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ELCDismissedELCLC E021 OF 2025· [2026] KEELC 387 (KLR)

Mara North Holdings Limited v Sananka (Land Case E021 of 2025) [2026] KEELC 387 (KLR)

Environment and Land Court
29 January 2026
2,079 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Narok Environment and Land Court dismissed a preliminary objection because deciding it would have required examining facts, not just applying law.

What this practically means

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Executive summary

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The Defendant/Objector raised a Notice of Preliminary Objection dated 22nd September 2025 in a lease dispute, contending that the continued representation of the Plaintiff by the firm of Oyomba Mosota & Wamwea Advocates offended professional ethics rules on conflict of interest, as the firm had allegedly previously acted for both parties in drafting and registering the Lease Agreement dated 1st August 2015. The Defendant further argued that clause 18 of the Lease Agreement provided a dispute resolution mechanism (negotiation and arbitration) that had not been exhausted, rendering the suit premature, incompetent and an abuse of process, and sought disqualification of the firm, striking out of the pleadings and dismissal of the suit with costs. The Plaintiff opposed, relying on the Mukisa Biscuit test, and argued the objection was entangled with disputed facts, could not dispose of the suit, and would infringe the right to a fair hearing under Article 50. The court, L. Gacheru J, applied the Mukisa Biscuit criteria and held that a preliminary objection must be a pure point of law requiring no ascertainment of facts. Determining whether the advocates acted for both parties, and whether clause 18 was breached, would require examination of the Lease Agreement and calling of evidence; the objection was therefore factual and not a proper preliminary objection. The court declined to examine the merits. The objection was dismissed entirely with costs to the Plaintiff, and the suit was directed to proceed for hearing and determination on merit. Delivered virtually at Narok on 29th January 2026.

Key legal issues

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01

Whether the conflict-of-interest and arbitration-clause objections were pure points of law

Holding

No - both required examination of the Lease Agreement, i.e. ascertainment of facts, so the objection failed the Mukisa Biscuits test

Reasoning

The court applied the Mukisa Biscuit criteria: a preliminary objection must rest solely on legal principles and not require investigation of facts. Determining whether the advocates previously acted for both parties, and whether clause 18 of the Lease was breached, would require examining the Lease Agreement and calling evidence. Consequently, the objection was factual, not a point of law, and could not stand as a preliminary objection; the court declined to delve into its merits.

p. 4

Legal principles established

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  • A preliminary objection must be a pure point of law; where its determination requires the court to ascertain facts, it is not a valid preliminary objection

Court orders

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  1. 1.The Notice of Preliminary Objection dated 22nd September 2025 is dismissed entirely with costs to the Plaintiff/Respondent
  2. 2.The suit to proceed for hearing and be determined on merit

Authorities

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Legislation

  • Standards of Professional Practice and Ethical Conduct (SOPPEC)Rules 6 and 7
  • Advocates Act (Cap 16 LOK)Rule 9 of the Advocates Practice Rules
  • Constitution of KenyaArticle 50

Cases cited (12)

  • Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd
    [1969] EA 696
  • Oraro v Mbaja
    [2005] eKLR
  • Sunrise Properties Ltd vs Industrial Credit Bank
  • Davidson Mwangi Kagiri vs Ann Mary Kinyanjui
    [2020] KEELC 3923 (KLR)
  • Dorothy Seyanoi Moschioni vs Andrew Stuart & Another
    [2014] KEHC 8238
  • King Woolen Mills Ltd v Kaplan & Stratton Advocates
    (1990-1994) EA 244
  • Uhuru Highway Development Ltd v Central Bank Ltd
    (2002) 2 EA 654
  • Delphis Bank Ltd v Channan Singh Chatthe & 6 others
    CA No. Nai 136 of 2005 (UR)
  • Achiando v Domo & 2 others
    (Environment & Land Case E002 of 2025) [2025] KEELC 798 (KLR)
  • Bashir Haji Abdullahi v Adan Mohammed Noor & 3 others
    [2004] eKLR
  • Susan Wairimu Ndiangui Vs Pauline W. Thuo & Another
    [2005] eKLR
  • Kuria & 27 others v Mott & 12 others
    (Environment & Land Case 23 of 2021) [2024] KEELC 4220 (KLR)
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court

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, "Mara North Holdings Limited v Sananka (Land Case E021 of 2025) [2026] KEELC 387 (KLR)", Case Analysis (2026). ELCLC E021 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/387/eng@2026-01-29

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