We represent clients involved in litigation at all levels of the Kenyan judicial system, as well as before statutory and arbitration tribunals. Our practice focuses on dispute resolution relating to Civil Aviation, Commercial, Construction, Employee & Industrial, Environment & Land Law, Public Procurement, Recoveries and Receiverships & Liquidations. A niche area of practice is Tax where we advise corporate clients on interpretation of diverse aspects of revenue statutes as well as representing clients against the Kenya Revenue Authority.
Our litigation and alternative dispute resolution team has acted in the following matters:
- Represented the Kenya Association of Air Operators in a class action judicial review against the Kenya Airports Authority in a dispute relating to illegal assessment and levy of aviation charges.
- Represented Transworld Safaris in defending an accident claim brought under the Warsaw Convention.
- Representing Daidalos International CY Limited in aircraft recovery proceedings.
- Representing Sage South Africa (PTY) Limited in a claim for alleged breach of contract for installation and maintenance of IT software to Burn Manufacturing USA LLC
- Representing Nyutu Agrovet Limited as claimant in an arbitration against Airtel Networks [K] Limited arising out of the termination of a distributorship agreement when an award in excess of KShs. 500 million was awarded to the claimant. The dispute has since been escalated to the High Court, Court of Appeal and Supreme Court of Kenya where a novel issue of law has emerged for determination – whether there is a right of appeal from the High Court to the Court of Appeal on a decision made under section 35 of the Arbitration Act [ongoing].
- Successfully advising [and implementing decisions made by] local minority shareholders in a dispute with the majority shareholders of a large sugar milling company considering the newly implemented provisions of the Companies Act 2015.
- Successfully representing Balmoral Central Contracts Limited in a suit against Aircraft Contracts Kenya Ltd for the enforcement of an arbitral award for the specific performance of a share purchase contract.
- Successfully represented a leading International School in an arbitration arising out of a share purchase contract for disputed sums of over KShs 200 million.
- Represented DAC Aviation International in a lease termination dispute with Aero Century Corporation.
- Successfully representing Safaricom Staff Pension Scheme in a litigation challenging the construction of a sewer line along the perimeter of one of its flagship projects, Crystal Rivers by another developer, Erdermann Property Limited.
- Advising and representing in court a developer of a residential project [originally valued at KShs. 530 million] of 150 housing units in a dispute with the contractor and successfully negotiating on behalf of the same client restructuring of loan facilities of approximately KShs. 580 million with a regional lending institution.
- Successfully representing a contractor in court proceedings seeking to enforce a lien over the property subject matter of the development to recover unpaid fees in excess of KES 100 million.
- Representing a leading construction company, H. Young [E.A.] Ltd in an adjudication with Kenya National Highways Authority seeking time extensions and a financial claim of in excess of KES. 400 million arising out of a road construction contract.
- Representing a local food processing company in arbitration proceedings against the contractor for the construction of its processing plant in a dispute valued at approximately KShs 70 million.
- Representing Thomas & Piron Grand Lacs Limited, a contractor, in a construction dispute with a developer arising out of a contract performed in Rwanda. The subject matter value is in excess of KShs. 100 million.
- Successfully representing the National Construction Authority before the constitutional court in a claim by a citizen seeking to stop the NCA from performing its statutory duties on the ground of breach of constitutional rights. Petition was dismissed with costs.
- Successfully represented Ngotho Architects in a claim against the Ministry of Education for a sum in excess of KShs 150 million being unpaid fees for services provided by the Architect.
Employment & Industrial
- Successfully representing Alexander Forbes in a claim before the Retirement Benefits Appeal Tribunal by 130 former employees of the National Bank of Kenya Limited for over KShs 100m] where the claim against Alexander Forbes was dismissed by the tribunal.
- Representing a former group managing director of one of the largest insurance groups in East and Central Africa, UAP Holdings Limited, in proceedings alleging unlawful termination of employment.
- Successfully representing Co-operative Bank in an employment claim by one of its ex-employees at the Court of Appeal in a claim valued at approximately KShs 4 million. The appeal was dismissed with costs.
- Representing an NGO, Hivos East Africa, in employment proceedings raising a novel point of law: that an NGO financing a project or a program run by a third party can be considered an “employer” for purposes of the Employment Act and consequently liable to pay damages for unlawful termination of employment.
- Currently representing a former director of the Kenyatta National Hospital in a suit against his former employer claiming unlawful termination of employment. The matter is ongoing.
- Representing in various matters the Co-operative Bank of Kenya Limited in cases filed by their former employees alleging unlawful termination of employment.
- Representing Safaricom Limited in various cases filed by their former employees alleging unlawful termination of employment.
- Successfully representing a former employee of Aviation Company in a suit for wrongful termination of employment where an award in excess of KShs 10 million was made in favour of the employee.
- Representing Justice Joseph Gregory Nyamu, a former judge of the Court of Appeal, in a constitutional petition against the Judges and Magistrates Vetting Board contesting his removal from the judiciary.
