Disputes & Arbitration · Practice

Commercial Litigation

Trial-tested advocacy on the disputes that shape markets, boards, and balance sheets.

Overview

Advocacy built for the biggest matters.

We act for institutions, sponsors, boards, and senior individuals in complex commercial disputes across the East African courts. Our advocates combine strategic clarity with courtroom presence.

We think about disputes commercially — resolution before trial where it serves our client, trial where it does not — with a disciplined, evidence-driven approach at every step.

  • High Court & Court of Appeal advocacy
  • Commercial and financial disputes
  • Interim and urgent relief
  • Mediation and settlement strategy
Firm Perspective

How we approach this practice.

The Firm maintains a robust dispute resolution practice focused on high-value commercial and corporate disputes. We represent clients before all superior courts in Kenya, specialized tribunals, and domestic and international arbitral forums.

Our litigation experience includes shareholder and director disputes, banking and finance litigation, contractual and commercial claims, insolvency-related disputes, employment disputes at the senior executive level, and regulatory enforcement actions — with strong emphasis on dispute avoidance, early case assessment, and strategic risk management.

Capabilities

Litigation capability, from strategy to trial.

Every mandate draws on the same integrated bench — corporate, regulatory, tax, and disputes — sequenced by a single partner.
Trial Advocacy

Lead counsel on complex trials before the Commercial and High Courts, and appellate advocacy.

Interim Relief

Injunctions, preservation orders, and urgent relief — obtained and defended.

Case Strategy

Evidence architecture, witness preparation, and disciplined pre-trial planning.

Mediation & Settlement

Structured settlement strategy, mediation advocacy, and enforceable settlement documents.

Judicial Review

Public law and judicial review challenges against regulators and public authorities.

Cross-Border Enforcement

Recognition and enforcement of foreign judgments and cross-border asset tracing.

How We Work

A disciplined path from concept to close.

  1. 01
    Commercial Alignment

    We start with the commercial map — economics, control, contributions, and outcome — before drafting a single clause.

  2. 02
    Structural Blueprint

    A structuring memo sets out the vehicle, jurisdiction, tax treatment, and regulatory path, benchmarked against comparable matters.

  3. 03
    Documentation

    Bespoke documentation drafted as an integrated instrument set — designed to survive later scrutiny.

  4. 04
    Approvals & Closing

    Regulator engagement, condition-precedent management, and a disciplined closing choreography.

  5. 05
    Stewardship

    Ongoing counsel through the life of the matter — governance, calendaring, and dispute-prevention.

Representative Experience

Selected litigation mandates.

A partial view of the mandates we have advised on — sanitised for confidentiality, but indicative of the scale and complexity of our work.

  • 01

    Acted for a listed bank in a KES 4bn shareholder dispute, securing dismissal at trial and on appeal.

  • 02

    Represented a multinational contractor in a complex construction dispute, including expert-led quantum trial.

  • 03

    Defended senior executives in high-stakes commercial litigation arising out of a distressed transaction.

  • 04

    Obtained urgent injunctive relief preserving control of a strategic asset ahead of contested proceedings.

Key Contacts

Partners leading the practice.

Yusuf Hudheifa
Yusuf Hudheifa
Managing Partner
Aisha Nengo
Aisha Nengo
Senior Partner
Related Practice Areas

Where this work connects.

Insight
Injunctions in commercial disputes: the East African playbook.
Read the briefing
Instruct the Firm

Considering a matter? Speak with the partner who will run it.

A confidential, no-obligation conversation with a partner — usually within one business day.