Registered Trustees of the Agricultural Society of Kenya v Nairobi Polo Club (Environment and Land Miscellaneous Case E256 of 2024) [2025] KEELC 4973 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Applicant is entitled to an interim measure of protection under Section 7 of the Arbitration Act pending arbitration
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
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.
Legal principles established
#- 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
#- 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.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.Each party to bear its own costs
- Jurisdiction invoked
- Section 7 of the Arbitration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.