Before you go to court: resolving disputes in Kenya

Not every dispute needs to go straight to a lengthy court case. Kenya has several routes that are generally faster and cheaper, and in some situations a full lawsuit isn't even the most effective first step.

The demand letter

A demand letter — a formal written notice setting out what's owed or what's being claimed, and a deadline to respond — is often the first real step. It puts the other side on formal notice, creates a paper trail, and in many cases prompts a resolution simply because it signals the matter is being taken seriously. It's also generally a practical prerequisite before certain court processes.

Mediation

Mediation involves a neutral third party helping both sides reach a voluntary agreement — it isn't binding unless the parties agree to a settlement, but it's generally faster and less adversarial than litigation, and can preserve a relationship (business or personal) that a court case might not.

Small Claims Court

Kenya's Small Claims Court is designed for lower-value civil claims, with a generally faster, simpler, and less formal process than the regular civil courts, and typically doesn't require legal representation in the same way a High Court matter would. It's worth checking the current monetary threshold for what qualifies, since limits can be adjusted over time.

Arbitration

For commercial disputes in particular, many contracts specify arbitration — a private, binding process where an arbitrator (rather than a judge) decides the outcome. If your contract has an arbitration clause, that generally determines the process you're bound to use instead of going straight to court.

A general sequence worth considering

Put your claim in writing — a clear demand letter, with a reasonable deadline.
Consider whether mediation makes sense — especially if there's an ongoing relationship worth preserving.
Check whether Small Claims Court fits — if the dispute is lower-value and straightforward.
Full litigation as the option when the above don't resolve things, or aren't appropriate for the type of claim.

This is a general outline of the options, not advice on which route fits your specific dispute — that depends on the value, the relationship between the parties, and what remedy you're actually after. An advocate can help figure out the right route and, where needed, draft the demand letter or represent you.