Abwoga v Checkups Medical Centre Ltd & another (Cause E802 of 2023) [2024] KEELRC 123 (KLR) (2 February 2024) (Ruling)

Summary at a glance

Facts

The Claimant, Dr. Bernard Abwoga, was terminated by Checkups Medical Centre Ltd. He filed a suit against the Respondents seeking a stay of proceedings pending arbitration. The Respondents argued that the dispute should be resolved through arbitration, while the Claimant claimed that negotiations and mediation should have been attempted first.

Issues

• Whether the Respondents’ Application for a stay of proceedings pending arbitration should be granted.
• Whether the arbitration clause in the Employment Contract is valid and enforceable.

Reasoning

The Court found that the dispute resolution clause in the Employment Contract did not specify arbitration, making the clause ambiguous. The Court also noted that the Respondents refused to engage in negotiations or mediation, and the termination was outside the scope of the contract.

Outcome

The Court ordered the matter to be referred to mediation and dismissed the Respondents’ Application for a stay of proceedings pending arbitration.

Orders

• The matter shall be referred to mediation.
• There shall be no order as to costs on the motion before the Judge.

Authorities cited