Frequently asked questions

Common questions, answered plainly.

How do I know if I have a case?

Most people can't answer this alone, and that's normal. Get in touch with the specifics of your situation and we'll give you a direct, honest assessment during a consultation, including whether litigation is the right route or whether mediation under Article 159 of the Constitution would resolve it faster.

Do you handle matters outside Nairobi?

Yes. Beyond our Nairobi practice, Joseph Mwai has led legal teams across six East African countries, and the firm regularly handles matters filed in courts outside Nairobi, including Mombasa, Kisumu, and Machakos.

What should I do if my insurer rejects my claim?

Request the rejection in writing with the insurer's stated reason, keep every document related to your policy and the incident, and get advice before accepting the decision as final. We regularly handle insurance repudiation and insurable interest disputes, several of which are documented in our reported cases.

Can I sue my employer for unfair dismissal?

Kenyan employment law sets out specific grounds and procedures for challenging a dismissal. Whether you have a claim depends on the facts of your termination. Speak to us directly rather than guessing, since employment claims are time sensitive.

Can you help if KRA has frozen my business account or issued an agency notice?

Yes. We have direct experience challenging unlawful tax enforcement, including a Court of Appeal case that stopped agency notices from being used against a business improperly, a precedent that now protects other businesses facing the same tactic.

How long does a constitutional petition take?

It varies significantly with the complexity of the matter and the Court's schedule. We'll give you a realistic estimate specific to your case once we understand the facts, rather than a generic timeline that may not hold.

Does consumer protection law cover products that affect children?

Yes. Consumer protection law extends directly to products that affect children. Article 46 of the Constitution guarantees consumers the right to goods and services of reasonable quality and to information necessary to make informed choices, Article 35 protects the right of access to fundamental information, and Article 53 guarantees every child's right to basic health care and protection from harmful practices. Where a product poses a risk to a child's health, these provisions work together to hold manufacturers and suppliers accountable. Speak with an Advocate if you believe a product has caused harm to your family.

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