Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Business litigation in Kenya follows a structured path from demand to judgment, and increasingly to alternative resolution along the way. Understanding the stages helps Nairobi businesses budget realistically and make informed decisions at each step. Stage 1: Case evaluation and demand Before filing, counsel reviews the contract, correspondence, and evidence, and tests limitation periods, six … Read more
A distributor has begun selling reserved stock to a competitor, or a departing director is moving client files. Waiting for a full trial may take a year or more, interlocutory injunctions exist for this window. What tests does the court apply? Kenyan courts apply the principles settled in Giella v Cassman Brown. An applicant must … Read more
A supply agreement expires badly, and one party notices a clause neither of them dwelt on at signing: disputes are to be referred to arbitration in Nairobi. The clause now controls how the disagreement will be resolved. Businesses served with a notice to arbitrate, or considering serving one, should understand the path ahead before positions … Read more
A customer has stopped paying, a joint venture has broken down, and correspondence has achieved nothing. Sooner or later the question becomes practical: how does a commercial suit actually begin in the High Court at Milimani? Where should a commercial dispute be filed? The High Court has unlimited original jurisdiction in civil matters, and much … Read more
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