County Government of Nyeri v Eustace Gakui Gitonga [2018] KEHC 5386 (KLR)
- Court
- High Court of Kenya
- Case number
- 5386
- Citation
- [2018] KEHC 5386 (KLR)
- Decided
- 21 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeArbitrationPostureApplication for stay of arbitral proceedingsCoramMumbua T. Matheka
Holding
The court denied the application for stay of arbitral proceedings.
Facts
The County Government of Nyeri filed an application under section 17(6) of the Arbitration Act to stay arbitral proceedings pending before Eng. Runji Ngware, the arbitrator, due to a dispute between the parties.
Issues
- Whether the court can grant leave to file an application under section 17(6) of the Arbitration Act.
- Whether the arbitral proceedings should be stayed.
- Whether the application is competent and properly before the court.
Reasoning
The court found that the application was not competent and improperly before the court, and the arbitral proceedings should continue.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Arbitration Act 1995
- Civil Procedure Act
Cases cited (5)
- Kamau Njendu t/a Gitutho Associates vs. Consolidated Bank of Kenya
- Sterling Civil Engineering Ltd vs. TMAN Construction Group Africa
- Eldoret Municipal Council vs. Rural Housing Estates
- N.H.I.F vs. Peter Scotts and another
- Kamau Njendu
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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