“There is no doubt that the arbitrator demonstrated bias against Telkom by applying different standards of interpretation of the two agreements.
“The introduction of the requirement for strict proof in relation to Telkom as contrasted with her eagerness to make assumptions in favour of Exclusive and Postel amounted to treating the parties before her differently,” the judge ruled adding that the arbitrator misused her powers.
Mburu has been linked to a number of land cases including the controversial sale of a Ksh3.2 billion parcel in Ruaraka to the government. The Ethics and Anti-Corruption Commission (EACC) investigated the case in 2018 and handed over the file to the Office of the Director of Public Prosecution (ODPP)
The government is currently constructing an ultra-modern sports complex in the contested land after the Ministries of Sports and Environment signed a collaboration framework to guide utilization and management of the Jamhuri Sports Ground, formerly known as Posta Sports Ground.
This is part of President Uhuru Kenyatta’s pledge to nurture talent and promote sporting activities in Kenya.
“Our focus is to make sure Jamhuri Sports Complex is completed within the set timelines. This will enable us to increase the number of sports training and competition facilities in the country,”Sports CS Ambassador Amina Mohamed said in January 2021.
Three football pitches, one rugby and hockey fields and an athletics track will be built at the ultra modern complex.