commercial disputes | Page 2

Interlocutory Injunctions in Commercial Disputes: The Tests in Brief

September 10, 2026November 15, 2022 by Bruno Walela Situma

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

How Does Commercial Arbitration Work in Kenya?

September 10, 2026August 23, 2022 by Bruno Walela Situma

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