, contains provisions which are relevant to the dispute between the parties.…

…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 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…

…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.…

…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.…

…This court's orders dated 17.7.95 terminating the appellant's appeal and referring the matter for arbitration under Act No. 18 of 1990 be reviewed and set aside. 2.…

…This application is disallowed and the proceedings in this suit terminated and the dispute referred to the Tribunal for arbitration under Act 18 of 1990".…

…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.…

…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.…

…After the plaintis had commenced an action in rem in the Admiralty Court, the parties made an ad hoc agreement to arbitrate and the plaintis actively pursued their claim in the arbitration.…

…The application made no mention of the ad hoc agreement to arbitrate or of the fact that the plaintis were actively pursing their claim in the arbitration.…

…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…