PRACTICE AREAS
OUR AREAS OF PRACTICE
We have a wealth of experience in diverse legal fields and are, as such, one of the most all – rounded Law Firms in the country. We have represented clients in all levels of courts in Kenya including the Supreme Court of Kenya. We have also appeared representing a sovereign state in the East African Court of Justice (EACJ). We have established co-operation in Uganda, Tanzania and Khartoum, Sudan. In addition, we have represented investors in the London Court of International Arbitration (LCIA).
Amongst the areas that we have practised law on a regular and high-level basis include: –
COMMERCIAL LAW
We have been involved in mergers, acquisitions, takeovers and many diverse transactions including the creation of a Kenyan retail bank and also the reverse takeover of a large Bank in a transaction worth Kshs.800 million.
We also specialise in the registration, change of ownership, closure of companies, joint venture agreements and tripartite agreements, sale of goods and supply of services agreements, contract for services agreements and business agreements.
CONVEYANCING TRANSACTIONS
In this area, our Firm continues to be one of the leading firms handling thousands of conveyancing transactions including conveyances for developers. We undertake detailed due diligence on land transactions, thus protecting our clients against potential land frauds. We have handled large and medium size real estate projects, including advising foreign investors in the purchase of large parcels of land all the way to completion, sale and transfer of the projects. We are pleased to note that to-date none of our clients has been affected by land frauds, in spite of the numerous transactions we have conducted in the last 31 years.
Some of the transactions successfully concluded by our firm include:
- Change of User, formation of Management Companies and consequently the Sale, purchase and successful transfer of 80 Apartments, together with the procurement of Share Certificates for each of the purchasers at high-end housing in the City of Nairobi.
- The sale and transfer of 150 affordably priced houses in the East part of Nairobi. We completed and registered sub-leases, procured Certificates of Leases with respect to each Unit effected the Transfer from Developer to respective purchasers.
- The subdivision and amalgamation of Mother Titles that resulted in the construction of 100 bungalows, 50 maisonettes all erected on their individual parcels of land at Athi River- Machakos County. The same have been sold and transfers effected to all the respective purchasers.
BANK SECURITIZATION INCLUDING MORTGAGE AND DEBENTURE INSTRUMENTS
We act for many Banks and financial institutions and are well versed in the preparation of Bank securities. We ensure constant review of such documents based on the changing law and development of jurisprudence arising from court cases.
We constantly engage with our respective Clients and keep them updated. None of the securities prepared by our Firm has ever been challenged against any of the banks.
COMMERCIAL LITIGATION
We litigate in respect of matters of diverse nature, involving many financial institutions and other regulated organisations. This includes the realization of securities, pursuit of guarantors and enforcement of judgments among others. In the course of these services, we have earned a reputation as a formidable law firm with immense experience of the workings of financial transactions to the minutest detail.
- Representing renowned banks in a Claims for recovery. For instance one bank was seeking to recover the sum Kshs. 200 Million and another the sum of Kshs. 1 Billion.
- Enforcing a Foreign Judgment from the High Court of Tanzania, for a renowned Bank for the sum of USD. 3 Million.
CRIMINAL LAW (ECONOMIC CRIMES)
This is an area where we have been engaged regularly by financial institutions to oversee successful prosecutions of fraudsters, be they staff or customers or traders or business partners. Our clientele in this area includes Companies, Banks and other financial institutions who have lost money through fraud by staff and customers. Through our follow-up, we have overseen successful convictions of fraudsters. In other cases we have managed to have the fraudsters who had defrauded a mid-tier bank of Kshs. 96 million forced to reimburse the stolen funds. In this area we have unrivalled expertise and experience.
We have also successfully defended a sitting Judge of the High Court against un-based charges under the Anti-Corruption and Economic Crimes Act (ACECA).
PUBLIC INTEREST LITIGATION
We do not shy from challenging governmental processes, decisions of tribunals, challenges to the actions of financial institutions in respect to Credit Reference Bureau listing of defaulting customers and other constitutional matters. To which, we have:
- Successfully caused the court to revoke a gazette notice cancelling our client’s title over a valuable property along Mombasa road near Sameer Park.
