Ask company directors why they avoid the courts and the answer is rarely the fees; it is the audience. Court proceedings are public. Mediation is the opposite: a private, controlled process in which the dispute, the discussion, and the settlement terms stay behind closed doors. That privacy is one of the main reasons commercial parties … 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
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