Dispute Resolution & ADR

Commercial litigation, domestic and international arbitration (NCIA, ICC, LCIA, CIArb-Kenya), mediation and negotiated settlement. We act for claimants and respondents in the High Court of Kenya, the Court of Appeal and the Supreme Court, and represent clients in judicial review, constitutional petitions and enforcement of foreign arbitral awards. Lead advocates hold CIArb fellowship and accreditation.

OLM Law Advocates LLP has one of the most active dispute resolution practices in Kenya, recognised in the Legal 500 EMEA and Chambers Global for our work on complex commercial litigation and international arbitration. Our team represents multinational corporations, financial institutions, state-owned enterprises, and high-net-worth individuals in their most challenging disputes.

We handle disputes across all major arbitral institutions including the ICC, LCIA, and the Nairobi Centre for International Arbitration (NCIA), as well as ad hoc proceedings under the UNCITRAL Arbitration Rules. Our litigators regularly appear in the High Court, Court of Appeal, and Supreme Court of Kenya on commercial, constitutional, and public law matters.

We are equally skilled in alternative dispute resolution, including mediation under the Mediation Act, 2020, and negotiated settlements that preserve commercial relationships. Our approach is always strategic — we assess the commercial objectives, risks, and costs of each dispute to recommend the most effective resolution pathway.

Dispute Resolution & ADR

Expert dispute resolution, arbitration and ADR services across Kenyan and international forums.

Commercial litigation, domestic and international arbitration (NCIA, ICC, LCIA, CIArb-Kenya), mediation and negotiated settlement. We act for claimants and respondents in the High Court of Kenya, the Court of Appeal and the Supreme Court, and represent clients in judicial review, constitutional petitions and enforcement of foreign arbitral awards. Lead advocates hold CIArb fellowship and accreditation.

What we advise on

Our dispute resolution and ADR team handles the full spectrum of contentious work: commercial and contractual disputes, shareholder and partnership disputes, banking and debt-recovery litigation, construction and infrastructure claims, employment-related litigation, judicial review of regulatory and administrative decisions, constitutional petitions, and the recognition and enforcement of foreign judgments and arbitral awards. We run domestic and international arbitrations under the rules of the Nairobi Centre for International Arbitration (NCIA), the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and the Chartered Institute of Arbitrators (CIArb), and we resolve matters through structured mediation and negotiated settlement where that serves the client’s commercial interest.

Governing law and forums

We appear before the High Court of Kenya, the Court of Appeal and the Supreme Court, as well as specialised courts and tribunals including the Environment and Land Court, the Employment and Labour Relations Court and the Tax Appeals Tribunal. Our work is grounded in the Civil Procedure Act, the Arbitration Act 1995 (as amended), the Mediation (Pilot Project) Rules and Kenya’s obligations under the New York Convention 1958, which makes a Kenyan-seated award enforceable in over 170 states.

Key legislation:

• Arbitration Act, 1995 (No. 4 of 1995) — Governs domestic and international arbitration in Kenya
• Mediation Act, 2020 (No. 3 of 2020) — Framework for mediation and accredited mediators in Kenya
• Foreign Judgments (Reciprocal Enforcement) Act — Enforcement of judgments from designated countries
• New York Convention, 1958 — Recognition and enforcement of foreign arbitral awards
• Civil Procedure Act & Rules — High Court procedure for litigation and interim reliefs

Who we act for

We represent banks and financial institutions, listed and private companies, contractors and developers, government agencies and state corporations, and high-net-worth individuals — acting for both claimants and respondents. Clients value a litigation strategy that is candid about prospects and cost from the outset, and that treats settlement as a tool rather than a concession.

Why OLM for dispute resolution

Our lead advocates hold CIArb fellowship and accreditation, and we combine courtroom experience with commercial judgement — so the advice you receive weighs the legal merits against the time, cost and relationship consequences of fighting versus settling. Every matter is partner-led, with a defined reporting cadence and fees agreed in writing before work begins.

Clients choose OLM for:

• Recognised in Legal 500 EMEA and Chambers Global for dispute resolution
• Experience across ICC, LCIA, UNCITRAL, and NCIA arbitration rules
• Regular appearances in the High Court, Court of Appeal, and Supreme Court
• Integrated litigation and arbitration expertise with in-depth sector knowledge

Our services

Commercial Litigation

Representation in the High Court, Court of Appeal, and Supreme Court of Kenya on contractual disputes, tort claims, judicial review, and constitutional petitions. Our litigators have a strong track record in precedent-setting cases.

International Arbitration

Representation in ICC, LCIA, UNCITRAL, and NCIA arbitrations seated in Kenya and abroad. We handle arbitrations under Kenyan law, English law, and other governing laws, including ad hoc and institutional proceedings.

Domestic Arbitration

Arbitration under the Arbitration Act, 1995 (No. 4 of 1995), including appointments as sole arbitrators, party-nominated arbitrators, and counsel in domestic commercial disputes.

