Understanding Civil Litigation: The Basics

Civil litigation is the legal process where individuals or entities seek to resolve non-criminal disputes through the court system. Whether you're pursuing or defending a claim, understanding the basics of civil litigation in Kenya can help you navigate the process with greater confidence. Here’s what you need to know: 1) What is Civil Litigation? Civil litigation involves legal disputes between parties seeking monetary compensation, specific performance, or other remedies rather than criminal sanctions. Common civil cases include contract disputes, property claims, employment issues, torts (like negligence), and family law matters. 2) Key Stages of Civil Litigation • Pleading Stage: The process begins with filing a plaint (complaint) by the plaintiff, followed by the defendant’s defence. This stage outlines the issues in dispute. • Pre-Trial Stage: Parties exchange documents, witness statements, and evidence. This phase may involve case management conferences to streamline issues. • Hearing Stage: Both parties present their cases before a judge through witness testimonies, cross-examinations, and legal arguments. • Judgment and Decree: After hearing the case, the court delivers a judgment. If successful, the winning party obtains a decree, which is enforceable under Kenyan law. • Appeal Process: If dissatisfied with the judgment, a party can appeal to a higher court, provided there are legal grounds to do so. 3) Jurisdiction and Court Structure Civil cases in Kenya are handled based on the value of the claim: • Small Claims Court: Handles disputes up to KSh 1 million. • Magistrates' Courts: Handles civil matters within specified monetary limits. • High Court: Has unlimited original jurisdiction in civil matters. • Court of Appeal and Supreme Court: Handle appeals from lower courts. 4) Alternative Dispute Resolution (ADR) Kenyan law encourages the use of ADR mechanisms such as mediation, arbitration, and negotiation to resolve disputes without going to trial. The Constitution of Kenya (2010) and the Civil Procedure Act promote ADR to ease the burden on courts and foster quicker resolutions. Additionally, the Arbitration Act, of 1995 (as amended in 2009) provides a comprehensive legal framework for arbitration in Kenya, outlining the procedures for the appointment of arbitrators, conduct of proceedings, and enforcement of arbitral awards. This Act reinforces Kenya’s commitment to ADR by ensuring that arbitration is efficient, legally binding, and internationally recognised, especially in commercial disputes. 5) Costs and Timelines Civil litigation can be time-consuming and costly. Legal fees, court filing fees, and expenses for expert witnesses or document preparation should be considered. While timelines vary, some cases can take months or even years, depending on complexity and court backlog. Final Thoughts Civil litigation can be complex, but understanding the process helps manage expectations and improve outcomes. Seeking legal advice ensures your rights are protected at every stage. At Murugu Rigoro and Company Advocates, we’re committed to guiding you through the litigation process with clarity and expertise.