Solutions General Limited v Zamani Business Park Limited
The bottom line
#Kenya's Environment and Land Court sent a property dispute to arbitration because the sale agreement's arbitration clause had to be used first.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether this Court has jurisdiction to handle this matter and if the Preliminary Objection is merited
Key legal issues
#Whether the court has jurisdiction over a dispute arising from a sale agreement containing an arbitration clause
The court found the arbitration clause binding and referred the dispute to arbitration, allowing the preliminary objection
Clause 11 of the sale agreement expressly provided that disputes be referred to arbitration. Under Section 6(1) of the Arbitration Act, proceedings in a matter subject to an arbitration agreement must be stayed and referred to arbitration. The court associated itself with the exhaustion doctrine and held the objection merited, directing that the existing status quo orders subsist until an arbitrator is appointed.
Whether the dispute falls within the ELC mandate under Article 162(2)(b) or is purely commercial
The court did not definitively resolve the jurisdictional scope question, proceeding instead on the arbitration clause
Although the defendant argued the dispute was purely commercial outside the ELC's mandate, the court's analysis centred on the arbitration agreement rather than on subject-matter jurisdiction. It did not expressly determine whether the dispute concerns land within Article 162(2)(b), leaving that question unaddressed in its final disposition.
Legal principles established
#- A preliminary objection must be on a pure point of law and cannot be raised where facts have to be ascertained
- A court can only exercise jurisdiction conferred by the Constitution or statute
- Where a dispute resolution mechanism exists outside the courts it must be exhausted before court jurisdiction is invoked
Court orders
#- 1.Notice of Preliminary Objection allowed with the result that the dispute be referred to arbitration
- 2.The obtaining status quo be maintained until an arbitrator is appointed
- 3.Each party to bear their own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution read with Section 13 of the Environment and Land Court Act
Relief refused
#Plaintiff's Notice of Motion dated 11th May 2026 for temporary injunction
The preliminary objection was allowed; the suit is to proceed to arbitration, with status quo orders to subsist pending appointment of an arbitrator
Costs
Each party to bear their own costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I find the instant Notice of Preliminary Objection merited and will allow it. I direct that the obtaining status quo be maintained until an arbitrator is appointed.
It is settled that a Preliminary Objection must be on a pure point of law and cannot be raised if any facts have to be ascertained.
Courts ought to be fora of last resort and not the first port of call the moment a storm brews
Issues in the judgment
#Citation of Speaker of the National Assembly v Njenga Karume appears misprinted as [19972] eKLR
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Solutions General Limited v Zamani Business Park Limited", Case Analysis (2026). ELC L Case No. E196 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6234/eng@2026-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.