What lessons from EADB’s legal drama in Dar?

6. The principle of the independence of the judiciary entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected.
This commentary does not in any way suggest that the Bank should not suffer liability in appropriate cases.

Even in this case, it must pay the award in favour of Blueline if that is the just thing to do.

It helps to remember the adage that justice must not only be done but be seen to be done.

In a protracted legal battle that has made it virtually impossible for one party to contest the merits of an arbitral award, it is not easy to see how justice has been done even if it has actually been done.

Kibe Mungai is an advocate of the High Court of Kenya