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ELCPartially AllowedNot stated in the judgment· [2026] KEELC 3162 (KLR)

Admass Ventures Limited & 2 others v Saif Properties Limited (Environment and Land Miscellaneous Case E342 of 2025) [2026] KEELC 3162 (KLR)

Environment and Land Court
29 April 2026
MKMOHAMMED N. KULLOW
1,638 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed it can handle land arbitration disputes, but a party filing late lost protection—filing in the wrong court doesn't freeze deadlines.

What this practically means

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Executive summary

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The Environment and Land Court at Nairobi, per Mohammed N. Kullow J, determined two competing preliminary objections arising from an application by the Applicants seeking recognition and enforcement of an arbitral award dated 12th February 2025 by Hon. Connie Martina Gumo, and a cross-application by the Respondent dated 16th January 2026 seeking to set aside that award. The Respondent objected that the Court lacked jurisdiction, contending that Section 35 of the Arbitration Act confines such applications to the High Court established under Article 165 of the Constitution. The Applicants objected that the Respondent's setting-aside application was filed out of time under Section 35(3) of the Arbitration Act, the award having been issued in February 2025 and the application filed about eleven months later in January 2026. The Court, applying the Mukisa Biscuit threshold for preliminary objections, held that the Environment and Land Court, established under Article 162(2)(b) with status equal to the High Court, has jurisdiction over arbitration proceedings arising from environment and land disputes, and accordingly dismissed the Respondent's jurisdictional objection. On the time-bar issue, the Court accepted the Applicants' submissions that filing in the wrong forum does not stop time from running, citing Divecon Limited and related authority, and that limitation touches on jurisdiction. The Court nonetheless disposed of the matter by allowing the Respondent's notice of motion as prayed, while holding the Applicants' time-bar objection unmerited. Each party was ordered to bear its own costs. Judgment delivered virtually at Nairobi on 29th April 2026.

Key legal issues

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01

Whether the Environment and Land Court has jurisdiction to entertain applications for recognition and enforcement of, and setting aside, arbitral awards arising from land/environment disputes

Holding

The ELC has jurisdiction; the respondent's preliminary objection on jurisdiction failed

Reasoning

The Arbitration Act came into force when the High Court was the only superior court. Under Article 162(2)(b) and the Environment and Land Court Act, the ELC was established with status equal to the High Court and vested with jurisdiction over environment and land disputes, which includes arbitration proceedings arising from such disputes. The respondent's objection that only the High Court under Article 165 could entertain such applications therefore failed.

p. 3
02

Whether the respondent's application dated 16th January 2026 to set aside the arbitral award is time-barred under Section 35(3) of the Arbitration Act

Holding

The application is time-barred and statute-barred; the preliminary objection on time fails and the respondent's application is allowed

Reasoning

Section 35(3) requires an application to set aside an award to be made within three months of receipt of the award or disposal of a section 34 request. The award was issued on 12th February 2025 and the application was filed on 16th January 2026, about 11 months later. The prior filing in the High Court, which was dismissed for lack of jurisdiction, did not stop time from running. However, the court disposed of the matter by allowing the respondent's application rather than striking it out.

p. 4

Legal principles established

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  • Filing a suit or application in the wrong forum does not stop time from running for limitation purposes
  • Limitation goes to the jurisdiction of the court; a statute-barred matter cannot be entertained
  • The Environment and Land Court, being of equal status with the High Court, has jurisdiction to determine arbitration proceedings arising out of land and environment disputes

Court orders

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  1. 1.The Preliminary Objection dated 16th January 2026 is merited and the same is hereby allowed.
  2. 2.The preliminary objection dated 3rd February 2026 lacks merit and the respondent's notice of motion application dated 16th January 2026 is hereby allowed as prayed.
  3. 3.Each party shall bear the its own costs.
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya and the Environment and Land Court 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, "Admass Ventures Limited & 2 others v Saif Properties Limited (Environment and Land Miscellaneous Case E342 of 2025) [2026] KEELC 3162 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3162/eng@2026-04-29

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