WORLD DUTY FREE COMPANY LIMITED V KENYA AIRPORTS AUTHORITY [2012] KEHC 3251 (KLR)

Facts

The Plaintiff brought a suit for various declarations and injunctive orders, claiming damages and breach of lease. The Defendant objected to the suit, arguing that Section 33 of the Kenya Airports Authority Act prescribed the remedy of arbitration.

Issues

1. Whether the suit falls under Section 33 of the Kenya Airports Authority Act
2. Whether the court has jurisdiction to entertain the case under Section 33 of the Act
3. Whether the Plaintiff has served the Defendant with a Notice of Intention to Sue

Reasoning

The court interprets Section 33 of the Act strictly and restrictively, finding that it does not limit the citizen's rights to approach the court for other disputes than for compensation. The court also notes that Section 7 of the Arbitration Act does not apply, but the court can still grant an injunction and refer the matter to an arbitrator.

Outcome

The court dismisses the Defendant's Preliminary Objection and allows the Plaintiff's main Notice of Motion to be heard on merit.

Authorities cited