Litigation hold and evidence preservation: What Kenyan law firms must do when a dispute begins
When a dispute arises, documents stop being routine records and become critical evidence. Whether it is a commercial disagreement, employment claim, regulatory investigation, or procurement dispute, the outcome often depends on what can be proven through documentation. For law firms and organisations in Kenya, this creates an immediate obligation to preserve relevant records. While the term âlitigation holdâ is more commonly used in other jurisdictions, the principle applies equally under Kenyan law. Once a dispute is anticipated, organisations must ensure that all relevant evidence is protected, accessible, and intact. What is a litigation hold? A litigation hold is the process of identifying, preserving, and safeguarding all documents and data that may be relevant to a legal dispute. This includes both physical and digital records, such as: contracts and agreements correspondence and emails financial records and invoices internal reports and memos HR records and communications system data and backups Importantly, a

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