Disputes

Disputes and Governing Law

This page sets out the default dispute process for RiverPen projects, with Kenya as the primary legal reference point unless a signed contract provides otherwise.

Governing law

  • Unless a signed contract provides otherwise, RiverPen's Kenyan projects are intended to be governed by the laws of Kenya.
  • Mandatory consumer, privacy, tax, or procurement rules in another jurisdiction may still apply where the law requires it.
  • A project contract may select a different law or venue if the parties agree in writing.

Dispute process

  • A written notice should describe the issue and the remedy sought.
  • A reasonable period should be allowed for response and commercial negotiation.
  • Mediation, arbitration, or court proceedings should be commenced only after good-faith negotiation has failed.

Practical enforcement

  • Project records, invoices, approvals, messages, and delivery notes should be retained because they will be relevant in any dispute.
  • Scope changes should be documented promptly to avoid later disagreement as to what was included.
  • A party that refuses payment or obstructs delivery may be treated as in breach, subject to the signed contract and applicable law.

Severability and force majeure

  • If a clause is found unenforceable, the balance of the terms should continue to apply to the fullest extent permitted by law.
  • Neither party should be responsible for delay caused by events outside reasonable control, including outages, strikes, war, severe weather, or government action.
  • If a force majeure event persists for a period sufficient to materially affect the project, the parties should agree on a revised schedule or an orderly close-out.

Effective date: August 24, 2025