Clay&AssociatesAdvocates

Litigation & Dispute Resolution

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Analysis and commentary on Kenyan law as it is practised: corporate, IP, regulatory, disputes and the industries we serve. Written by the advocates who do the work.

Kenyan lawyer reviewing mortgage and property documentsLitigation & Dispute ResolutionChallenging a Mortgagee’s Statutory Power of Sale in KenyaWhen a borrower falls behind on loan repayments secured by land in Kenya, the lender, known in law…12 Sep 2026African market traders selling produce at their business stallCorporate & CommercialBusiness Owners and Constitutional Petitions: Protecting Property Rights Under Article 40Business Owners Constitutional Petitions Property Rights Kenya cases under Article 40 are usually assumed to be about farmland…12 Sep 2026Statue of justice with scales, gavel and open law bookRegulatory & ComplianceConstitutional Petitions Against Unfair Administrative Action: Article 47 in PracticeConstitutional Petitions Unfair Administrative Action Kenya cases under Article 47 are not abstract constitutional theory. For a business,…12 Sep 2026Financial documents and records under regulatory reviewRegulatory & ComplianceJudicial Review of Regulatory and Licensing Decisions: When Can You Sue the Regulator?Judicial Review Regulatory Licensing Decisions Kenya cases raise a question that general judicial review guidance rarely answers directly:…12 Sep 2026Official stamp used to approve or authorise a documentRegulatory & ComplianceChallenging a Government Procurement Decision Through Judicial Review in KenyaJudicial Review Procurement Decisions Kenya questions almost always come from a bidder who has just lost a tender…12 Sep 2026Judge's gavel resting beside a law bookCorporate & CommercialInterim Injunctions in Kenyan Commercial Disputes: The Giella v Cassman Brown Test in PracticeInterim Injunctions Kenyan Commercial Disputes are decided, in practice, by a single three-part test that has survived more…12 Sep 2026Magnifying glass symbolising investigation of a fraud claimCorporate & CommercialFraud and Misrepresentation Claims in Kenyan Commercial Litigation: What You Must ProveFraud Misrepresentation Claims Kenyan Commercial Litigation cases fail more often than clients expect, not because the underlying conduct…12 Sep 2026Kenyan shareholders in a boardroom meetingCorporate & CommercialShareholder Disputes and Minority Oppression Claims Under the Companies Act 2015Shareholder Disputes Minority Oppression Kenya claims tend to surface in exactly the kind of closely-held company where Clay…12 Sep 2026Signing a commercial contract documentCorporate & CommercialBreach of Contract Litigation in Kenya: Remedies, Damages and Specific PerformanceBreach of Contract Litigation Kenya Remedies questions usually arrive with an assumption that the Law of Contract Act…12 Sep 2026 Talk to usNeed advice on Litigation & Dispute Resolution?Speak to an advocate about your Litigation & Dispute Resolution matter.Get in touch