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 years for simple contract claims under the Limitation of Actions Act (Cap 22). A well-drafted demand letter frames the dispute and often opens settlement discussions.
Stage 2: Filing and case management
Commercial disputes are filed at the High Court of Kenya (Milimani Commercial Courts in Nairobi) or, for smaller values, the magistrates’ courts. Since 2016 the High Court’s case-management rules require the parties, early in the suit, to file statements of issues and consider alternative dispute resolution. Application of the case-management timetable has materially shortened many commercial suits.
Stage 3: Trial and judgment
Witness statements stand as evidence-in-chief, cross-examination drives credibility, and written submissions close the case. Judgment follows the court’s workload; a right of appeal lies to the Court of Appeal on points of law and fact.
What does commercial litigation cost?
Costs comprise court fees, advocates’ fees (governed in part by the Advocates Remuneration Order), and, often decisive, management time. We provide fee structures at engagement and reassess them at each stage. Our Nairobi litigation team can review your dispute at any stage. Book a confidential consultation.