<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>This appeal has been pending before this Court for the last ten years. The same arises from the ruling of Onyango - Otieno, J. (as he then was) rendered on 6^th December 2001 in an application dated 27^th October, 1997, seeking to set aside the arbitral award dated 4^th December, 1996 principally on the ground of alleged misconduct on the part of the sole arbitrator, Mr. Norman Mururu, Quantity Surveyor, F.C.I.</p><p>The application which was predicated on Sections 24 and 37(a) of the Arbitration Act (Cap 49) (Repealed) Rule 4, 6, and 15 of the Arbitration Act (1983) and Section 3A of the Civil Procedure Act; and Section 42(2) of the Arbitration Act 1995 bore no grounds on its face, but was supported by the affidavit of Martin Michuki Njoroge sworn on 27^th of October 1997.</p><p>The particulars or incidents of misconduct are narrated in at least five pages of the said affidavit. A keen look at these particulars indicates that all purported errors of judgment on the part of the arb…</p>