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 of Nairobi’s commercial docket is handled at the Milimani Law Courts, including through the Commercial and Tax Division. Smaller claims may fall within the pecuniary limits of the magistrates’ courts or the Small Claims Court, so it is worth confirming the correct forum before filing, a suit filed in the wrong court invites technical objections and delay.
What are the steps in filing a commercial suit?
- A final demand letter, which sometimes produces payment without proceedings.
- A plaint prepared under the Civil Procedure Act (Cap 21) and the Civil Procedure Rules 2010, setting out the parties, the facts relied on and the relief sought.
- Filing through the Judiciary e-filing portal (www.judiciary.go.ke) and payment of the prescribed court fees.
- Extraction of summons to enter appearance and service on the defendant.
- The defendant’s appearance and defence within the periods set by the Civil Procedure Rules 2010.
Once the pleadings close, the file moves through case conferences and pre-trial directions before a hearing date is fixed. Documentary evidence, contracts, invoices, board minutes and correspondence, should be assembled early, because late amendments and adjournments cost both time and money.
How long does a commercial case take in Kenya?
Timelines vary with the complexity of the claim, the court’s diary and the conduct of the parties. A straightforward suit may conclude within a year or two; heavily contested matters with many witnesses take longer. Judgments are published by Kenya Law (kenyalaw.org), which is also where the governing statutes can be read in full.
Because most commercial disputes trace back to how an agreement was written, it is sensible to have contracts reviewed before trouble starts, see our commercial contracts practice. And where proceedings do become necessary, pleadings that comply with the rules from the first filing save months of avoidable correction; our practice areas page sets out how we approach commercial disputes.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.