Attorney General v N K Brothers Ltd & 2 others [2019] KEHC 7613 (KLR)
- Court
- High Court of Kenya
- Case number
- 7613
- Citation
- [2019] KEHC 7613 (KLR)
- Decided
- 12 April 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeArbitrationPostureAppeal from an order dismissing an application to set aside an arbitration award and grant a permanent injunctionCoramM. W. Muigai
Holding
The arbitration proceedings continue under the jurisdiction of QS Onesimus M. Gichuiri.
Facts
On 6th December 1989, N. K Brothers Limited was awarded a job by the National Youth Service, Ministry of Public Service, Youth and Gender Affairs of the Government of the Republic of Kenya.
Issues
- Whether the Court has jurisdiction to hear consider and determine the question of jurisdiction of /by Arbitrator.
- Whether there was/is an existing and valid contract/arbitration agreement between National Youth Service and the N. K. Brothers Limited.
- Whether the 2nd Respondent was validly and lawfully appointed and has jurisdiction to hear and determine the dispute between the National Youth Service and N. K. Brothers Limited.
- Whether the claim is statute-barred and is contrary to Section 3(1) of the Public Authorities Limitation Act Cap 39 Laws of Kenya.
- Whether the 3rd Respondent should participate as party to the proceedings.
- Whether the applications are granted and permanent injunction is granted or dismissed and Arbitration proceedings continue?
Reasoning
The court found that the court has jurisdiction to hear the question of jurisdiction of the arbitrator and that the arbitration agreement was valid.
Outcome
Appeal dismissed
Orders
- The arbitration proceedings in the matter between N.K. Brothers Limited and the National Youth Service, Ministry of Public Service, Youth and Gender Affairs of the Government of the Republic of Kenya continue under the jurisdiction of QS Onesimus M. Gichuiri.
- Each party to bear own Costs.
Authorities cited
Legislation (3)
- Arbitration Act 1995
- Civil Procedure Act (CAP 21) Laws of Kenya
- Government Contracts Act
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.
Loading judgment…