A distributor fails to pay for delivered goods. A contractor abandons the site half-way through the works. When one party does not perform its side of a bargain, the question that follows is practical: what can the injured party actually recover? Kenyan law offers a set of remedies whose selection shapes both the strategy and … Read more
A defendant owes a fixed, documented sum and has filed a defence that says almost nothing. Must the plaintiff still wait for a full trial? Under the Civil Procedure Rules 2010, not necessarily. What is a liquidated demand? A liquidated demand is a sum ascertained by calculation or from the documents: a dishonoured cheque, an … Read more
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
Email: [email protected] · Contact page
