Dispute Resolution
Expert Legal Representation.
About the Practice
We fight to win, and we know when not to fight at all. The most valuable advice in litigation is often the advice which keeps a client out of court, and we give it early. When the matter must be fought we prepare it thoroughly, argue it hard and see it through to the highest court in the land when it comes to that.
Our practice spans commercial litigation, constitutional petitions and judicial review, land and title disputes, succession causes, procurement appeals before the Public Procurement Administrative Review Board, recovery of debts from private and public bodies and the enforcement of decrees and arbitral awards, before the High Court, the Employment and Labour Relations Court, the Environment and Land Court and the specialist tribunals. We are as comfortable defending a county government against a multibillion shilling claim as we are pursuing a public body on behalf of a citizen it has wronged, and having sat on both sides of the record we advise with unusual clarity about how a case will run.
Clients get candid views on prospects, cost and time, and they get a team which treats a KES 10 billion appeal and a family succession cause with the same seriousness. We also draft the dispute resolution clauses in our clients' contracts, because the forum chosen at signing decides how the argument ends years later.
Select Experience
Defending a county government in a commercial dispute exceeding KES 9 billion, now before the Court of Appeal
Defending a county government in two constitutional petitions by more than 8,000 residents seeking billions of shillings in compensation for alleged unlawful evictions
Defending a county government in multiple constitutional land petitions over public land valued at hundreds of millions of shillings, and filing cross petitions to cancel irregular titles and restore the land to the county
Acting for a county government in a dispute over the irregular subdivision of public hospital land, with a cross petition for the cancellation of private titles
Defending a county government in a KES 104 million unlawful eviction claim and a related judicial review concerning the disposal of unclaimed remains at burial sites
Lead counsel for approximately 400 former employees of a national telecommunications company in a constitutional petition before the Employment and Labour Relations Court arising from a phased retrenchment
Acting for a leading healthcare facility in a trademark infringement and passing off suit against a competitor which adopted a confusingly similar name, logo and get up
Acting for a leading company in a data protection and corporate governance dispute on the unlawful collection of personal data and the balance between the right to information and privacy under the Data Protection Act 2019
Advising a forum of suppliers to four state owned sugar companies on the recovery of unpaid pre lease supplies exceeding KES 150 million from the Government of Kenya, through structured negotiation and coordinated suits leading to mandamus and contempt proceedings
Advising a bidder on a national tender dispute before the Public Procurement Administrative Review Board, including the written opinion and the strategy for a fresh evaluation and award
Acting for a business owner in a constitutional petition against two county governments for conservatory orders and damages following repeated raids on licensed premises
Acting in succession proceedings in the High Court and in commercial arbitration under the Arbitration Act 1995 and the rules of the Nairobi Centre for International Arbitration
Frequently Asked Questions
How long does a commercial case take in Kenya?
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A commercial suit in the High Court commonly takes two to four years to judgment, and an appeal adds further years. Interim orders, however, come quickly, and a well pleaded case with a strong application often settles long before trial. We give a candid estimate of time and cost at the outset and update it as the case develops.
Should my contract provide for arbitration or the courts?
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Arbitration is private, generally faster and final, and awards are readily enforced under the Arbitration Act 1995, which makes it the better choice for most commercial contracts of value. The courts remain preferable where a party expects to need urgent injunctions, wants the right of appeal or is dealing with a counterparty unlikely to pay an arbitrator's fees. We draft the clause to fit the relationship.
What is a constitutional petition?
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A petition under Article 22 of the Constitution asks the High Court to enforce a right or fundamental freedom in the Bill of Rights, whether against the State, a county government or a private body. It is the route for challenging unlawful evictions, unfair administrative action, discrimination and unlawful regulatory conduct, and it carries wide remedies including conservatory orders and compensation.
How do I challenge a public tender award?
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A bidder aggrieved by a procurement decision applies to the Public Procurement Administrative Review Board within 14 days of the notification, and the Board must decide within 21 days. The timelines are strict and the record is everything, so the moment a bidder suspects an irregularity is the moment to call.
Can I recover a debt from a government body?
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Yes, though the route differs. Section 13A of the Government Proceedings Act requires notice before suing the national government, judgment is enforced through a certificate of order rather than execution, and non payment is pursued by mandamus and, ultimately, contempt against the accounting officer. Counties and state corporations have their own rules, and we have run this course for suppliers and contractors.
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