Litigation

Litigation presents major challenges and concerns to organisations. Our goal is to assist clients, to the furthest extent possible, to avoid litigation by adopting negotiations, mediation and other informal techniques available for resolution of trade and commercial disputes. We endeavour to minimize costs associated with litigation including exposure to bad publicity and collapse of business relationships. Where litigation becomes inevitable, we embark upon vibrant and zealous protection and defence of our clients’ rights and interests in a given dispute and adopt techniques and approaches aimed at prompt resolution of the disputes to forestall interruption of business operations. Our lawyers are also well versed in arbitration practice. The work undertaken by our team of lawyers in the area of dispute resolution relates to:-

  1. Prosecution and defence of legal proceedings from inception to completion in the administrative/statutory tribunals as well as at all levels of the Kenyan Court system-subordinate court, specialised courts, High Court, Court of Appeal all the way to Supreme Court across the whole breadth of disputes relating to commercial matters such as enforcement of bank securities, insurance matters, contractual claims, winding-up proceedings, construction disputes, land disputes, labour and employment matters, debt collection, judicial review proceedings, constitution petitions and other disputes
  2. Regular analysis and preview of disputes including provision of legal opinions and advice as well as brokering negotiated and out-of-court settlements between conflicting parties with a view to averting unnecessary litigation and minimising costs, all aimed at achieving prompt and commercially-oriented solutions
  3. We are also at forefront of rendering advice to corporate clients on setting up internal dispute management and prevention mechanisms to handle and pre-empt disputes emanating from employees, suppliers, customers and others obviating needless and costly litigations.
  4. We also represent clients in arbitration proceedings, drafting of arbitration agreements, advising on appropriate steps for invocation of arbitral clauses, selection of institutional rules for conduct of proceedings, appointment of arbitrators, enforcement of awards in courts and many other associated aspects.