Practice Areas / Litigation & Dispute Resolution

Litigation & Dispute Resolution

Disputes are a reality of commercial and personal life. When they arise, the quality of legal representation determines whether rights are protected, losses are recovered, and reputations are…

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Litigation & Dispute Resolution legal services in Kenya, advised by Clay & Associates Advocates in Nairobi

Overview

Disputes are a reality of commercial and personal life. When they arise, the quality of legal representation determines whether rights are protected, losses are recovered, and reputations are preserved.

Our litigation practice is built on thorough preparation, honest assessment, and determined advocacy. We do not overstate the strength of a case to win an instruction, and we do not pursue strategies that serve the advocate's interests more than the client's. When a matter should be settled, we say so. When it should be fought, we fight it with everything we have.

We appear regularly before the High Court, the Court of Appeal, magistrates' courts, the Anti-Corruption Court, the Employment and Labour Relations Court, the Sports Disputes Tribunal, and arbitral tribunals.

What we do

8 service lines. Select one to see what it covers.

Litigation & Dispute Resolution legal services in Kenya, advised by Clay & Associates Advocates in Nairobi Litigation & Dispute Resolution

Civil Litigation

Commercial disputes, contractual claims, tortious liability, land and property matters, succession and probate, judicial review. We handle matters from pre-action through trial, enforcement, and appeal, including injunctive relief, summary judgment, stay of execution, and garnishee orders.

Litigation & Dispute Resolution legal services in Kenya, advised by Clay & Associates Advocates in Nairobi Litigation & Dispute Resolution

Criminal Defence

We defend clients in economic crimes and anti-corruption, fraud and white-collar offences, regulatory prosecutions, and general criminal matters. Our defence strategy is grounded in Articles 49 and 50 of the Constitution and the Criminal Procedure Code.

Litigation & Dispute Resolution legal services in Kenya, advised by Clay & Associates Advocates in Nairobi Litigation & Dispute Resolution

Constitutional Law

We file and defend constitutional petitions under Article 22, challenge unlawful administrative action, and represent parties in Bill of Rights enforcement and public interest litigation.

Litigation & Dispute Resolution legal services in Kenya, advised by Clay & Associates Advocates in Nairobi Litigation & Dispute Resolution

Debt Recovery

Structured three-stage approach: formal demand, Letter Before Action, court proceedings. Automatic court routing by claim value (Small Claims Court up to KES 1M, Magistrates' Court up to KES 20M, High Court above). Post-judgment enforcement: garnishee orders, attachment, winding-up petitions. Fixed-fee and success-fee options.

Litigation & Dispute Resolution legal services in Kenya, advised by Clay & Associates Advocates in Nairobi Litigation & Dispute Resolution

Employment Disputes

Representation before the ELRC in unfair/wrongful termination, constructive dismissal, redundancy, discrimination, non-compete enforcement, and wage disputes.

Litigation & Dispute Resolution legal services in Kenya, advised by Clay & Associates Advocates in Nairobi Litigation & Dispute Resolution

Insurance Disputes

We represent policyholders in disputes with insurers over declined claims, policy interpretation, subrogation, and claims against the Policyholders Compensation Fund.

Litigation & Dispute Resolution legal services in Kenya, advised by Clay & Associates Advocates in Nairobi Litigation & Dispute Resolution

Arbitration & Mediation

Domestic arbitration under the Arbitration Act No. 4 of 1995, mediation under court-annexed and private frameworks, NCIA proceedings. We draft arbitration clauses using the NCIA Mediation Rules as our preferred institutional framework.

Litigation & Dispute Resolution legal services in Kenya, advised by Clay & Associates Advocates in Nairobi Litigation & Dispute Resolution

Sports Disputes (SDT)

Representation before the Sports Disputes Tribunal, athlete disciplinary proceedings, sports governance disputes, anti-doping compliance under the Anti-Doping Act 2016 and ADAK, athlete contracts, and sponsorship agreements.

Most matters cross two or three of these.

Describe the situation in your own words. We will tell you what it actually involves, which services it touches, and what it will cost, before you commit to anything.

Describe your matter

Why clients instruct us for litigation & dispute resolution

Four commitments specific to this practice.

We appear wherever your dispute is heard

Superior and subordinate courts, the Kadhis’ courts, specialist and quasi-judicial tribunals, registrars such as KIPI, and arbitration, mediation and other alternative forums.

Forum strategy before filing

The first decision in most disputes is where to bring it. We advise on that before drafting, not after.

Success-linked options within the rules

Where a matter has a measurable outcome we can agree a base fee plus a defined success element under paragraph 41 of the ARO. We never act on outcome alone.

Litigation informed by the commercial file

Our disputes team works alongside the corporate practice, so the contract that created the dispute is read by people who draft them.

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Tell us what you are working on. You will get a clear view of what the matter involves and what it costs before you commit to anything.

  • &Your consultation fee is credited in full against your engagement fee
  • &Scope, approach and fee confirmed in writing before work begins
  • &Our full fee schedule is published online
  • &Nextgen Mall, 5th Floor Suite 6, Mombasa Road, Nairobi

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