Overview
When corporate negotiations fail and high-stakes commercial disputes arise, robust and strategic courtroom advocacy becomes essential to protecting corporate viability and market position. Commercial litigation encompasses a broad spectrum of corporate and contract-based lawsuits handled before specialized courts, such as the Commercial and Tax Division of the High Court of Kenya.
Navigating this adversarial landscape requires not only a deep command of substantive business law and civil procedure but also an aggressive, risk-aware approach to asset preservation, injuctive relief, and case strategy. Whether defending a multinational corporation against crippling liability or pursuing financial restitution for a breach of trust, effective commercial litigation balances rigorous trial readiness with commercial pragmatism to secure enforceable, business-critical outcomes.
- Contractual Disputes: Legal actions and multi-party claims arising from breaches, misrepresentations, or varying interpretations of terms within legally binding corporate agreements, supply chain contracts, or service covenants.
- Cross-Border Litigation: Multi-jurisdictional lawsuits involving complex conflicts of law, foreign corporate entities, international asset tracing, or the execution of letters rogatory across international boundaries.
- Debt Recovery: Aggressive, highly systematized legal processes designed to secure, chase, and collect outstanding commercial debts, non-performing banking facilities, and liquid liquidated demands from defaulting debtors.
Select Experience
We have an established track record of successfully acting in disputes of considerable legal complexity, financial exposure, and reputational risk. We advise and act for clients across the full spectrum of commercial litigation, including multi-party proceedings, regulatory enforcement actions, and matters engaging the public interest. We are recognised for our ability to develop and execute dispute resolution strategies that are both legally rigorous and commercially practical, ensuring that clients remain focused on operational continuity, enforcement strategy, and risk management throughout the dispute process.
Our debt recovery practice is equally comprehensive. We routinely act on the recovery of multimillion-dollar debts, including those arising from complex cross-border arrangements, disputed receivables under international supply agreements, defaulted facility agreements, and enforcement of foreign judgments and arbitral awards. We bring to bear deep experience in obtaining and executing freezing orders, third-party debt orders, and other interim and ancillary relief designed to preserve and recover assets across multiple jurisdictions. Our approach combines decisive early-stage action with a clear-eyed assessment of enforcement prospects, enabling clients to achieve meaningful recoveries efficiently and cost-effectively.
We regularly advise financial institutions, multinational corporates, insurers, and private clients on enforcement strategy, urgent injunctive relief, cross-border recovery proceedings, and asset preservation measures.
- Safeguarded a USD 335 million (KES 40 billion) banking security interest from enforcement attempts arising from a USD 17.5 million (KES 2.1 billion) decree.
- Represented an international financial institution in a USD 9.9 million (KES 1.1billion) proof-of-debt claim following a Kenyan bank’s administration.
- Successfully recovered USD 1 million plus (KES 130 million) for one of the world’s largest aviation maintenance, repair and overhaul providers.
- Secured recognition of a Ugandan High Court judgment in the enforcement of a USD 6 million (KES 780 million) plus judgment in Kenya.
- Secured recognition of a South African High Court judgment in the enforcement of a USD 464,000 (KES 60 million) judgment in Kenya.