Gad Omondi Opiyo v Peter Kibinda, Scrutineer & 7 others [2020] KEHC 10434 (KLR)
- Court
- High Court of Kenya
- Case number
- 10434
- Citation
- [2020] KEHC 10434 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureApplication for stay of proceedings and referral to arbitration
Holding
The Court finds that the dispute should not be referred to arbitration as the AAK Constitution already provides for an internal dispute resolution mechanism.
Facts
The Applicant, Gad Omondi Opiyo, seeks a stay of all proceedings and referral to arbitration for a dispute over the management of AAK elections held on 25th March 2019 for the position of President. The dispute involves the Petitioner and the Architectural Association of Kenya (AAK).
Issues
- Whether the dispute should be referred to arbitration.
- Whether the matter is ripe for Court's action.
Reasoning
The AAK Constitution has a provision for internal disputes resolution mechanism which is available, efficient, and effective. The Petitioner could have considered this mechanism before invoking the jurisdiction of the Court.
Outcome
The application is dismissed.
Authorities cited
Legislation (2)
- Arbitration Act
- AAK Constitution
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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