Onair Media Communications Limited v Kenya Broadcasting Corporation

Onair Media Communications Limited v Kenya Broadcasting Corporation (Miscellaneous Application E872 of 2025) [2026] KEHC 7092 (KLR) (Commercial and Tax) (23 April 2026) (Ruling) Neutral citation: [2026] KEHC 7092 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX MISCELLANEOUS APPLICATION E872 OF 2025 F GIKONYO, J APRIL 23, 2026 IN THE MATTER OF THE ARBITRATION ACT IN THE MATTER OF AN APPLICATION FOR THE APPOINTMENT OF AN ARBITRATOR BETWEEN ONAIR MEDIA COMMUNICATIONS LIMITED .............................. APPLICANT AND KENYA BROADCASTING CORPORATION ................................. RESPONDENT RULING 1. The applicant’s notice of motion dated 28.08.2025 is brought primarily under section 12 of the Arbitration Act. 2. The applicant seeks an order that an arbitrator duly registered by the Chartered Institute of Arbitrators, Kenya be appointed as a single arbitrator to hear and determine the dispute between the applicant and the respondent arising from contract number 7/KBC/2021-22. 3. The applicant also seeks in the alternative an order directing or vesting authority to the Chairman of the Chartered Institute of Arbitrators to appoint an arbitrator to hear and determine the dispute. 4. The application is supported by an affidavit sworn by Festus Kiptoo Kogo on 28.8.2025. 5. The matter was slated for a ruling on 23.4.2026. 6. However, the applicant filed the notice of withdrawal dated 10.3.2026 to the effect that it wishes to withdraw its entire claim against the respondent as contained in the notice of motion dated 28.8.2026 with no orders as to costs. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7092/eng@2026-04-23 1

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