PRACTICE AREA DETAILS
- Date 01 Jun 2016
- Location Golf View Office Suites, 6th Floor, Wambui Road Off Kiambu Road, Opposite Muthaiga Golf Club, Nairobi
- Category Dispute Management Department
ABOUT THIS PRACTICE AREA
Commercial dispute resolution is at the heart of the firm’s practice. The firm brings a strategic, multi-disciplinary approach to commercial disputes, recognising that the manner in which a dispute is managed has significant implications not only for the financial outcome but also for the preservation of business relationships and commercial reputation.
Scope of Commercial Disputes
The firm handles a wide range of commercial disputes across multiple sectors, including:
- Breach of contract and enforcement of contractual rights and remedies, including injunctions, specific performance, and damages.
- Shareholder and partnership disputes, including minority shareholder oppression, director duties, breach of shareholders’ agreements, and disputes arising from joint ventures.
- Banking and financial services disputes, including enforcement of loan agreements, recovery of securities, disputes with financial regulators, and claims arising from letters of credit and bank guarantees.
- Insurance disputes, including contested claims, policy interpretation, subrogation, and disputes with the Insurance Regulatory Authority.
- Intellectual property disputes, including trade mark infringement, passing off, breach of confidentiality, and copyright matters before the Kenya Industrial Property Institute.
- Agency, distribution, and franchise disputes, including wrongful termination of agency and commission recovery claims.
- Technology and telecommunications disputes, including data protection compliance, breach of technology contracts, and regulatory matters.
Litigation Strategy
The firm takes a proactive stance when a client foresees a dispute. Rather than waiting for proceedings to be formally commenced, the firm engages immediately to assess the nature and strength of the dispute, evaluate evidence, identify potential defendants and co-claimants, and determine the most efficient forum and mechanism for resolution. Where mediation or negotiation offers a viable and faster path to resolution, the firm pursues those avenues as a priority — consistent with the firm’s firm commitment to efficient dispute management. Where litigation is unavoidable, the firm represents clients with vigour across all levels of the court hierarchy, including the Magistrates’ Court, High Court, Court of Appeal, and Supreme Court of Kenya.
