Lawangiro Carmel Farms Limited v Lands Limited & another (Land Case E416 of 2025) [2026] KEELC 651 (KLR)
The bottom line
#Kenya's High Court protected a tenant's occupation of Mutara Ranch pending arbitration, confirming courts preserve the status quo while arbitrators decide lease disputes.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should grant interim measures of protection under Section 7 of the Arbitration Act pending intended arbitration
Yes. The Applicant established a prima facie case and the balance of convenience favours maintaining the status quo. Contested issues of the lease's validity and the agent's authority are for the arbitral tribunal.
The court adopted the Safaricom v Ocean View criteria: existence of an arbitration agreement, threat to the subject matter, assessment of merits in special circumstances, and duration of the measure. It held that whether the 2023 lease is void ab initio, whether the 2nd Respondent had authority, and the effect of the absence of a common seal are substantive issues reserved for the arbitral tribunal. The Applicant was in occupation, paying rent, and faced eviction which would irreversibly alter the arbitration's substratum, so interim protection was warranted.
Legal principles established
#- At an interlocutory stage under Section 7 of the Arbitration Act, the court need only be satisfied that there is a dispute capable of being referred to arbitration and that the arbitration agreement is not plainly invalid; contested questions of validity of the underlying contract are for the arbitral tribunal.
- The purpose of an interim measure of protection is to preserve assets or maintain the status quo pending the outcome of arbitral proceedings.
Court orders
#- 1.Pending the hearing and determination of the intended arbitral proceedings, an order of injunction restraining the Respondents, their servants, agents or any person acting on their behalf from interfering with, evicting, cancelling, revoking or disrupting the Applicant's quiet possession, occupation and enjoyment of Land Reference Number 10069 known as Mutara Ranch measuring approximately 11,000 acres
- 2.The Applicant is awarded the costs of the application
- Jurisdiction invoked
- Section 7 of the Arbitration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lawangiro Carmel Farms Limited v Lands Limited & another (Land Case E416 of 2025) [2026] KEELC 651 (KLR)", Case Analysis (2026). Amended Chamber Summons dated 30th October 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/651/eng@2026-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.