- Successfully stopped the demolition of properties alleged to encroach riparian land in Nairobi.
- Successfully stopped attempts to revoke bonafide titles belonging to various clients on obscure grounds.
- Successfully stopped the development of buildings within the restricted zones in an estate where the approvals granted had been made in total violation of the Physical and Land Use Planning Act (PLUPA).
- Successfully represented a government agency and caused the eviction of a Construction Company from its estate, after which, the said agency was able to complete the over 5,000 affordable houses and sell them to the public.
LAND MATTERS
This is another area where our expertise is recognized in the industry. Having represented financial institutions for such a long time, we were alert when the new Land Laws were promulgated in 2012. We continue to handle very significant land matters and therefore, we are supremely placed to advise on this area without breaking a sweat. For example
- We have handled, resolved and successfully fended off fraudsters who had been bent on invading our clients’ land in areas such as Spring Valley, Kilimani, Lenana Road and Nyari, in Nairobi amongst others.
- We have been consulted severally by real estate companies facing long-drawn lawsuits which had not been concluded for one reason or another.
- We have represented many clients against Nairobi City County in cases of double or multiple allotment of plots.
- We have successfully acted for clients in litigation challenging demolition and threatened demolitions of their property by the county governments and other agencies.
- We have successfully challenged approvals by National Environment Management Authority (NEMA) and County governments in connection with breach of planning and environmental laws.
INTELLECTUAL PROPERTY RIGHTS MATTERS
We successfully aid in the registration of trademarks and patents, as well as acting for clients in Intellectual Property matters. For example, we successfully defended a bank where the individual sought but failed to restrain it from using its well-known trademark.
INSURANCE MATTERS
Our Firm handles the entire docket relating to insurance matters from policy disputes to arbitrations for large claims.
INSOLVENCY PROCEEDINGS
Our firm has represented various companies and large institutions in Insolvency Proceedings.
- Handling insolvency of a well-known supermarket with a debt of approx. Kshs. 5 Billion. An interim liquidation order was issued against the said supermarket.
- Handling insolvency of a transportation firm for a well renowned bank of approximately Kshs. 1 Billion as part of recovery.
- Pursuing insolvency of several institutions as part of debt recovery.
ARBITRATION MATTERS
Our firm has a solid reputation in handling arbitration disputes and in the resultant proceedings. We have handled disputes worth in excess of Kshs. 1.6 Billion in one case. Our years of experience in litigation matters, enables us to add significant value in defending or prosecuting arbitrations and resultant proceedings.
EMPLOYMENT AND LABOUR RELATED MATTERS
Our Firm has represented various large and medium clients in employment matters for over 2 decades. We are amongst the leading legal firms representing most banks in employment disputes. We have represented other Banks and large employers in employment disputes including past termination of services of CEO/MDs of 2 second-tier Banks in which the claims were in excess of USD.2 Million. We successfully negotiated a termination package including gratuity for an immediate former CEO of a Second Tier Bank including guiding the Board of the Bank in the negotiations. Our case authority includes the leading authority on Fixed Term Contracts issued by the Court of Appeal. We have very concrete and practical experience in employment law. Indeed, we have also overseen past retrenchment/redundancy processes undertaken fairly by various corporate clients.
We have very extensive experience in employment disputes and have managed to limit any award of significant damages through pre-emptive advise during preterm nation engagement and post termination robust defence and adduction of evidence.
In the unfortunate cases of theft and defalcation by staff, we have successfully counterclaimed in court, during employment disputes, for recovery of the loss, with success.
INTERNATIONAL LITIGATION
Our firm represents a sovereign state and a Central Bank of one of the East African Countries and has appeared at the EACJ in that respect. We have also partnered with other esteemed Law Firms in Uganda, Tanzania and Sudan representing clients. The briefs have been in the region of USD. 5O Million.