Litigation Is Not Always the Answer: Choosing the Right Path to Resolve a Dispute

Kenyan courts are not the only, or always the best, route to resolving a commercial or property dispute — and an early, honest assessment of your options usually saves both money and relationships.

The options, roughly in order of speed and cost

• Negotiation — often the fastest and cheapest path, especially where an ongoing relationship matters
• Mediation — a neutral third party facilitates a settlement; non-binding until agreed and recorded
• Arbitration — a binding, private process, often faster than court and increasingly used in commercial contracts that specify it upfront
• Litigation — public, often slower, but sometimes necessary where the other party won't engage, or where a binding court precedent is genuinely needed

What we assess before recommending a path

The strength of your position on the facts, what the dispute is actually worth pursuing, what a realistic timeline looks like, and whether the contract already specifies a required dispute resolution mechanism you're bound to follow first.

We provide a candid early view — including, where fighting isn't worth it, telling you so plainly.

This article is general information, not legal advice, and reflects the law as it currently stands. Rates, fees, and procedures are subject to change.