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Telkom Kenya Limited v. Aftraco Limited, Exclusive Estates Limited & Postel Housing Co-Operative Society Ltd

(2017) JELR 94120 (CA)

Court of Appeal  •  Civil Application 7 of 2017  •  1 Dec 2017  •  Kenya

Daniel Kiio Musinga, Milton Stephen Asike Makhandia, Patrick Omwenga Kiage



By its motion dated 25th January, 2017 the applicant, Telkom Kenya Limited, seeks from this Court an order that;

“2. There be a stay of the arbitral proceedings before Ms. Z. Jan Mohamed, Arbitrator, In the matter of an arbitration between Exclusive Estates Limited and Telkom Kenya Limited, Postel Housing Co-operative Society Limited and Aftraco Limited and the arbitral proceedings before Mr. A.F. Gross in the matter of an Arbitration between Aftraco Limited and Telkom Kenya Limited pending the hearing and determination of the intended appeal against the order of the High Court dated 28th September 2016.”

The grounds in which the application is premised are on its face and include, in summary, that the applicant’s intended appeal raises a fundamental issue of constitutional interpretation with reasonable chances of success; the impugned ruling by which the High Court was reluctant to intervene was based on this Court’s decision in NYUTU AGROVET LIMITED v. AIRTEL NETW…

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