The firm’s Dispute Resolution Team provides competent and experienced Civil Litigation and out of court (alternative) dispute resolution services for the Firm’s clients. The Team has developed a specialty in commercial, civil and public law litigation in various forms. We appear in the Supreme Court, the Court of Appeal, the High Court, the Industrial Court, the Business Premises Rent Tribunal, the Public Procurement Administrative Review Board, the Competition Authority and the nascent Public Private Partnerships Petition Committee. We also take up cases in the lower Courts if it is cost efficient for our clients to do so.
Specifically, we have considerable experience in the following practice areas:-
- Commercial Litigation
- Corporate Law Issues including Shareholder Disputes, Mergers and Restructurings
- Banking, Debt Recovery and Securities enforcement Litigation
- Intellectual Property
- Receiverships, Liquidation and other Insolvency Litigation
- Review of Administrative Actions
- Arbitration and Contractual Disputes
- Tribunals/Quasi-Judicial Bodies
- Constitutional and Judicial Review Litigation
- Tort and Insurance Litigation
- Mining & Commercial Property
- Commissions of Inquiry
- International Asset Recovery
With the growth of our corporate and commercial work, the Litigation and ADR practice of the firm has become increasingly busy with a commensurate expansion of the department.
The Dispute Resolution Team undertakes matters ranging from complex company law disputes and commercial issues to debt recovery and insolvency. We have acted for the major Kenyan banks in complex and heavily disputed receivership and insolvency matters, initiated proceedings against the Government and various regulatory authorities on behalf of clients whose substantial contracts or commercial activities have been affected by government or regulatory action, handled complex arbitration, and undertaken difficult enforcement of securities and debt recovery. Additionally, our lawyers have also advised and acted for major clients in employment disputes and acted for insurance companies in tort litigation.
Competence, efficiency, determination and integrity are what we strive for in our approach to clients’ litigation matters. Litigation may be a difficult experience for clients, particularly in the context of Kenya’s judicial system. We always seek to give realistic advice and assessments as to litigation proceedings. We advise from the initial potential dispute situation, to negotiating and preventive stages, the start of the proceedings, trial and beyond. Alternative dispute resolution is also always considered and explored with our clients as a faster means of resolving contentious matters.