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ELCAllowedNotice of Motion dated 15th November 2024· [2025] KEELC 4973 (KLR)

Registered Trustees of the Agricultural Society of Kenya v Nairobi Polo Club (Environment and Land Miscellaneous Case E256 of 2024) [2025] KEELC 4973 (KLR)

Environment and Land Court
20 June 2025
1,867 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court blocked Nairobi Polo Club from hosting concerts or non-sporting events on Pitch A until arbitration decides the licence dispute.

What this practically means

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Executive summary

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This is a ruling by the Environment and Land Court (T. Murigi, J) delivered virtually on 20th June 2025 on a Notice of Motion dated 15th November 2024. The Applicant sought interim injunctive relief pending arbitration, restraining the Respondent from using Pitch A at the Nairobi Polo Club grounds for anything other than sporting activities and from hosting commercial events such as concerts or roadshows, in alleged breach of Clauses 4, 6, 15 and 16 of a Licence Agreement containing an arbitration clause (Clause 21). The Respondent opposed, contending it had held similar events for years with the Applicant's knowledge, that no prima facie case or irreparable harm was shown, and that ex parte orders had been obtained by concealment and subsequently violated by the Applicant locking up the club. The court framed a single issue: whether the Applicant was entitled to an interim measure of protection pending arbitration. Relying on Section 7 of the Arbitration Act and Safaricom v Ocean View Beach, the court held that an arbitration agreement existed, a dispute had arisen, the suit property was under threat of degradation, and the balance of convenience favoured maintaining the status quo. The application was allowed and two injunctions issued pending the hearing and determination of the arbitration, with each party bearing its own costs.

Key legal issues

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01

Whether the Applicant is entitled to an interim measure of protection under Section 7 of the Arbitration Act pending arbitration

Holding

The application was allowed; the court found an arbitration clause existed, the suit property was under threat of degradation, and the balance of convenience favoured maintaining the status quo

Reasoning

The court held it was not in dispute that a Licence Agreement containing an arbitration clause existed between the parties and that a dispute had arisen. On the material on record, the court found the suit property under threat of degradation and held that the balance of convenience tilted in favour of maintaining the status quo pending the arbitral proceedings, and accordingly granted the injunctions sought.

p. 4

Legal principles established

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  • Conditions for grant of an interim measure of protection under Section 7 of the Arbitration Act: existence of an arbitration agreement, threat to the subject matter of arbitration, and appropriateness of the measure after assessment of the merits
  • The grant of an interim measure of protection is discretionary and its purpose is to preserve assets or maintain the status quo pending the outcome of arbitral proceedings

Court orders

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  1. 1.Injunction restraining the Respondent from any unauthorised use of Pitch A for purposes other than sporting activities and prohibiting use of the grounds for commercial events, including concerts or roadshows, in violation of the Licence Agreement, pending hearing and determination of the arbitration
  2. 2.Injunction restraining the Respondent, its agents, servants or any other person from organising, hosting or facilitating any events at the Nairobi Polo Club grounds, specifically Pitch A, other than authorised sporting activities, pending hearing and determination of the arbitration
  3. 3.Each party to bear its own costs

Authorities

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Legislation

  • Arbitration ActSection 7

Cases cited (3)

  • Safaricom Limited versus Ocean View Beach Hotel Limited & 2 others
    Civil Application No. 327 of 2009; reported as Safaricom Limited v Ocien View Beach & 2 others 2010 eKLR
  • Carzan Flowers (Kenya) Limited & others versus Tarsal Koos Minck B V & others
    Milimani HCCC No. 514 of 2009
  • Giella versus Cassman Brown & Company Ltd
    EA 358
Jurisdiction invoked
Section 7 of the Arbitration Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Registered Trustees of the Agricultural Society of Kenya v Nairobi Polo Club (Environment and Land Miscellaneous Case E256 of 2024) [2025] KEELC 4973 (KLR)", Case Analysis (2025). Notice of Motion dated 15th November 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4973/eng@2025-06-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.