Gogo v Atancha (Environment and Land Case E460 of 2024) [2025] KEELC 8398 (KLR)
The bottom line
#A Kenyan court confirmed it can protect property in dispute while arbitration proceeds, dismissing a seller's attempt to halt a land buyer's case.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Notice of Preliminary Objection dated 24th March 2024 is merited
Key legal issues
#Whether the court lacks jurisdiction over a dispute subject to an arbitration clause where the plaintiff has initiated steps to appoint an arbitrator and seeks interim measures
The preliminary objection fails; the court may grant interim measures under Section 7 of the Arbitration Act notwithstanding the arbitration agreement, and the plaintiff's compliance with the arbitration clause defeats the prematurity objection
The court found that Clause 13 of the Sale Agreement required disputes to be referred to arbitration, but the plaintiff had notified the defendant of the dispute and initiated steps to appoint an arbitrator. Section 7(1) of the Arbitration Act permits a party to request interim measures from the court before or during arbitral proceedings, consistent with Article 159(2)(c). The defendant had not shown any arbitrator had granted interim orders, and the facts showed payment of the purchase price and a threatened increase of price, warranting protective measures.
Legal principles established
#- It is not incompatible with an arbitration agreement for a party to request interim measures of protection from the court before or during arbitral proceedings
- A plaintiff who has initiated steps to commence arbitration may still seek interim protective measures from the court under Section 7 of the Arbitration Act where there is need to protect the substratum of the arbitral proceedings
Court orders
#- 1.Notice of Preliminary Objection dated 24th March 2024 dismissed
- 2.Costs of the preliminary objection awarded to the Plaintiff
- 3.Interim measures granted pending determination of the arbitral proceedings to protect the substratum of the dispute
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 7(1) of the Arbitration Act; Article 159(2)(c) of the Constitution of Kenya
Relief refused
#Defendant's preliminary objection seeking to halt the suit for want of jurisdiction and prematurity
The Court found the objection unmerited because the Plaintiff had complied with the arbitration clause and the Court has jurisdiction under Section 7 of the Arbitration Act to grant interim measures
Costs
Preliminary objection dismissed with costs to the Plaintiff
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.
In the circumstances, I find the Notice of Preliminary Objection dated 24th March 2024 unmerited and will dismiss it with costs.
I find that the Plaintifi has indeed established a prima facie case to warrant the grant of interim measures as envisaged under section 7 of the Arbitration Act as there is clearly a need to protect the substratum of the arbitral proceedings.
It is imperative that where a dispute resolution mechanism exists outside courts, the same be exhausted before the jurisdiction of the courts is invoked
It may be necessary for an arbitral tribunal or a national court to issue orders intended to preserve evidence, to protect assets, or in some other way to maintain the status quo pending the outcome of the arbitration proceedings themselves.
Issues in the judgment
#The Notice of Preliminary Objection is dated 24th March 2024, which predates the plaint dated 5th November 2024, an apparent chronological inconsistency
Judgment dated 2nd December 2025 whereas the status quo order was granted on 2nd December 2024; also paragraph numbering repeats (multiple paragraphs numbered 38)
The judgment states the Defendant 'does not deny he is not the registered proprietor of the said land', an ambiguous double negative that may be a typographical error
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gogo v Atancha (Environment and Land Case E460 of 2024) [2025] KEELC 8398 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8398/eng@2025-12-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.