Automated Entrance Systems v Trade Mark Africa & others (Miscellaneous Application Arbitration E002 of 2026) [2026] KEHC 10856 (KLR) (Commercial and Tax) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 10856 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX MISCELLANEOUS APPLICATION ARBITRATION E002 OF 2026 BK NJOROGE, J JULY 16, 2026 BETWEEN AUTOMATED ENTRANCE SYSTEMS .................................................. PLAINTIFF AND TRADE MARK AFRICA & OTHERS ................................................. DEFENDANT RULING 1. The Respondent has raised a Notice of Preliminary Objections dated 15.7.2026. It raises 7 grounds. 2. The Court has been informed that it lacks jurisdiction to grant an interim order of preservation. This is pursuant to Section 10 of the Arbitration Act. 3. The other grounds argued challenge the application by the Applicant. They raise factual matters that ought to be heard in response to the application. They are not pure points of law. 4. Miss Wanjiku, Counsel for the Interested Party, supports the preliminary objection. She submits that Section 10 of the Arbitration Act limits this Court. That the Court cannot be seen to be going against the Arbitral award. 5. Mr. Kimathi submits that the preliminary objection as pleaded raises factual issues and is based on contested facts. 6. This matter is pending before Hon. Justice Moses Ado. The Court will avoid saying a lot so as to avoid creeping into a matter already being handled by a brother judge. 7. The Court notes that Hon. Justice Ado had issued interim orders which were in place until they are said to have expired. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10856/eng@2026-07-16 1
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8. The Court is not convinced that the preliminary objection has demonstrated that this Court lacks jurisdiction to issue interim orders in arbitral proceedings. The Court is aware that it possesses powers to even stay Arbitral proceedings. 9. The rest of the arguments raised are factual and ought to be raised in the reply to the application. Determination 10. 11. The Determination of this Court is as follows; 1. The Notice of Preliminary Objection dated 15.7.2026 is overruled and dismissed for lack of merit. 2. Let the parties proceed to argue the application by way of a Notice of Motion dated 10.7.2026 orally. It is so ordered. DATED, SIGNED AND DELIVERED AT MILIMANI THIS 16TH DAY OF JULY, 2026. NJOROGE BENJAMIN K. JUDGE In the presence of: Mr. Kimathi for Applicants. Mr. Okullo for Respondent. Miss Wanjiku for the Interested Party. John Paul - Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10856/eng@2026-07-16 2
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