The Commercial Division and Mediation
Commercial claims of substance go to the Commercial and Tax Division of the High Court in Nairobi, which handles business disputes on a dedicated list. Kenya's judiciary introduced court-annexed mediation to address case backlogs, and commercial matters are commonly referred to it as a screening stage before trial.
Mediation here is not an informal conversation: it is court-supervised, time-limited, and a settlement reached is recorded and enforceable. Approached as the main opportunity rather than an interruption, it is where most well-documented commercial claims should conclude.
Summary Judgment
Where the debtor has no genuine defence, summary judgment allows judgment without trial. The defendant must show a triable issue supported by evidence, not merely enter an appearance and deny.
It remains the appropriate application for a documented supply debt being slowed rather than genuinely contested, and preparing the file to that standard also strengthens your position at mediation - the same evidence does both jobs.
Insolvency Under the 2015 Act
The Insolvency Act 2015 modernised Kenya's corporate insolvency framework, introducing administration alongside liquidation. A statutory demand followed by the prospect of insolvency proceedings carries commercial weight against a company that can pay but is not paying.
As always, the instrument is for undisputed debts. Used against a genuine dispute it is liable to be restrained, and Kenyan courts have been willing to do so.
Six Years
The Limitation of Actions Act gives six years for a contract claim, running from when the cause of action accrued. A written acknowledgement or part payment restarts the period. Six years is generous relative to the region, but court and mediation timetables consume a good deal of it once started.
How Long Does a Kenyan Claim Take?
| Stage | Typical Duration | Cost |
|---|---|---|
| Demand letter Formal demand, negotiation | 3–5 weeks | Low |
| Statutory demand Where the debt is undisputed | 4–8 weeks | Low |
| Court-annexed mediation Referred stage, time-limited | 2–6 months | Medium |
| Summary judgment No triable issue shown | 6–14 months | Medium |
| Full trial Where a genuine defence exists | 2–4 years | High |
How Does SXB Global Handle a Kenyan Case?
We build the file to summary judgment standard and then use it at mediation, because in Kenya those are the same documents doing two jobs. A creditor who arrives at the mediation session able to show that a summary application would succeed negotiates from a very different position than one who arrives with a grievance. Where legal proceedings become appropriate, SXB Global coordinates the instruction of appropriately authorised local counsel. Legal services are provided by the relevant independent legal professionals.