Best Commercial Litigation Lawyers in Nairobi

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OLM Law Advocates LLP

OLM Law Advocates LLP

15 minutes Free Consultation
Nairobi, Kenya

Founded in 2021
10 people in their team
English
Who We Are:OLM Law Advocates LLP is a leading full-service law firm in Kenya, recognized for delivering exceptional legal services tailored to diverse clients. Our clientele includes individuals, dynamic corporations, esteemed financial institutions, governmental, and non-governmental...
Adroit Law LLP

Adroit Law LLP

15 minutes Free Consultation
Nairobi, Kenya

Founded in 2021
7 people in their team
English
Swahili
Business Law & Regulatory Compliance Experts in Kenya | Adroit Law LLPYour Strategic Legal Partner for Business Growth in Kenya and East AfricaAdroit Law LLP is a Nairobi and Mombasa-based boutique law firm trusted by corporate pioneers, fast-growing enterprises, and high-net-worth individuals...

Legal guides written by Adroit Law LLP:

  • Kenya Launches Digital Nomad Visa: A Gateway for Remote Workers
  • Navigating the Payment System License Maze in Kenya
  • The Law of Succession in Kenya: Testate and Intestate Succession
Mwale Law Advocates LLP
Nairobi, Kenya

Founded in 2013
7 people in their team
English
French
Swahili
Kikuyu
About UsMwale & Co. Advocates is a hallmark of legal distinction in Kenya. With a rich heritage in offering specialized services in numerous legal realms including Corporate and Commercial Law, Banking Law, Capital Markets Law, Intellectual Property Law, Telecommunications Law, Internet and...

Founded in 2021
5 people in their team
English
Shani & Company Advocates LLP - Excellence in Legal SolutionsAbout UsShani & Company Advocates LLP is a premier full-service law firm based in Nairobi, Kenya, dedicated to delivering comprehensive, strategic, and results-driven legal solutions. We are committed to empowering our clients...
Kieti Law LLP
Nairobi, Kenya

Founded in 1853
50 people in their team
Swahili
English
Since 1853, CDH has evolved through a series of mergers, and with a reputation for legal excellence, become a highly regarded feature on Africa’s legal and business landscape.Our overarching goal is to provide seamless legal services in East Africa through our Kenya office.The team of lawyers in...

Founded in 2020
50 people in their team
Swahili
English
About UsWe are a Kenyan and African boutique law firm based in Nairobi that aims to provide bespoke and novel legal solutions for our clients. We offer specialized legal services in matters relating to Public Procurement and Asset Disposal Law including Procurement Litigation services, general...
Ken, Daniel & Henry Advocates

Ken, Daniel & Henry Advocates

15 minutes Free Consultation
Nairobi, Kenya

Founded in 2023
7 people in their team
English
Ken, Daniel & Henry Advocates is established as a commercial law firm and our main aim is to give legal services to growth-oriented businesses enabling them to succeed. We achieve this by providing quality and accessible legal services to our clients as we maintain our unique values of trust,...
Kemboy Law Advocates
Nairobi, Kenya

Founded in 2006
50 people in their team
Swahili
English
EAST AFRICA'S PREMIERLAW FIRMFOUNDED BY OUR SENIOR PARTNER, MR. JULIUS KEMBOY IN FEBRUARY, 2006, KEMBOY LAW ADVOCATES IS A MID-SIZED LAW FIRM AT THE HEART OF NAIROBI, KENYA.Our practice provides a wide array of legal services both locally and internationally. We particularly pride ourselves to be...
Kotonya Njoroge LLP
Nairobi, Kenya

Founded in 2018
10 people in their team
English
Swahili
Kotonya Njoroge LLP is a full service law firm in Kilimani, Nairobi, Kenya of youthful and energetic lawyers with experience in diverse areas of legal practice. The firm offers legal services in Dispute Resolution (Litigation, Arbitration & Mediation), Banking, Commercial Transactions, Capital...
Mohammed Muigai Advocates
Nairobi, Kenya

Founded in 1982
200 people in their team
Swahili
English
About MM ChambersTo effectively cater for its clientele, Mohammed Muigai LLP is organized into four complementary departments according to our areas of practice. These are the; Commercial Department, Real Estate Property Transactions (Conveyancing) Department, the Litigation and Arbitration...
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About Commercial Litigation Law in Nairobi, Kenya

Commercial litigation in Nairobi, Kenya refers to the process of resolving business-related disputes through the court system. This field covers a wide range of legal conflicts between companies, individuals, and other entities involved in commercial transactions. Typical matters may include breach of contract, partnership disputes, disagreements concerning property, and disputes over service delivery or payment. Nairobi, as the capital and economic hub of Kenya, is home to many businesses and organizations, making commercial litigation a vital component of the city’s legal landscape. The process can be complex due to the various statutes, regulations, and court procedures applicable under Kenyan law.

