Expertise
Litigation & Dispute Resolution Services in Kenya
Our legal approach is grounded in a deep understanding of Kenya's legal framework, including the Civil Procedure Act, 2010, and the Arbitration Act, 1995 . We tailor our strategy to each unique case, prioritizing practical, cost-effective solutions that protect your interests and restore stability.
Our Approach to Dispute Resolution
We believe that not every dispute requires a lengthy and costly court battle. Our philosophy is to explore all available avenues for resolution, starting with Alternative Dispute Resolution (ADR) mechanisms.
Mediation
This is a voluntary and confidential process where a neutral third party facilitates communication to help parties reach a mutually acceptable agreement. It's often faster and less expensive than litigation and helps preserve relationships.
Arbitration
This is a private, legally binding process where a dispute is submitted to an impartial third party for a decision. The Arbitration Act, 1995 , empowers arbitrators to make a final and enforceable award, which is a powerful tool for resolving commercial disputes.
Litigation
When ADR is unsuitable, we provide robust representation in court. Our lawyers are experienced in handling complex cases across Kenya's court system, from the Small Claims Court to the High Court and the Court of Appeal.
Key Areas of Practice
Our litigation team has a broad range of experience across diverse industries, enabling us to handle a variety of legal disputes.
1. Commercial Litigation
We represent clients in a range of commercial matters, including:
- Breach of Contract: We enforce contractual rights and seek remedies such as damages.
- Shareholder and Partnership Disputes: Resolving conflicts among business partners.
- Debt Recovery and Collection: We provide end-to-end legal services for recovering outstanding debts, from issuing formal demand letters to enforcing a court judgment.
2. Constitutional and Human Rights Law
We advocate for clients whose constitutional rights have been violated. Our services include filing petitions to challenge actions that infringe on fundamental rights as enshrined in the Constitution of Kenya, 2010.
3. Employment & Labour Disputes
Workplace conflicts can be emotionally and financially taxing. We represent both employers and employees in disputes related to unfair dismissal, employment contracts, and labor relations, primarily handled by the Employment and Labour Relations Court (ELRC).
4. Land and Environmental Disputes
We provide legal guidance on disputes over ownership and boundaries. These matters are heard at the Environment and Land Court (ELC), a specialized court with exclusive jurisdiction over land and environmental disputes.
5. Other Key Areas
- Insolvency: Advising creditors on debt recovery through liquidation and receivership proceedings.
- Procurement Disputes: Handling challenges and appeals related to public procurement processes.
- Climate Litigation: Providing legal counsel on emerging legal issues related to climate change.
Frequently Asked Questions
A litigation lawyer in Nairobi represents clients in court and other legal forums to resolve disputes. Their role is governed by the Advocates Act. Their role includes case assessment, drafting pleadings, filing motions, managing evidence, negotiating settlements, and advocating for clients during hearings and trials.
Resolve Disputes with Confidence — Partner with BIK ADVOCATES LLP!
Facing a legal dispute can be overwhelming, but our experienced team is here to advocate for your rights and secure the best possible outcome.
