Can shareholder or joint-venture disputes be resolved through 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
Founders, investors and company directors facing a governance impasse.
The decision to make first
Check the shareholders’ agreement, articles and investment documents together. Define whether the immediate need is information, a board decision, interim protection or final resolution. Preserve company records and avoid unilateral acts that may deepen the dispute.
Kenyan legal and procedural context
Arbitrability and available remedies depend on the agreement, company structure and statutory context. The Arbitration Act may apply where there is a valid arbitration agreement, but urgent company-law remedies may require separate analysis.
Prepare a usable record
Start with the shareholders agreement, articles, board minutes, cap table, notices and financial records. 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.