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 show a prima facie case with a likelihood of success; that the threatened harm is irreparable and cannot adequately be compensated by an award of damages; and, where the court is left in doubt, that the balance of convenience favours granting the order. The governing statutes, including the Arbitration Act 1995, which permits interim measures alongside arbitration, are published by Kenya Law (kenyalaw.org).
What does the court expect from an applicant?
Full and candid disclosure of all material facts, including those adverse to the applicant. The application is brought by notice of motion supported by a sworn affidavit and documents, and it should be moved promptly: delay is treated as relevant to whether interim protection is deserved. The applicant is normally required to give an undertaking in damages, a commitment to compensate the respondent if the injunction later proves unjustified.
How long does an injunction last, and what if it is breached?
An interlocutory injunction preserves the position until trial or until the court orders otherwise, and it binds the parties to the proceedings. Disobedience may amount to contempt of court, which carries its own consequences. Because these orders are discretionary, the quality of the evidence and the precision of the drafting matter as much as the underlying merits.
Some protection can be arranged in advance. Well-drafted confidentiality and non-solicitation clauses, and an arbitration clause permitting urgent interim measures, change what is achievable at short notice; our commercial contracts practice reviews these provisions for trading businesses.
If a dispute is moving quickly, early advice on interim applications helps you file, or resist, an injunction on solid evidence. Where the relationship already contains an arbitration agreement, our arbitration and ADR practice can address emergency measures through that channel instead.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.