NAIROBI, Kenya, Jul 25 – The Court of Appeal has dismissed a bid by Oilfields Engineering and Supplies Ltd to strike out a notice of appeal filed by Zakhem International Construction Ltd in a high-profile arbitration dispute, ruling that the intended appeal does not require leave under Section 39 of the Arbitration Act.A three-judge bench comprising Justices Patrick Kiage, Jamila Mohammed, and Weldon Korir found that Zakhem’s appeal — challenging High Court Judge Patrick Okwaro’s refusal to recuse himself from handling the matter — raises constitutional questions of fair hearing and judicial impartiality rather than issues on the merits of an arbitral award.Oilfields had argued that the appeal was incompetent as no leave had been obtained, insisting that it arose from proceedings under Sections 35 and 36 of the Arbitration Act, which strictly limit appellate intervention. Recusal The company maintained that entertaining the appeal would undermine the efficiency and finality of arbitration.However, the Court disagreed, finding that the recusal application was anchored on Articles 50 and 160 of the Constitution and the Judicial Service Code of Conduct, not on the Arbitration Act.“It had everything, and only has to do, with the alleged conduct or misconduct of the learned judge on the question of fair hearing,” the judges ruled on Friday, adding that Section 39(3) — which requires leave for appeals challenging arbitral awards — does not apply to procedural or constitutional issues.The judges emphasized that arbitration law limits court intervention in awards but does not shield judicial conduct from scrutiny, especially where allegations of bias and disregard for Court of Appeal orders are raised.The ruling clears the way for Zakhem to proceed with its appeal over Justice Owaro’s refusal to step aside in a case involving multi-million-shilling arbitral claims between the two companies, with Ecobank Kenya also listed as a respondent.