Kenya Ports Authority v Base Titanium Limited [2021] KEHC 8741 (KLR)
- Court
- High Court of Kenya
- Case number
- 8741
- Citation
- [2021] KEHC 8741 (KLR)
- Decided
- 26 February 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication to remove arbitratorCoramGikonyo, Joseph Nyamu, PATRICK
Holding
The court finds that the arbitrator has not conducted himself impartially and in a manner that the parties can have confidence in, and thus the arbitrator is removed from the proceedings.
Facts
The applicant, Kenya Ports Authority, seeks to remove the arbitrator, Joseph Nyamu J (Rtd), due to alleged misconduct and lack of impartiality in handling the fees and costs of the arbitration proceedings.
Issues
- Impartiality and independence of the arbitrator
- Handling of fees and costs in arbitration
Reasoning
The court emphasizes the importance of impartiality and independence in arbitrators and the need for the court to supervise the process to ensure justice is maintained. The arbitrator's handling of fees and costs has been deemed improper.
Outcome
The arbitrator is removed from the arbitration proceedings.
Orders
- The arbitrator is removed from the arbitration proceedings
Authorities cited
Legislation (1)
- Arbitration 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.
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