RULING
On 17th day of April, 2015 F. Ochieng, J. found that the sole arbitrator in this dispute had acted beyond his jurisdiction, by flouted Section 29 (5) of the Arbitration Act; and that he had also acted against public policy by applying double-standards on the issue as to which party had the onus of proving the claim.
In the end, he set aside the final arbitral award published on 31st August, 2012,and delivered on 19th August, 2014 with costs.
The applicant then moved the learned Judge with an application of 23rd August, 2016 to refer the dispute back to the arbitrator as the setting aside of the award did not, with finality resolve the dispute. That request was resisted by the respondent who argued that the arbitrator was functus officio and the decision of the court resolved the dispute. By a ruling of 18th January, 2017 dismissing the application, the learned Judge agreed with the respondent and found that his order setting aside the award was final; and that the parties would ha…