Mueni v Lenana Gardens Limited (Land Case E558 of 2025) [2026] KEELC 2890 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that an arbitration clause does not block a party from asking the court for urgent interim protection before arbitration starts.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection based on the arbitration clause was a proper point of law
Yes - a plea that parties are bound by a contractual arbitration clause is a classic proper preliminary objection
The Court applied Mukisa Biscuit, holding that jurisdiction objections founded on a contractual arbitration clause fall squarely within the classic examples of proper preliminary objections. The objection required no ascertainment of facts and was raised at the earliest opportunity, so it was competently before the Court as a pure point of law.
Whether the arbitration clause deprived the Court of jurisdiction over the Plaintiff's application for interim measures
No - Section 7(1) of the Arbitration Act expressly permits a party to seek interim measures of protection before or during arbitral proceedings
While the substantive dispute fell within the mandatory arbitration clause and the Defendant was entitled to insist on referral, the Plaintiff sought only interim protective relief, not determination of the substantive dispute. Section 7(1) allows court intervention before arbitral proceedings commence, and Clause 12.9 itself permitted preliminary injunctive relief from a court of competent jurisdiction. Declining jurisdiction pending arbitration would risk dissipating the subject matter.
Legal principles established
#- A party may seek interim measures of protection from the Court under Section 7 of the Arbitration Act before or during arbitral proceedings, and the existence of an arbitration clause does not bar such an application
- Failure to first initiate arbitration does not defeat an application for interim measures, since such measures exist precisely to preserve the subject matter before the tribunal is constituted
Court orders
#- 1.The Defendant's Preliminary Objection is dismissed with costs
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mueni v Lenana Gardens Limited (Land Case E558 of 2025) [2026] KEELC 2890 (KLR)", Case Analysis (2026). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2890/eng@2026-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.