Parbat Siyani Construction & Elite Earth Movers JV Limited v Kenya Rural Roads Authority [2025] KEHC 17126 (KLR)

Parbat Siyani Construction & Elite Earth Movers JV Limited v Kenya Rural Roads Authority (Arbitration Cause E093 of 2024) [2025] KEHC 17126 (KLR) (Commercial and Tax) (13 February 2025) (Ruling)

Neutral citation: [2025] KEHC 17126 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts)

Commercial and Tax

Arbitration Cause E093 of 2024

A Mabeya, J

February 13, 2025

Between

Parbat Siyani Construction & Elite Earth Movers JV Limited

Applicant

and

Kenya Rural Roads Authority

Respondent

Ruling

1. On 16/12/2024 the applicant applied for adoption of an award published on 8/1/2024, additional award published on 4/11/2024 and corrected on 29/11/2024 by Hon. Justice E. Torgbor FCI Arb.

2. The Court gave self-executing directions and reserved the ruling for 7/2/2025. When the Court retired to write the ruling, it discovered that the arbitral proceedings are not yet concluded. The Respondent indicated on oath that it had sought several mathematical corrections on the reconciliation statement of the Tribunal of 29/11/2024.

3. It further indicated that the tribunal was to give its directions on the said errors at the end of January, 2025.

4. In the premises, I am unable to deal with the application, as it may be premature. It might lead to more delays. The respondent has also indicated of its intention to make an application under section 35 of the Arbitration Act.

5. Accordingly, I return the file to the presiding Judge of the Division for further directions. The same is to be heard by the Judges of that Division.It is so directed.

SIGNED AT NAIROBI THIS 3RD DAY OF FEBRUARY, 2025. A. MABEYA, FCI ArbJUDGEDATED AND DELIVERED AT NAIROBI THIS 13TH DAY OF FEBRUARY, 2025. F. GIKONYOJUDGE