A boundary dispute, a deposit stuck with a seller, a disagreement over inherited land , and you are ten thousand kilometres away. Property disputes in Kenya can usually be advanced without a flight home. Can a Kenyan property dispute be resolved without travelling? In many cases, yes. An advocate instructed by you can appear, correspond … Read more
The cheapest case is the one that is never filed. Much of Kenyan commercial litigation begins with a contract that was silent on the exact question the parties ended up arguing about, and by then the drafting options have narrowed. Which clauses actually prevent disputes? Clear scope, deliverables and payment terms, with dates and currencies … Read more
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
Not every dispute belongs in a courtroom. Arbitration, mediation, and structured negotiation resolve a large share of commercial disagreements in Kenya , often faster, privately, and on terms the parties help design. The skill is knowing which path a particular dispute should take. What is alternative dispute resolution? Negotiation , direct, structured discussion between the … Read more
Mining is a long game played through contracts and licences, and disagreement is inevitable: with partners, contractors, communities or the regulator. How a disagreement is resolved matters as much as the outcome, because a mine cannot pause for years of litigation. Investors who plan the machinery of resolution early spend less time in conflict later. … Read more
The old man’s shamba in Vihiga has been farmed by three of his sons for years, each on an agreed portion that was never registered. Now a road project is coming and compensation is on the table, and the family learns that on paper the land still belongs to the deceased. Why do rural land … Read more
Construction projects concentrate money, deadlines and multiple contracts in one place, and so generate disputes at a reliable rate. The same relationships that produce the dispute also argue for resolving it without a public fight, which is why mediation has become the first resort on Kenyan construction projects. Which construction disputes suit mediation? Delays and … Read more
Debt disputes look binary: the money is owed or it is not. In practice most banking and credit disputes conceal negotiable ground: restructuring, timing, security, interest, and the cost of enforcement. Mediation is the forum where that ground is worked systematically. For businesses with several facilities at stake, one structured negotiation is usually easier to … Read more
The suit has been filed, the pleadings are settling, and the court directs the parties to mediation. Some litigants read the referral as delay; experienced ones recognise it as the route through which a considerable share of civil matters now conclude. Knowing what the process involves helps parties use the opportunity well rather than treat … Read more
A dispute inside a family business carries a double risk: the company can be damaged by the fight itself, and the family can be damaged by the way the fight is conducted. Mediation is designed for exactly this overlap of relationship and commerce, which is why advisers increasingly steer these disputes to mediation at the … Read more
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