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Expertise

Dispute Resolution & Civil Litigation

Senior-led advocacy across every level of the Kenyan court system, from subordinate courts to the Supreme Court of Kenya.

On This Page:

1 Overview
2 Capabilities
3 Resources
4 Meet Our Experts
5 Why Choose Us
6 Next Steps

1

Overview

There are law firms that handle litigation when it comes to them. At S&P Advocates, litigation is what we were built for. Our advocates have appeared at every level of the Kenyan court system, from the subordinate courts to the High Court, the Court of Appeal, and the Supreme Court of Kenya, and we carry a record of reported decisions in constitutional, public, and administrative law that reflects the quality and depth of our courtroom experience.

We assess every matter honestly before it is filed. If a dispute can be resolved efficiently and on fair terms, through negotiation, mediation, or structured settlement; we pursue that path first. But when a matter must be fought, we fight it well. Our clients go to court knowing their case has been built with care and argued by advocates who know exactly what they are doing.

We assess every matter honestly at the outset, giving you a frank view of the legal merits, the realistic range of outcomes, and whether the cost of litigation is justified by what you stand to recover or protect. You will never be encouraged to proceed with a matter that is unlikely to succeed.

Timelines vary depending on the court, the nature of the dispute, and the conduct of both parties. Our target for ordinary litigation is conclusion within two years from instruction. We manage matters actively to keep them moving and keep you informed at every stage.

In many cases, yes; and we always explore that possibility first. Negotiated settlements, mediation, and structured ADR processes can produce faster, cheaper, and less disruptive outcomes than trial. We advise you honestly on which path best serves your interests.

We appear across the full range of Kenyan courts and tribunals, magistrates courts, the High Court (including the Constitutional and Human Rights Division, the Commercial Division, and the Anti-Corruption Court), the Court of Appeal, and the Supreme Court of Kenya.

2

Capabilities

Commercial & Contract Disputes

Breach of contract, damages claims, and debt enforcement across all commercial relationships.

Constitutional & Public Law

Judicial review, constitutional petitions, and administrative law challenges at the High Court level.

Shareholder & Corporate Disputes

Boardroom disagreements, derivative actions, minority shareholder protection, and winding-up proceedings.

Insurance & Professional Indemnity

Policy coverage disputes, subrogation claims, and professional liability litigation across sectors.

Employment & Industrial Disputes

Wrongful dismissal defence, redundancy challenges, and representation before the ELRC.

Land & Property Disputes

Ownership contests, boundary disputes, adverse possession, and public land litigation.

4

Meet Our Experts

Ben Simiyu

Managing Partner

Lead advocate in dispute resolution, constitutional law, and cross-border commercial litigation.

Tracy Wagasa

Partner

Dispute resolution and employment specialist with extensive ELRC and appellate court experience.

James Juma

Associate

Litigation and insurance defence advocate with broad courtroom and commercial experience.

5

Why Choose Us

Every Court Level

We appear from magistrates courts through to the Supreme Court of Kenya, no referrals needed.

Reported Decisions

Our Managing Partner holds reported decisions in the Kenya Law Reports in constitutional matters.

Senior Advocacy

Every court appearance is made by an experienced advocate, never a junior sent to hold the date.

Honest Assessment

We tell you the truth about your case before you spend a shilling on it, and throughout.

24-Hour Response

Active litigation clients receive updates and responses within 24 hours, without exception.

Commercial Judgment

We know when to fight and when to settle, and we always advise in your interest, not ours.

6

Next Steps

Whether your dispute is already before the courts or heading there, speak to our team today. We will give you a frank assessment of your position, your options, and the most effective path forward, at no obligation.

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