Party-and-Party Costs Under the Advocates Remuneration Order

Kenya High Court building in Nairobi

In most commercial suits the losing party is ordered to pay the winner’s costs, but not automatically at the amount the advocate has charged. Recovery is governed by the Advocates Remuneration Order. What is the difference between party-and-party and client costs? Client costs are what an advocate charges the client under their own retainer. Party-and-party … Read more

What Happens if Mediation Fails in Kenya?

Scales of justice representing dispute resolution

Mediation is voluntary, so no one can be forced to settle. Parties sometimes hold back for fear that a failed mediation wastes money or hands the other side ammunition. Kenyan practice is built to prevent both outcomes, and knowing what happens after an unsuccessful session makes it easier to engage openly while it is running. … Read more

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