Kenyan parties can mediate in two settings: privately, on their own initiative, or through court-annexed mediation after a case is filed. Neither route is inherently the better one. Each fits different situations, and the differences are mostly practical, so it helps to understand the mechanics of both before choosing deliberately rather than by default. What … Read more
The court has ordered a company to stop using a supplier’s name, or to deliver up documents, or to release an interim amount. Months pass and nothing changes. A court order is only as effective as the consequences that follow disobedience, and the law on contempt supplies those consequences for commercial litigants on both sides … Read more
Parties told to “resolve this out of court” often meet two words: mediation and arbitration. Both sit outside the public courtroom and are recognised in Kenyan law, yet they answer the dispute in fundamentally different ways. Choosing between them turns on who decides, what gets produced, and how the result is enforced. How do mediation … Read more
One worry stops parties from mediating: what if the other side signs the settlement and then ignores it? The short answer is that a properly concluded mediated settlement agreement binds the parties, and the courts give it teeth. Understanding how enforcement works also changes how you negotiate, because terms that look generous but cannot be … Read more
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