JUDGMENT OF THE COURT
[1] This is a second appeal arising from a ruling that was delivered by the Senior Resident Magistrate’s Court at Rongo in an application that was lodged by Transmara Sugar Company Limited (the respondent herein). John Oriri Nyandoro who is now the appellant, originated the litigation through a suit filed in the magistrate’s court against the respondent alleging breach of a sugarcane growing and supply contract dated 22nd June 2011 (herein the agreement), that had been entered into between the two parties.
[2] The respondent moved the magistrate’s court under section 6(1) and 10 of the Arbitration Act, Article 159(2)(c) and (d) of the Constitution of Kenya, Order 51 rules 1 and 13(2) of the Civil Procedure Rules, and Section 3A of the Civil Procedure Act, seeking to have the proceedings in the appellant’s suit stayed pending the hearing and determination of the respondent’s claim through arbitration as provided in the sugarcane growing and supply contract, and that…