Legal insights
Litigation
Commercial litigation and dispute resolution in Kenya: assessing a claim, pre-action notices and demand letters, limitation periods, the courts and their jurisdiction, pleadings and filing, interlocutory injunctions and other interim relief, summary judgment and security for costs, appeals, execution and garnishee proceedings, party-and-party costs, and enforcing or resisting a judgment. The guides explain the procedural steps, the documents that decide applications and the points at which settlement or mediation may be the better route.
Party-and-Party Costs in Kenya
In most commercial suits the losing party is ordered to pay the winner's costs, but not automatically at the amount the advocate has charged.…
Read the noteSummary Judgment for Liquidated Claims in Kenya
A defendant owes a fixed, documented sum and files a defence that says little. Does the creditor still have to wait for a full…
Read the noteContract Clauses That Prevent Disputes
Many commercial disputes begin with a contract that was silent on the question the parties later argued about. By the time the argument starts,…
Read the notePrivate Mediation in Kenya
Private mediation allows the parties to a dispute to choose their own neutral mediator and negotiate a settlement before the matter becomes more expensive…
Read the noteJudicial Review in Kenya: Process and Deadlines
Judicial review is the High Court's power to examine whether a public decision was made lawfully. It is not an appeal on the merits.…
Read the noteRemedies for Breach of Contract in Kenya
A distributor stops paying for delivered goods. A contractor leaves site before completion. A supplier delivers material that does not meet the specification. When…
Read the noteFiling a Commercial Suit at Milimani
A customer has stopped paying, a joint venture has broken down, and correspondence has achieved nothing. Sooner or later the question becomes practical: how…
Read the noteSecurity for Costs in Kenyan Litigation
Defendants are not obliged to meet every claim as filed. Where a suit appears designed to pressure rather than to vindicate a right, Kenyan…
Read the noteDisobeying a Court Order in Kenya
The court has ordered a company to stop using a supplier's name, or to deliver up documents, or to release an interim amount. Months…
Read the noteInterlocutory Injunctions in Kenya
A distributor has begun selling reserved stock to a competitor, or a departing director is moving client files. Waiting for a full trial may…
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