Tesfaighiorgis & 2 others v Rosslyn Suites Limited (Environment and Land Petition E042 of 2025) [2026] KEELC 149 (KLR)
The bottom line
#Kenya's Environment and Land Court sent a property dispute straight to arbitration because the leases contained an arbitration clause, pausing the court case.
What this practically means
#Executive summary
#Key legal issues
#Whether the dispute ought to be referred to arbitration notwithstanding that the petition alleges violations of constitutional rights and invokes statutory interpretation
Yes; the dispute arises from the lease agreements containing arbitration clauses, and the court is obliged to stay the proceedings and refer the dispute to arbitration under section 6 of the Arbitration Act, no statutory exception having been established
The lease agreements required good-faith consultation, failing which disputes would be referred to arbitration. Filing suit demonstrated a dispute existed, its subject matter being the form of registration of the petitioners' units, which arises from the lease agreements. Section 10 of the Arbitration Act bars court intervention, and no public interest or substantial injustice warranted intervention. A court cannot rewrite the parties' contract or bypass a chosen dispute-resolution mechanism under the exhaustion doctrine.
Whether a court may intervene in a private contractual dispute notwithstanding an arbitration agreement
No; court intervention in matters governed by the Arbitration Act is limited to circumstances expressly permitted by the Act or where substantial injustice in public interest would otherwise occur
Section 10 of the Arbitration Act provides that no court shall intervene in matters governed by the Act except as provided therein. The court adopted Technoservice, which identifies only two avenues for intervention: where the Act expressly permits it, and in public interest where substantial injustice is likely. The present dispute is a private one between the parties, so no public interest warranted judicial intervention.
Legal principles established
#- Where proceedings are brought in a matter subject to an arbitration agreement and a party applies under section 6 of the Arbitration Act, the court shall stay the proceedings and refer the parties to arbitration unless the agreement is null and void, inoperative or incapable of being performed, or there is no dispute
- Where a dispute resolution mechanism exists outside courts, it must be exhausted before the jurisdiction of the courts is invoked (exhaustion doctrine)
Court orders
#- 1.The dispute between the parties is referred to arbitration in accordance with the terms of the respective agreements for lease entered into by and between the petitioners and the respondent
- 2.All proceedings in the suit are stayed pending arbitration in compliance with the terms of the respective agreements for lease
- 3.No orders as to costs
- Jurisdiction invoked
- Article 159(2)(c) of the Constitution; Section 6 of the Arbitration Act; Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tesfaighiorgis & 2 others v Rosslyn Suites Limited (Environment and Land Petition E042 of 2025) [2026] KEELC 149 (KLR)", Case Analysis (2026). Chamber Summonses dated 3rd July 2025 in the Petition. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/149/eng@2026-01-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.