Enforcement of Awards & Judgments

Recognition and enforcement of foreign arbitral awards under the New York Convention and the Foreign Judgments (Reciprocal Enforcement) Act. We also enforce Kenyan arbitral awards both domestically and abroad.

Mediation & Negotiated Settlement

Representation in mediation proceedings under the Mediation Act, 2020, and facilitation of negotiated settlements for complex multi-party disputes.

Interim Reliefs & Injunctions

Applications for conservatory orders, injunctions, freezing orders (Mareva injunctions), and anti-suit injunctions in the High Court and arbitral tribunals.

Frequently asked questions

How long does commercial arbitration take in Kenya?

A typical commercial arbitration under the NCIA Rules runs 9 to 18 months from the notice of arbitration to the final award, depending on the complexity of the dispute, the number of parties and whether interim measures are sought.

Is an arbitral award seated in Kenya enforceable abroad?

Yes. Kenya is a party to the New York Convention 1958, so an award seated in Kenya is enforceable in over 170 contracting states, subject only to the limited grounds for refusal in Article V.

What is the difference between litigation and arbitration in Kenya?

Litigation is public, follows the Civil Procedure Rules and is appealable through the court hierarchy. Arbitration is private and confidential, allows the parties to choose their arbitrator and procedure, and produces an award with very limited appeal rights — often making it faster and more commercially discreet for high-value contractual disputes.

How much does it cost to file a civil suit in Kenya?

Court filing fees are calculated on the value of the claim under the Judicature (court fees) rules, on top of advocate’s fees. We provide a full cost estimate — filing fees, disbursements and our fees — before commencing, and can often agree a capped or staged fee structure.

How long does a commercial case take in the Kenyan courts?

A commercial matter in the High Court commonly takes two to four years to judgment at first instance, longer with appeals. We advise on whether arbitration or mediation offers a faster route for your dispute.

What is judicial review and when can I use it?

Judicial review challenges the legality of a decision by a public body — a regulator, a government ministry or a licensing authority. It does not re-hear the merits; it asks whether the decision-maker acted within its powers, followed fair procedures and applied the correct legal test.

What is the arbitration process in Kenya?

Arbitration in Kenya is governed by the Arbitration Act, 1995, which is based on the UNCITRAL Model Law. The process typically involves: appointment of arbitrator(s) (sole or panel), preliminary hearing, written pleadings (statement of claim and defence), evidence hearing, and issuance of the arbitral award. Awards are final and binding, with limited grounds for challenge before the High Court. The Nairobi Centre for International Arbitration (NCIA) provides institutional support for arbitrations seated in Kenya.

How do I enforce a foreign arbitral award in Kenya?

Foreign arbitral awards are enforceable in Kenya under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which Kenya is a party. The enforcement process requires filing an application in the High Court under the Arbitration Act, accompanied by the authenticated award and the arbitration agreement. The court will enforce the award unless one of the limited grounds for refusal under Article V of the New York Convention is established. We handle enforcement proceedings for awards from ICC, LCIA, and other major arbitral institutions.

What courts handle commercial disputes in Kenya?

Commercial disputes in Kenya are primarily handled by the Commercial and Tax Division of the High Court, which has dedicated commercial judges. Appeals from the High Court lie to the Court of Appeal, and final appeals on matters of law may be taken to the Supreme Court. Magistrates’ courts handle smaller commercial claims up to KES 20 million. The Employment and Labour Relations Court handles workplace disputes. We advise on the most appropriate forum for each dispute.

What is mediation under the Mediation Act, 2020?

The Mediation Act, 2020 established a comprehensive framework for mediation in Kenya, including the accreditation of mediators and the recognition of mediated settlement agreements. Mediation is voluntary and confidential. A settlement agreement reached in mediation can be enforced as a court judgment if filed with the High Court. We represent clients in mediation proceedings and can recommend accredited mediators with relevant sector expertise.

Can I get an injunction to freeze assets in Kenya?

Yes, the High Court of Kenya has jurisdiction to grant Mareva injunctions (freezing orders) to prevent a defendant from dissipating assets pending the outcome of proceedings. The applicant must demonstrate: a strong prima facie case, a risk of asset dissipation, and that the balance of convenience favours the injunction. Freezing orders can cover assets within Kenya and, in appropriate cases, worldwide. We act urgently on injunction applications, including ex parte applications where necessary.

Explore Related Services

Industry sectors we advise in this area: Financial Services & Fintech · Real Estate & Construction · Government & State-Owned Entities

Related practice areas: Insolvency, Restructuring & Turnaround · Employment & Labour · Corporate & Commercial

See also: Representative Matters · Our Lawyers · All Practice Areas

Guides & FAQs: Litigation & Arbitration in Kenya: FAQ Guide · Enforcing Foreign Judgments in Kenya · How Tax Disputes Work in Kenya: From Objection to the Tax Appeals Tribunal