Most disputes are decided before the merits are ever argued — by which forum you filed in, whether you exhausted the right process first, and how the claim was pleaded. Our case record below is not a list of achievements; it's a record of exactly how these procedural questions have been decided by Kenyan courts, in matters we track closely because they define how every future case must be argued.
Data protection matters in particular have a specific first stop that surprises a lot of people.
The mandatory first stop for most data protection complaints — a specialist regulator, not a court, that investigates and determines within statutory timelines.
Our case record shows this exhausted first, repeatedly, before any court will hear the substance.
The entry point for most civil and commercial claims, subject to monetary and subject-matter jurisdiction limits.
Fastest route to a first hearing for claims within its limits.
Original jurisdiction for constitutional petitions, judicial review, larger civil claims, and appeals from the Magistrates' Courts.
Where most of the data protection case law on this site was decided.
Appeals from the High Court, and — in matters of general public importance — a final appeal to the Supreme Court.
Reserved for genuine points of law, not a second attempt at the facts.
We test the merits honestly, including the procedural risks that could dispose of the matter before they're heard.
We recommend the right forum, the right process, and whether litigation is actually the right tool for the outcome you want.
We file, argue, and represent you through every stage — from preliminary objections to final judgment.
A judgment is only worth what you can actually recover — we see it through to enforcement.
This is where a litigation practice should show its work — not a highlight reel, but the actual procedural reasoning that decides cases.
A jurisdictional challenge to how a data protection claim was pleaded.
The preliminary objection was overruled.
Why it matters: How a claim is pleaded can determine jurisdiction before the facts are ever argued.
Read the full case note →A constitutional petition filed four days after an ODPC complaint on the same facts.
The petition was dismissed.
Why it matters: Filing in two forums on the same facts reads as forum shopping, not urgency — and courts will say so.
Read the full case note →A test of whether a constitutional petition could proceed alongside the ODPC's own remedies.
The preliminary objection was dismissed.
Why it matters: A constitutional petition can, in the right circumstances, outrun the regulator's own process — but that's the exception, not the rule.
Read the full case note →An appeal filed after the statutory window had closed, citing financial hardship.
The appeal was struck out.
Why it matters: Statutory appeal deadlines are strictly enforced — hardship is not, on its own, an excuse.
Read the full case note →An advocate was personally sued in a data-privacy petition over evidence filed on a client's behalf.
The claim against the advocate was struck out.
Why it matters: Advocates acting on instruction in litigation are not personally liable for the client's underlying claim.
Read the full case note →A criminal prosecution turning on the digital chain of custody for phone evidence.
The accused was acquitted — no case to answer.
Why it matters: In digital evidence cases, the chain of custody has to be proved as rigorously as the device itself.
Read the full case note →Filter by category, search by name or citation, and export a proper citation for any case you need.
In most cases, the ODPC first. Kenyan courts have repeatedly struck out or stayed petitions filed before the statutory complaint mechanism was exhausted.
It varies by court level, subject matter, and whether preliminary objections are raised — commonly several months to a few years through to judgment. We give a realistic estimate once we understand your specific matter.
A challenge to a pure point of law — jurisdiction, limitation, or a procedural defect — raised before the merits are argued. Because it can dispose of a case entirely, how a claim is pleaded often matters as much as the claim itself.
Talk to us before you file — not after.
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