The Kenyan framework
Arbitration in Kenya is governed by the Arbitration Act 1995, and Article 159 of the Constitution of Kenya directs courts to promote alternative forms of dispute resolution, including arbitration. Kenyan courts may intervene in arbitration only where the Act allows — for example to grant interim measures, assist with the appointment of arbitrators, set aside an award on limited grounds, or recognise and enforce an award.
Kenya is a party to the New York Convention on the recognition and enforcement of foreign arbitral awards, which is one reason arbitration is often preferred in cross-border contracts. Institutional rules, such as those of the Nairobi Centre for International Arbitration, are also available.
Stages of an arbitration
- Notice of dispute and any pre-arbitration steps required by the contract
- Appointment of the arbitrator or tribunal
- Preliminary meeting and procedural directions
- Written statements of case and documents
- Witness and expert evidence
- Hearing and submissions
- The award, followed by recognition and enforcement or a challenge on the limited statutory grounds
Common risks and mistakes
- Arbitration clauses that are unclear about the seat, the rules or the number of arbitrators.
- Ignoring contractual pre-arbitration steps, such as negotiation or mediation periods.
- Filing court proceedings in breach of an arbitration agreement.
- Missing the strict time limits for challenging an award.
Who should seek counsel
- Businesses with contracts containing arbitration clauses
- Parties to construction, shareholder and joint venture disputes
- Foreign parties with disputes involving Kenyan counterparties
- Award holders seeking enforcement in Kenya
How we work
- 1Case assessmentWe review the contract, the clause and the merits, and advise on strategy and cost.
- 2Tribunal and procedureWe handle the notice, appointments and procedural steps.
- 3Case preparationWe prepare pleadings, evidence, experts and submissions.
- 4Award and enforcementWe enforce awards or advise on challenges within the statutory limits.
Advocates for this matter
Frequently asked questions
Yes. An arbitral award is final and binding on the parties, subject to the limited grounds for setting aside in the Arbitration Act 1995. It can be recognised and enforced by the High Court.
Yes. Kenya is a party to the New York Convention, and foreign awards can be recognised and enforced by the High Court, subject to the limited grounds for refusal in the Arbitration Act.
Generally the court will refer the dispute to arbitration if asked to do so in time. Courts can, however, grant interim measures of protection to support the arbitration.
It can be, particularly where the parties cooperate and choose a streamlined procedure. Time and cost depend heavily on the complexity of the dispute and how the process is managed.
It is a Kenyan arbitral institution established by statute, which administers arbitrations under its rules and promotes arbitration in Kenya and the region.
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This page gives general information about Kenyan law and is not legal advice for your situation. Contacting us does not create an advocate–client relationship. Last reviewed 8 Oct 2026.