Samba wants to leave Ewood Park after handing in a transfer request last month following offers from QPR and Tottenham. But the club refused to allow him to move clubs in the January window.
The 27-year-old, who has not played since the home defeat to Stoke on January 2 - partly due to an ankle injury, was omitted from the squad for Rovers' 7-1 humiliation at Arsenal at the weekend despite being fit and available for selection.
After the crushing loss at Emirates Stadium, which left Blackburn three points from safety in the Premier League, Kean said: "Obviously, without going too deep because it could get into a position where ... [and] I'm not a legal expert, but he's fit and he's available for selection, but I've decided not to put him in the squad.
"He's one of our key defenders and you always miss any player when they're not available. It's a position where we'd like to get it resolved as soon as possible, because I think the way we are just now is not really helpful for anybody."
While the club assess their legal options, it is believed the Professional Footballers' Association has not been approached to help resolve the situation.