ADVOKS GLOBAL · KENYA
Civil Procedure Rules
5. Power to appoint arbitrator [Order 46, rule 5]
Edition: 2022-12-31 · In force
5. Power to appoint arbitrator [Order 46, rule 5]
(1)In any of the following cases, namely—(a)where the parties cannot agree within thirty days with respect to the appointment of an arbitrator, or the person appointed refuses to accept the office of arbitrator; or(b)where the arbitrator or umpire—(ii)refuses or neglects to act or becomes incapable of acting; or(iii)leaves Kenya in circumstances showing that he will probably not return at an early date; or(c)where the arbitrators are empowered by the order of reference to appoint an umpire and fail to do so, any party may serve the other or the arbitrators as the case may be with a written notice to appoint an arbitrator or umpire.(2)If, within seven clear days after such notice has been served or such further time as the court may in each case allow, no arbitrator or no umpire is appointed, as the case may be, the court may, on application by the party who gave the notice, and after giving the other party an opportunity of being heard, appoint an arbitrator or umpire, or make an order superseding the arbitration, and in such case shall proceed with the suit.