James Michael Ndungu Kigathi & another v Attorney General & 4 others; Housing Finance Company of Kenya Limited (Interested Party) [2022] KEELC 737 (KLR)
- Court
- Environment & Land Court
- Case number
- 737
- Citation
- [2022] KEELC 737 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeApplication for ArbitrationPostureApplication for stay of proceedings and appointment of arbitratorCoramJustice (Rtd) J.B Havelock, Justice (Rtd) Joseph Nyamu, Advocate/Engineer Paul Thang’a Gichuhi, Advocate David Karanja Kiarie
Holding
The court cannot impose arbitration on the parties without their consent. The court has the power to refer matters to other forms of dispute resolution, but not to arbitration that is in court proceedings.
Facts
The Applicants' property was demolished on 22nd November 2011, and they are owed a debt by the Interested Party. The Applicants seek arbitration to resolve the dispute.
Issues
- Whether the court can impose arbitration on the parties without an agreement
- Whether the court can stay proceedings and refer the dispute to arbitration
Reasoning
The court cannot impose arbitration on the parties without their consent. The court has the power to refer matters to other forms of dispute resolution, but not to arbitration that is in court proceedings.
Outcome
The application for stay of proceedings and appointment of arbitrator is dismissed.
Authorities cited
Legislation (3)
- Constitution of Kenya, 2010
- Environment and Land Court Act
- Civil Procedure Rules
Cases cited (1)
- Kenya Pipeline Company Limited v Kenolkobil Limited (2013) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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