Dispute Resolution
Kiriinya & Achieng' advocates (KAA)
Dispute Resolution
Dispute resolution is another cornerstone of our service. Whether through negotiation, mediation, arbitration, or litigation, we work to resolve disputes efficiently and, in our clients’ best interests. Our advocates are experienced in representing clients before all relevant courts and tribunals consistently aiming for practical solutions that preserve business relationships and assets.
“the courts should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried” - Sandra Day O'Connor
overview
Dispute Resolution refers to the processes and methods used to resolve conflicts or disagreements between parties, whether in business, personal, or public matters.
It can be formal (court litigation) or informal (negotiation, mediation, arbitration).
Main Methods of Dispute Resolution
Negotiation
- What it is: Direct discussions between parties to reach a mutually acceptable agreement.
- Pros: Flexible, quick, low cost, keeps control with the parties.
- Cons: No guarantee of resolution, depends on goodwill.
Mediation
- What it is: A neutral third party (mediator) facilitates discussions to help parties reach an agreement.
- Pros: Confidential, preserves relationships, parties decide outcome.
- Cons: Not binding unless turned into a written agreement or court order.
Arbitration
- What it is: A neutral arbitrator hears evidence and makes a binding decision (award).
- Pros: Faster than court, confidential, binding decision.
- Cons: Can be costly, limited rights of appeal.
- Kenya’s law: Arbitration Act (Cap 49).
Litigation
- What it is:Taking the dispute to court for a judge (or magistrate) to decide.
- Pros: Enforceable judgments, formal process, precedent-setting.
- Cons: Public, slow, expensive, can harm relationships.
Alternative Dispute Resolution (ADR) in Kenya
Kenya’s Constitution (Art. 159) recognizes ADR mechanisms — including mediation, arbitration, and traditional dispute resolution — to promote justice without undue delay.
2. Common Areas for Dispute Resolution
- Civil Procedure Act & Rules – Litigation process.
- Arbitration Act, 1995 – Arbitration procedures.
- Mediation (Pilot Project) Rules – Court-annexed mediation in the High Court.
- Constitution of Kenya, 2010 – Encourages ADR.
- Small Claims Court Act, 2016 – Quick resolution of small monetary disputes.
Client-Focused Legal Solutions
Our services
Kiriinya & Achieng’ Advocates is a commercial and real estate law firm in Kenya with a notable and increasing presence in the East African region. We provide services to local and international clients including start-ups and established companies, for profit and not-for-profit entities and government institutions. Our predominant goal is to provide our clients with state-of-the-art legal services and support in the shortest turnaround time while demystifying the rigorous legal processes.