Kambo & another (As Duly Elected Officials of Nairobi Polo Club) v Registered Trustees of the Agricultural Society Of Kenya (Nairobi Branch) (Land Case E413 of 2024) [2025] KEELC 4298 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to protect a tenant's horse stables because its licence had expired and it had already agreed in writing to vacate.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant is entitled to an interim measure of protection under Section 7 of the Arbitration Act
The application failed on both limbs: there was no valid agreement between the parties at the time of filing, and the subject matter was not under threat because the Applicant had already agreed in writing to relocate the stables by end of September 2024.
The licence agreement of 1st January 2021 covered 4.70 acres as a horse stables area for one year only, expiring 1st January 2022, with no evidence of renewal. The ten-year agreement relied on by the Applicant related to Upper Pitch A (22.7 acres), not the stables. Applying the Safaricom v Ocean View essentials, the court found no arbitration agreement covering the suit property at filing and no threat to the subject matter, since the Applicant had consented in writing to vacate by September 2024 before filing the application.
Whether this suit is sub-judice
The court declined to determine this issue in the present application, deferring it to the related matter ELC L MISC 210 OF 2024.
Although the Respondent argued, relying on Section 6 of the Civil Procedure Act, that the suit was sub-judice ELC L MISC 210 of 2024 filed a day earlier, the court held that this issue would be determined in that other file rather than in the present ruling.
Legal principles established
#- Under Section 7 of the Arbitration Act, the court need only be satisfied that a valid arbitration agreement exists and that the subject matter of the arbitral proceedings is in danger of being wasted or dissipated; the merits or possible losses are not factors.
- The four essentials for interim measures of protection under the Arbitration Act are the existence of an arbitration agreement, that the subject matter is under threat, the appropriate measure in special circumstances, and the period of the measure.
- A party who has given its word in writing to vacate cannot renege on that promise and claim the subject matter is under threat.
Court orders
#- 1.The application dated 8th October 2024 is dismissed with costs
- 2.The issue of whether the suit is sub-judice to be determined in ELC L MISC 210 OF 2024
- Jurisdiction invoked
- Section 7(1) of the Arbitration Act - interim measures of protection before or during arbitral proceedings
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kambo & another (As Duly Elected Officials of Nairobi Polo Club) v Registered Trustees of the Agricultural Society Of Kenya (Nairobi Branch) (Land Case E413 of 2024) [2025] KEELC 4298 (KLR)", Case Analysis (2025). Not stated in the judgment (referenced related matter: ELC L MISC 210 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4298/eng@2025-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.