What evidence should a party prepare for commercial 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
Parties preparing a claim, defence or hearing bundle.
The decision to make first
Build a dated chronology, preserve original documents and identify the witness who can explain each material event. Request only documents that are relevant and proportionate. A clear record usually assists more than an oversized bundle.
Kenyan legal and procedural context
Procedure is shaped by the Arbitration Act, any agreed rules and tribunal directions. The tribunal decides admissibility, relevance and weight, subject to the agreement and applicable law.
Prepare a usable record
Start with the contract set, chronology, emails, payment records, technical reports, witness list and document index. 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.