Gathagu & another v Thiongo & 2 others (Environment and Land Miscellaneous Application E358 of 2025) [2026] KEELC 3956 (KLR)
The bottom line
#A Kenyan court froze a disputed apartment and its rental income to protect buyers while their arbitration case is decided.
What this practically means
#Executive summary
#Key legal issues
#Whether the criteria for grant of an interim measure of protection pending arbitration were satisfied
The court held that the applicants established the requisite conditions: an arbitration agreement existed (clause 9 of the deed of assignment), the subject matter was under threat, and the measures sought were appropriate protective measures pending arbitration.
The court applied the Safaricom v Ocean View criteria: existence of an arbitration agreement, threat to the subject matter, appropriate measure on the merits, and the period of the measure. It found undisputed that the applicants signed a deed of assignment containing a clause 9 arbitration agreement, paid the purchase price in full, and that respondents had not delivered vacant possession since the project stalled. The 1st respondent filed no response and continued collecting rent. Applying Progressive Credit, the court concluded protective measures pending arbitration were warranted.
Legal principles established
#- The High Court may grant interim measures of protection under Section 7 of the Arbitration Act in support of the arbitral process, independent of the civil procedure requirements for an injunction
Court orders
#- 1.An order of inhibition restraining any dealings with the suit property, pending the hearing and determination of the arbitration proceedings
- 2.The chief land registrar, Nairobi district registry to register an inhibition against the suit property in the appropriate register
- 3.All the rental income from the suit property to be remitted into an escrow account in the names of the 1st respondent and the applicants, pending the hearing and determination of the arbitration proceedings
- 4.Each party to bear its own costs
- Jurisdiction invoked
- Section 7(1) of the Arbitration Act and Section 68 of the Land Registration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gathagu & another v Thiongo & 2 others (Environment and Land Miscellaneous Application E358 of 2025) [2026] KEELC 3956 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3956/eng@2026-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.