Why You May Need a Lawyer

Entering a commercial dispute in Nairobi can be overwhelming without proper legal guidance. Here are some common scenarios where seeking the help of a lawyer is essential:

  • If your business faces a breach of contract or is accused of breaching a contract.
  • If you are involved in partnership or shareholder disputes within your company.
  • If your company is owed money and debt recovery has become contentious.
  • If you face allegations of fraud or misrepresentation in business dealings.
  • If there are disputes regarding intellectual property, such as trademarks or copyrights.
  • If problems arise over supply agreements, service contracts, or distribution arrangements.
  • If regulatory issues or competition law disputes affect your business operations.
  • If you require urgent court orders, such as injunctions to protect your business assets.

A commercial litigation lawyer helps you navigate the intricacies of the law, advocates for your interests, ensures compliance with legal procedures, and improves your chances of a favorable outcome in or out of court.

Local Laws Overview

Commercial litigation in Nairobi is primarily governed by several key statutes and legal frameworks:

  • The Civil Procedure Act and Rules - These outline the steps to be followed in civil cases, including commercial disputes.
  • The Companies Act, 2015 - Governs company operations, shareholder rights, and applicable remedies for corporate disputes.
  • The Contract Act - Sets out the rules relating to the formation and enforcement of contracts.
  • The Judicature Act - Establishes the hierarchy and jurisdiction of Kenyan courts.
  • The Commercial Division of the High Court - Handles commercial matters exclusively and expedites dispute resolution for business cases.
  • Alternative Dispute Resolution (ADR) - Kenyan courts often encourage mediation, arbitration, and negotiation to resolve commercial disputes, sometimes as a mandatory step before litigation.

The legal process typically begins with filing a plaint or claim in the appropriate court, followed by exchange of pleadings, pretrial procedures, and eventually a trial if settlement is not reached. The judiciary places emphasis on speed and efficiency, especially for cases heard in the Commercial and Tax Division of the High Court located in Nairobi.

Frequently Asked Questions

What is commercial litigation?

Commercial litigation is the legal process of resolving disputes arising from business and commercial relationships, including contract disagreements, partnership disputes, and more.

Do I always have to go to court for commercial disputes?

No, many disputes can be resolved through negotiation, mediation, or arbitration. Kenyan courts often encourage Alternative Dispute Resolution methods before proceeding to a full trial.

How long does a commercial litigation case take in Nairobi?

The duration varies depending on the complexity of the matter and court caseload, but some cases can be resolved in a few months while others may take years. The Commercial and Tax Division of the High Court aims to resolve cases efficiently.

What are the costs involved in commercial litigation?

Costs can include lawyer fees, court filing fees, charges for expert witnesses, and other miscellaneous expenses. Some lawyers offer consultations to discuss fee structures.

Can foreigners bring commercial litigation cases in Nairobi?

Yes, both local and foreign parties can access the Kenyan courts for commercial matters, provided the dispute falls within the courts’ jurisdiction or there is a relevant connection to Kenya.

What remedies can I obtain in a commercial litigation case?

Common remedies include damages (monetary compensation), injunctions (court orders to do or stop doing something), specific performance (compelling a party to fulfill their contractual obligations), and declaratory judgments.

What should I do if my business receives a lawsuit?

Consult a qualified commercial litigation lawyer as soon as possible. You must respond to the lawsuit within the timeline stated in the summons, or risk a default judgment.

Can parties appeal commercial litigation judgments?

Yes, if you are dissatisfied with the outcome, you may appeal the decision to a higher court based on points of law or procedure, subject to legal requirements.

What documents are needed to start a commercial litigation case?

Essential documents may include contracts, correspondence, invoices, receipts, agreements, and any records related to the dispute. Your lawyer will advise you on the specific requirements based on your case.

Is there a time limit for starting a commercial litigation case in Nairobi?

Yes, the Limitations of Actions Act provides statutory time limits depending on the nature of the claim. For example, most contract claims must be brought within six years of when the cause of action arose.

Additional Resources

If you require more information or assistance with commercial litigation in Nairobi, consider contacting:

  • The Law Society of Kenya (LSK) - The professional body for legal practitioners in Kenya. They maintain a database of qualified lawyers and provide general legal guidance.
  • The Judiciary of Kenya - Offers useful information on court procedures, rules, and case status.
  • Kenya Association of Manufacturers (KAM) - Provides support and advocacy for businesses, including dispute resolution information for members.
  • Center for Alternative Dispute Resolution (CADR) - Offers mediation and arbitration services to help resolve commercial disputes outside of court.

It is also advisable to consult licensed law firms specializing in commercial litigation within Nairobi for tailored advice.

Next Steps

If you are facing a commercial dispute or require legal advice regarding any business matter in Nairobi, consider the following steps:

  • Gather all relevant information and documents relating to your case.
  • Identify the issues and objectives you wish to achieve.
  • Consult a qualified commercial litigation lawyer as early as possible for an initial assessment.
  • Consider whether Alternative Dispute Resolution methods may be appropriate for your situation.
  • Follow the legal advice given and adhere to court dates, deadlines, and filing requirements.
  • Stay informed about your case progress and communicate regularly with your lawyer.

Taking prompt and informed action protects your rights and increases the likelihood of a positive resolution to your commercial dispute.

Lawzana helps you find the best lawyers and law firms in Nairobi through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Commercial Litigation, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Nairobi, Kenya - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.