CIVIL LITIGATION When Justice Must Be Pursued
What Is Civil Litigation?
Civil litigation is the legal process by which individuals, businesses, organisations, or government entities resolve non-criminal disputes through the court system. Unlike criminal proceedings, where the state prosecutes an individual for an offence, civil litigation is initiated by one private party against another to obtain a legal remedy, most commonly monetary compensation, a court order, or a declaration of rights.
In Kenya, civil litigation is governed primarily by the Civil Procedure Act (Cap 21), the Civil Procedure Rules 2010, and the relevant rules of court applicable to the specific court, from the Magistrates Courts at the base, through the High Court, the Court of Appeal, and ultimately the Supreme Court of Kenya.
Civil litigation covers an extraordinarily broad range of disputes, from a landlord-tenant disagreement over unpaid rent to a multi-billion-shilling commercial contract dispute between corporations.