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Brief discussion about tabulo4/9/2023 ![]() That instead of hearing the objection to his arbitrating over the dispute, the arbitrator directed that the objection to jurisdiction be heard and determined first. That the Arbitrator has been very slow in setting down the hearing of the dispute which has also escalated the costs and that there is reasonable apprehension that the arbitrator is not impartial and or independent in view of the manner in which he has conducted himself. ![]() In Mr Kerai's supporting affidavit which mirrors the grounds in support of the application, it is deposed that the applicant herein has sought the recusal of the sole arbitrator Mr WALTER ODUNDO from arbitrating over the dispute but that the Arbitrator has refused to hear the application for recusal. The application is predicated on 12 grounds on the face of the application and the annexed affidavit sworn by Sailesh Kerai sworn on 4 th November 2015 and several annextures/exhibits.Ĥ. ![]() The application is brought under the provisions of Section 15(1) (a) and (2) of the Arbitration Act, 1995, Rules 17(10) of the Arbitration Rules Articles 50(1) and 165(8) of the Constitution of Kenya and all other enabling legislation.ģ. That pending the hearing and determination of the Originating Summons there be a stay of any further proceedings in the arbitration between the applicant herein and the 1 st respondent.Ģ. By a notice of motion dated 4th November 2015 and filed on the same day, the applicant SHREE HAREE BUILDERS LIMITED seeks from this court orders:ģ. WALTER ODUNDO.2ND RESPONDENT/ARBITRATORġ. SHREE HAREE BUILDERS LIMITED.APPLICANTīAZARA ALEX TABULO.1ST RESPONDENT
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