Arbitration & Alternative Dispute Resolution

Fast, private, and relationship-preserving resolution for commercial disputes across Kenya and East Africa.

On This Page:

1 Overview

2 Capabilities

Overview

As arbitration and structured mediation take an increasingly significant role in commercial life across Kenya and East Africa, we have built the expertise and the experience to match. The firm represents clients in multi-million-shilling disputes across the full range of arbitral fora, bringing to each engagement the same commitment to preparation, advocacy, and client focus that defines our court-based practice.

Not every dispute requires an adjudicated outcome. Where the nature of the relationship, the commercial context, or the specific facts of the matter make a negotiated resolution preferable, we pursue it with the same rigour we bring to contested proceedings. We advise clients honestly on when each path is the right choice.

What is the difference between arbitration and court litigation?

Arbitration is a private, binding process where disputes are resolved by an arbitrator rather than a judge. It is typically faster, confidential, and more flexible than court litigation. The award is final and enforceable in the same way as a court judgment.

When should a dispute go to arbitration rather than court?

Arbitration works best when confidentiality matters, when preserving a commercial relationship is important, or when the parties want a faster and more flexible process. We advise on the right forum at the earliest stage of every dispute.

Can arbitration awards be enforced in Kenya?

Yes. Arbitral awards are enforceable before the Kenyan courts under the Arbitration Act and Kenya's obligations under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

What arbitral institutions does S&P work with?

We appear in proceedings under the rules of the Nairobi Centre for International Arbitration, the Chartered Institute of Arbitrators Kenya Branch, and international institutions including the ICC. We also handle ad hoc arbitrations under agreed procedural rules.

Capabilities

Domestic Commercial Arbitration

Representation in arbitral proceedings across Kenya’s most active commercial sectors.

International Arbitration

Cross-border dispute resolution under ICC, NCIA, and other international arbitral rules.

Mediation & Negotiated Resolution

Structured mediation and expert determination for parties seeking a non-adjudicated outcome.

Arbitration Clause Drafting

Drafting and reviewing dispute resolution clauses that protect your position from the outset.

Award Enforcement

Enforcement of domestic and foreign arbitral awards before the Kenyan courts.

Emergency & Interim Relief

Urgent applications for interim measures to protect your position pending final resolution.

Resources

Dispute Resolution / ADR

When Does a Dispute Belong in Arbitration? A Practical Guide

Procurement

Public Procurement in Kenya: How to Protect Your Bid

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Meet Our Experts

Ben Simiyu

Managing Partner

Associate of the Chartered Institute of Arbitrators, London, with deep domestic and international arbitration experience.

Tracy Wagasa

Partner

Commencing professional training with the Chartered Institute of Arbitrators, with growing ADR practice.

Imanda Chele

Associate

Dispute resolution specialist with experience in strategy, regulatory compliance, and alternative resolution frameworks.

Why Choose Us

Chartered Credentials

Our Managing Partner is an Associate of the Chartered Institute of Arbitrators, London, Kenya Branch.

Multi-Forum Experience

We appear across domestic and international arbitral institutions and handle ad hoc proceedings.

Clause Drafting

We build dispute resolution protection into your contracts before any dispute arises.

Award Enforcement

We see every arbitration through to enforcement, not just the hearing.

Commercial Focus

We advise honestly on when arbitration serves your interests better than litigation.

Confidentiality

All arbitral proceedings we handle are managed with the strictest professional discretion.

Next Steps

If you are entering an arbitration or considering ADR to resolve a dispute, speak to our team. We will give you an honest assessment of the process, the costs, and the likely outcome.

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