Practice Area 06
Litigation & Dispute Resolution
Strategic Representation. Focused Advocacy.
Disputes consume time, money and attention. Our first question in any dispute is what a realistic and proportionate outcome looks like, and what route is most likely to reach it.
We advise candidly on the strength of a position, pursue settlement and mediation where they serve the client, and conduct contested proceedings with focused, well-prepared advocacy where they do not.
Our Services in Litigation & ADR
Civil Litigation
Representation in civil claims before the courts.
Commercial Disputes
Disputes between businesses, partners, shareholders and counterparties.
Employment Disputes
Contested terminations, claims and workplace disputes.
Family Disputes
Contested family and matrimonial proceedings.
Succession Disputes
Contested grants, entitlement and estate administration disputes.
Debt Recovery
Demand, negotiation and recovery proceedings for unpaid sums.
Contract Disputes
Breach, interpretation, termination and enforcement of agreements.
Property Disputes
Disputes over ownership, boundaries, leases and possession.
Small Claims Court
Representation and guidance on lower-value claims.
Tribunal Matters
Proceedings before tribunals with specialised jurisdiction.
Negotiation
Structured settlement negotiation before or during proceedings.
Mediation
Mediated resolution conducted by a qualified mediator.
Alternative Dispute Resolution
ADR routes designed to resolve matters faster and at lower cost where suitable.
When You May Need This Service
- A contract has been breached and discussions have failed
- Money owed to your business has not been paid
- Proceedings have been filed against you
- A property, employment or succession disagreement has escalated
- You want an honest assessment of your position before committing to litigation
How We Help
We assess the legal position and the commercial reality together.
We attempt proportionate resolution before contested proceedings where appropriate.
We prepare thoroughly and advocate with focus.
We keep clients informed about cost, timing and risk throughout.
How disputes are typically approached
Step 01
Assess
Review the facts, documents and legal position.
Step 02
Negotiate
Attempt direct resolution where the parties are able to engage.
Step 03
Mediate
Use a mediated process where negotiation alone does not resolve matters.
Step 04
Litigate where necessary
Commence or defend proceedings when resolution is not achievable.
Frequently Asked Questions
- What is the difference between mediation and litigation?
- Mediation is a facilitated process in which the parties work towards an agreed outcome. Litigation is a contested process in which a court determines the matter. Mediation is usually faster and less costly, but it depends on the willingness of both parties to engage.
- How long does a dispute take to resolve?
- It depends on the forum, complexity and conduct of the parties. Negotiated outcomes can be reached in weeks; contested proceedings take considerably longer. We give a realistic indication once we have reviewed the matter.
- Do you guarantee an outcome?
- No. Legal outcomes depend on the facts, the evidence and the applicable law. We provide a candid assessment rather than a guarantee.
Legal Insights
Related reading
- Litigation
Mediation and Alternative Dispute Resolution in Kenya
Not every dispute needs to be litigated. Mediation and other ADR routes can resolve matters faster and at lower cost where the parties will engage.
Read article - Commercial Law
Commercial Debt Recovery in Kenya: Legal Options for Businesses
Unpaid invoices damage cash flow. There is usually a sequence of steps worth taking before proceedings are commenced.
Read article
P M Kisonzo & Company Advocates
- Panari Hotel Building
1st Floor, Suite 5B
Mombasa Road
Nairobi, Kenya - 07191937670702515404
- pmkisonzocoadvocates@gmail.commaoketchcoadvocates@gmail.com
