Kagombe v Mwangi & another (Environment and Land Case E013 of 2026) [2026] KEELC 3163 (KLR)
The bottom line
#A Nairobi land court stayed a property dispute and sent it to arbitration, but froze the land title and preserved KES 3 million until the arbitrator decides.
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 arbitration clause contained in the Sale Agreement divests this Court of jurisdiction to entertain the present application and suit at this stage
- 2.Whether the Plaintiff/Applicant has established a basis for grant of interim preservatory reliefs pending arbitration
Key legal issues
#Effect of the arbitration clause on the Court's jurisdiction
The dispute falls within the scope of Clause 22 of the Sale Agreement and is amenable to arbitration in the first instance; the proceedings are stayed under Section 6(1) of the Arbitration Act as the Respondent invoked the clause at the earliest opportunity.
The Court found it undisputed that the parties' Sale Agreement of 2nd November 2018 contained an arbitration clause. The disputes raised arose directly from the parties' obligations under that agreement. The arbitration clause was never challenged and the Respondent invoked it at the earliest opportunity before taking further steps in the proceedings. Guided by Anne Mumbi Hinga v Victoria Njoki Gathara, the Court held the Arbitration Act is a complete code and courts must respect party autonomy by staying proceedings absent the Section 6(1) exceptions.
Entitlement to interim preservatory reliefs pending arbitration
The Applicant established an arguable prima facie claim and met the Giella threshold for interim preservatory relief pending arbitration.
The Applicant demonstrated payment of a KES 6,000,000 deposit, possession and farming of the suit portion for over seven years, and an unsolicited KES 3,000,000 refund without completion or rescission notice. Without making definitive findings at the interlocutory stage, the Court was satisfied the claim was arguable. Her possessory and equitable interests faced risk of alienation, and the balance of convenience favoured preserving the substratum of the dispute pending arbitration.
Legal principles established
#- Where there exists a valid and binding arbitration agreement, the Court is enjoined to stay proceedings unless the exceptions under Section 6(1) of the Arbitration Act are established
- The High Court may grant interim measures of protection before or during arbitral proceedings notwithstanding an arbitration agreement
Court orders
#- 1.These proceedings are hereby stayed pending reference of the dispute to arbitration in accordance with Clause 22 of the Sale Agreement dated 2nd November 2018
- 2.Pending the hearing and determination of the arbitral proceedings, a temporary injunction is hereby issued restraining the 1st Respondent/Defendant from dealing in any manner whatsoever with Title Number NAIROBI/BLOCK 188/350
- 3.Pending the hearing and determination of the arbitral proceedings, an inhibition order is hereby issued against Title Number NAIROBI/BLOCK 188/350
- 4.The sum of KES 3,000,000/= remitted to the Plaintiff/Applicant on 6th January 2026 shall be preserved in a joint interest earning account in the names of counsel for the parties pending the arbitral proceedings
- 5.The parties shall take steps to commence the arbitral process within thirty (30) days from the date hereof
- 6.Costs shall abide the outcome of the arbitral proceedings
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 40(1) of the Constitution of Kenya; Sections 13(1), 13(2)(d), 13(2)(e), 13(5)(a), 18(c), 19 and 27 of the Environment and Land Court Act; Section 3A of the Civil Procedure Act; Section 7(1) of the Arbitration Act
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.
These proceedings are hereby stayed pending reference of the dispute to arbitration in accordance with Clause 22 of the Sale Agreement dated 2nd November 2018.
Pending the hearing and determination of the arbitral proceedings, a temporary injunction is hereby issued restraining the 1st Respondent/Defendant from dealing in any manner whatsoever with Title Number NAIROBI/BLOCK 188/350.
The sum of KES 3,000,000/= remitted to the Plaintiff/Applicant on 6th January 2026 shall be preserved in a joint interest earning account in the names of counsel for the parties pending the arbitral proceedings.
Costs shall abide the outcome of the arbitral proceedings.
The underlying principle is that courts must respect and give effect to arbitration agreements as an expression of party autonomy.
Issues in the judgment
#The parties are referred to as Plaintiff/Applicant and 1st Respondent/Defendant, but a second Respondent is listed at the hearing (N/A for 2nd Respondent) without being identified anywhere in the judgment.
The judgment is headed as a ruling on a Notice of Motion yet includes the Applicant's full suit claim details; no defence submissions were filed but the court proceeded on 'submissions and authorities on record'.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kagombe v Mwangi & another (Environment and Land Case E013 of 2026) [2026] KEELC 3163 (KLR)", Case Analysis (2026). ELC Case No. E013 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3163/eng@2026-05-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.