How should a construction dispute be prepared for arbitration in Kenya? This guide explains the practical questions to resolve early. It gives general information about Kenyan commercial arbitration and is not a substitute for advice on a particular contract, dispute or deadline.
Who this guide is for
Employers, contractors, consultants and developers facing delay, payment or variation claims.
The decision to make first
Preserve the contract, programme, site records, certificates, notices and contemporaneous correspondence. Identify whether the contract requires a dispute board, negotiation or adjudication step before arbitration. Delay and valuation issues often turn on records created during the project.
Kenyan legal and procedural context
The governing contract and agreed dispute clause come first. Arbitration under Kenyan law may be available after contractual preconditions are met; the facts determine the appropriate sequence.
Prepare a usable record
Start with the building contract, programme, site diary, valuations, certificates, notices and correspondence. Keep originals, record when documents were received, and avoid altering or selectively collecting records after a dispute begins. A short chronology identifying the issue, the relevant clause, key events and requested remedy helps advisers and decision makers assess the next step.
Questions to ask before committing to a route
- What does the dispute clause require before arbitration begins?
- Is there an urgent risk to property, evidence, a project or the business relationship?
- What outcome is realistically available under the contract and applicable law?
- Would negotiation or mediation resolve part of the dispute without losing necessary rights?
Related reading
See the Arbitration and ADR practice page and the complete Arbitration in Kenya guide library for the next practical question.