Blog - Dispute Resolution

Dispute Resolution

Big Relief For Foreign Companies In Kenya As The High Court Departs From Past Decisions On The Right To Sue

For years, foreign companies looking to sue in Kenya have lived with a nagging fear. Thanks to rulings like Stichting Rabo Bank Foundation v Ava Chem [2024] and Root Capital Incorporated [2016], the m...

Dispute Resolution

Court Of Appeal Confirms Power To Reopen Its Own Judgments In The Interest Of Justice

Kenya Court of Appeal Reaffirms Its Residual Jurisdiction to Reopen Final Judgments in Exceptional Cases. In a significant decision delivered on 9 June 2023, the Court of Appeal of Kenya in Mwambeja R...

Dispute Resolution

𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 𝐜𝐥𝐨𝐬𝐞𝐬 𝐭𝐡𝐞 𝐥𝐨𝐨𝐩𝐡𝐨𝐥𝐞 𝐨𝐧 𝐒𝐩𝐞𝐜𝐢𝐚𝐥𝐥𝐲 𝐏𝐞𝐫𝐦𝐢𝐭𝐭𝐞𝐝 𝐚𝐰𝐚𝐫𝐝𝐬 𝐢𝐧 𝐏𝐫𝐨𝐜𝐮𝐫𝐞𝐦𝐞𝐧𝐭 𝐋𝐚𝐰𝐬

Governments across the world frequently appeal to national security, emergencies, or “special circumstances” when seeking to bypass established procedural laws—particularly those that govern pub...

Dispute Resolution

What The Qureshi Case Teaches Us About Preventing Professional Negligence

In 2007, a woman entered a hospital expecting a standard hysterectomy. Instead, she emerged from surgery with her cervix removed without informed consent, suffered post-operative neglect, and faced li...

Dispute Resolution

The Implications Of Dual Employment In Termination Claims- Ogola V Anyango (appeal E138 Of 2024) [2024] Keelrc 13504 (klr)

The lower court delivered a ruling striking out suit Mombasa CMELRC No. E592 of 2022 on grounds that it was res judicata. The appellant was aggrieved with its decision and hence appealed to the High C...

Dispute Resolution

The Rise Of Family Mediation And The Enforcement Of Agreements In Kenya

Recent judicial pronouncements in Kenya demonstrate a growing emphasis on Alternative Dispute Resolution (ADR) mechanisms, particularly mediation, in resolving family disputes. This shift reflects the...

Dispute Resolution

Silencing The Noise: A Landmark Victory For Estate Residents Against Noisy Establishments

It has been a long and industrious day at work. All you need is to get home and enjoy your hard-earned rest. But Alas! The entertainment spot right next to your estate has opened its doors and the lou...

Dispute Resolution

Supreme Court Reaffirms The Appeal Threshold Under Section 35 Of The Arbitration Act.

Recently, the Supreme Court affirmed that a very limited avenue is available to allow any appeals stemming from Article 35 of the Arbitration Act in its decision rendered on 12th April 2024 between Ka...

Dispute Resolution

Resolving Shareholder And Boardroom Disputes

Incidents of shareholder and boardroom disputes are commonplace in both public and private companies. The causes of such disputes are varied and will generally involve: breach or lack of trust between...