Whether you’re starting a new venture, managing an established company, or navigating commercial challenges, understanding your legal obligations is essential. Here are answers to some of the most common corporate and commercial law questions we receive from businesses across Kenya.
Civil litigation is the legal process used to resolve disputes between individuals, businesses, organisations, or other parties. Unlike criminal cases, civil litigation focuses on resolving private disputes through remedies such as compensation, enforcement of legal rights, or court orders.
Yes. If you believe your legal rights have been violated or you have suffered financial or personal loss due to another party’s actions, you may have legal grounds to file a civil claim. The strength of your case will depend on the facts, evidence, and applicable law.
The duration of a civil case depends on its complexity, the number of parties involved, court schedules, and whether the dispute is resolved through negotiation, mediation, or a full court hearing. Some matters are resolved within months, while more complex cases may take longer.
Evidence may include contracts, emails, WhatsApp messages, invoices, receipts, bank statements, photographs, videos, witness statements, and other documents relevant to the dispute. Strong evidence helps support your claim or defence throughout the legal process.
Yes. Electronic communications such as WhatsApp messages, emails, SMS messages, and digital documents may be admissible in court where they are relevant, authentic, and meet the legal requirements for admissibility.
Yes. Many disputes can be resolved through negotiation, mediation, or arbitration. These methods are often quicker, less expensive, and help preserve business or personal relationships. Where these approaches are unsuccessful, litigation may become necessary.
A breach of contract occurs when one party fails to fulfil their contractual obligations. Depending on the circumstances, legal remedies may include compensation, enforcement of the agreement, termination of the contract, or other relief available under the law.
Winning a case may result in a court order, financial compensation, or another legal remedy. If the unsuccessful party does not comply with the judgment, further legal steps may be required to enforce the court’s decision.
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