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ELCAllowedAmended Chamber Summons dated 30th October 2025· [2026] KEELC 651 (KLR)

Lawangiro Carmel Farms Limited v Lands Limited & another (Land Case E416 of 2025) [2026] KEELC 651 (KLR)

High Court of Kenya
6 February 2026
3,017 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The Applicant, lessee of L.R. Number 10069 known as Mutara Ranch under a 2010 lease, applied by amended Chamber Summons dated 30th October 2025 under Section 7 of the Arbitration Act for an interim injunction restraining the Respondents from evicting it or disrupting its quiet possession pending intended arbitration. The Applicant relied on a 2023 lease containing an arbitration clause (clause 14), approved by the 2nd Respondent, under which it had paid rent. The 1st Respondent, the registered owner, and the 2nd Respondent, a state corporation, opposed, contending that the 2023 lease was void ab initio for lack of authority and absence of the 1st Respondent's common seal, that two leases cannot coexist over the same parcel, and that no valid arbitration agreement therefore existed. They also invoked their public mandate of national food security. The court framed a single issue: whether the Applicant met the threshold for an interim measure of protection under Section 7. Applying the criteria in Safaricom Limited v Ocean View Beach Hotel Limited, the court held that contested questions of the 2023 lease's validity, the 2nd Respondent's authority, and the effect of the missing company seal were substantive issues reserved for the arbitral tribunal; at the interlocutory stage the court need only find a dispute capable of referral and an arbitration agreement not plainly invalid. The Applicant was in occupation, paying rent, and faced eviction which would irreversibly alter the arbitration's substratum. The application was allowed: an injunction preserving the status quo was issued and the Applicant awarded the costs of the application.

Key legal issues

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Whether the court should grant interim measures of protection under Section 7 of the Arbitration Act pending intended arbitration

Holding

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.

Reasoning

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.

p. 6

Legal principles established

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  • 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

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  1. 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. 2.The Applicant is awarded the costs of the application
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, "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.