Dispute Resolution & Litigation

Dispute resolution and litigation is the practice of resolving conflicts through the court system or, increasingly, through alternative dispute resolution mechanisms. In Kenya, the dispute resolution landscape has evolved significantly since the 2010 Constitution, with a restructured judiciary, specialised courts, and a growing emphasis on mediation and arbitration as faster, more cost-effective alternatives to traditional litigation.

This area covers civil and commercial litigation across all court levels — from the Small Claims Court for matters under KES 1,000,000, through the Magistrates' Courts, the High Court, the Court of Appeal, and the Supreme Court of Kenya. Advocates represent plaintiffs and defendants in breach of contract claims, debt recovery, property disputes, tort claims, and judicial review applications. Advocates in this area handle every stage of the process: pre-action correspondence, pleadings, interlocutory applications (injunctions, security for costs, discovery), trial, judgment, and execution of decrees.

In practice, litigation is often a last resort, and the best outcome is frequently one that is negotiated rather than imposed by a court. For that reason, they integrate alternative dispute resolution into the strategy from the outset. The work also covers domestic and international arbitration under the Arbitration Act, 1995 (as amended in 2009), and they represent clients in arbitrations seated in Kenya and abroad under the rules of the Nairobi Centre for International Arbitration (NCIA), the ICC, and ad hoc tribunals. Advocates also conduct mediation and conciliation proceedings, both court-annexed and private, and they draft settlement agreements that are enforceable under the Civil Procedure Act.

Debt recovery is a significant component of this practice area. Advocates act for banks, businesses, and individuals in the recovery of unpaid debts, using the full toolkit available under Kenyan law: demand letters, filing of recovery suits, attachment of assets through garnishee orders and charging orders, and execution of decrees through the bailiff system. Advocates are mindful of the cost-benefit calculus that underpins every recovery action, and they advise clients honestly about the prospects of success and the likely recovery net of legal costs.

Appeals form a specialised subset of litigation that demands a different skill set. Drafting a notice of appeal, compiling the record of appeal, and preparing written submissions that persuade appellate judges to overturn a lower court's decision requires precision, thoroughness, and a deep understanding of appellate procedure. Appeals reach the Court of Appeal and the Supreme Court on questions ranging from commercial contract interpretation to constitutional jurisdiction questions.

Throughout every matter, they emphasise strategic thinking. Advocates assess the merits early, identify the client's commercial objectives, and recommend the most efficient path to resolution — whether that means fighting aggressively in court, pursuing a negotiated settlement, or a combination of both. Advocates provide realistic cost estimates and regular progress updates, so that clients are never in the dark about the status or the cost of their matter.