Gogo v Atancha (Land Case E460 of 2024) [2026] KEELC 4135 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether interim measures of protection pending arbitration should issue
Yes. The sale agreement contained an arbitration clause (Clause 13), the dispute fell within it, and the Plaintiff established a prima facie case for interim protection restraining eviction pending arbitration.
Applying Giella v Cassman Brown and the Safaricom v Ocean View criteria (existence of arbitration agreement, threat to subject matter, appropriate protective measure), and Section 7 of the Arbitration Act permitting court-granted interim measures, the court found a valid sale agreement with an arbitration clause, an unresolved dispute, and an active threat of eviction and alienation. The restraining orders preserve the status quo pending the arbitral outcome.
Whether the dispute should be referred to arbitration
The referral prayer was spent; the Plaintiff had already referred the matter to arbitration, and the court directed the parties to proceed to arbitration.
Clause 13 of the sale agreement directed disputes to arbitration in the first instance. The court had already acknowledged in an earlier ruling that the Plaintiff had referred the matter to arbitration. Relying on Section 6(1) of the Arbitration Act and UAP Provincial Insurance v Michael John Beckett, the court found a dispute within the scope of the arbitration agreement and directed the parties to proceed to arbitration.
Legal principles established
#- Where the contract forming the fulcrum of a dispute contains an arbitration clause, a party may establish a prima facie case warranting interim measures pending arbitral proceedings under Section 7 of the Arbitration Act.
Court orders
#- 1.Restraining orders issued to the registered owner of Plot No. K5 of Nairobi Block 136/Drumville together with Mr. Bernard Tony Atancha from evicting or interfering with the Plaintiff's peaceful possession and occupation of the said property pending reference of the dispute to arbitration and outcome of the said arbitration proceedings
- 2.Costs of the application to be in the cause
- Jurisdiction invoked
- Section 7 of the Arbitration Act (interim measures by court) in a suit over Plot No. K5 of Nairobi Block 136/Drumville
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gogo v Atancha (Land Case E460 of 2024) [2026] KEELC 4135 (KLR)", Case Analysis (2026). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4135/eng@2026-07-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.