Environmental & Land Law
- Successfully represented NSE listed firm Trans Century Limited in a matter before the National Environmental Management Authority Tribunal, Tribunal Appeal NET 66 of 2011, where an appeal by a resident’s association challenging NEMA approval granted for construction of a commercial development in Karen, Nairobi, was dismissed with costs.
- Successfully represented a client in a matter before the Court of Appeal being a land ownership dispute from a transaction that was entered into in 1995. The appeal was dismissed with costs and a challenge to the Supreme Court was also dismissed with costs.
- Representing a private client in a claim against the Government of Kenya and a road contractor for breach of constitutional rights in the manner and exercise of the Government’s acquisition of private property for public purpose. The claim is for a sum of KShs. 126 million (on-going).
- Successfully representing a landowner, Mukin Limited, in a suit challenging the erection of power mast and lines prior to effecting full and equitable compensation as provided for by the law.
- Representing Safaricom Staff Pension Scheme as an interested party in ongoing proceedings before the NEMA Tribunal with respect to alleged dumping and degradation of the environment by third parties.
- Successfully representing Kenyan beauty products manufacturer Interconsumer Products in a trademark dispute with L’Oreal International which ultimately led to a purchase of the company by L’Oreal. The objections by L’Oreal were dismissed with costs. [Before the Registrar of Trademarks and High Court]. HCCC No. 1089 of 2010.
- Successfully representing Enwealth, a leading social security service provider in a trademark dispute with a leading multinational insurance services provider.
- Representing local aircraft operator Delta Connections Ltd at the Court of Appeal in a trademark infringement claim by US airline, Delta Airlines Inc.
- Representing Jambopay Express Limited in IP proceedings against a third party with respect to the use of a registered trademark ‘Jambopay’. The matter is pending for hearing and determination at the Court of Appeal.
- Represented Indian pharmaceutical giant Famy Care at the Public Procurement Complaints, Review and Appeals Board against KEMSA in the award for injectable contraceptives for 2011-2013. The matter was subsequently litigated before the High Court and Court of Appeal.
- Representing advertising firm Ogilvy East Africa Limited in an appeal to the Public Procurement Complaints, Review and Appeals Board against Kenya Re Insurance in the award of a tender.
- Represented Avery East Africa Limited in an appeal to the Public Procurement Complaints, Review and Appeal Board against a tender award by National Cereals and Produce Board for the supply of industrial weighing scales.
Receiverships & Liquidations
- Representing an international bank, ICICI Bank Limited before High Court and Court of Appeal in a claim for over USD 20 million against Karuturi Limited and advising the same bank on the appointment of a receiver over the Company and its related subsidiary. Successfully obtained permission of the court to dispose of the assets of the borrower.
- Advised a South African branch of an international bank of insolvency options available to it in the recovery of approximately USD. 20 million from a local construction company.
- Advising and representing an insolvency practitioner [receiver] in receivership proceedings involving the largest flower farm in Kenya, Karuturi Limited.
- Successfully representing Spire Bank in recovering over KShs 50 million from a borrower where the security had not been perfected. The proceedings involved seeking registration of the bank’s interests with the National Land Commission and obtaining court orders compelling the NLC to deposit the compensation amount in a joint bank account.
- Successfully representing Imperial Bank in a recovery claim for KShs 240 million against one of its principal borrowers. The bank was permitted to realise its security.
- Successfully representing Spire Bank before the constitutional court in a petition by a borrower seeking to stop the bank from pursuing loan recovery whose value was in excess of KShs 50 million on grounds of alleged breach of constitutional rights. The Petition was dismissed with costs.
- Successfully represented Magadi Soda Limited (now Tata Chemicals) in a USD 25 Million disputed tax relief claim.
- Successfully represented Imperial Bank against the Commissioner of Customs Services in a judicial review matter in a claim for enforcement of transit bonds valued at KShs 86 Million.
- Successfully represented Coca Cola bottling company Equator Bottlers in a tax dispute with the Kenya Revenue Authority where a tax assessment of in excess of KES 24 million was dismissed by the court.
- Successfully represented Tsavo Power Limited in three (3) tax appeals before the High Court of Kenya with respect to inter alia, income tax payable by a non-resident consultant.
- Defending two significant income tax appeals by the Commissioner of Income Tax on behalf of Equator Bottlers Limited in relation to tax treatment for returnable containers.
- Representing Old Mutual with respect to a corporate tax dispute relating to taxation of the life insurance dispute before the Income Tax Local Committee against a substantial (KShs. 364 Million) corporate tax assessment by the commissioner of Income Tax
- Advised Kenya Reinsurance Corporation in a tax demand by the Kenya Revenue Authority in excess of KShs. 600 million arising out of withholding tax [from commissions and brokerage fees] claims for reinsurance business for both resident and non-resident third parties and taking into account double taxation treaties in place between Kenya and India/United Kingdom.
- Representing Queensway Air Services Limited in the High Court of Kenya in a judicial review action against the Commissioner of Income Tax in connection with a substantial (KShs. 74 million) assessment and a dispute relating to non-resident withholding tax and double taxation (the Kenya- United Kingdom Double Taxation Treaty, 1978) and in subsequent proceedings the recovering of tax erroneously recovered by the Commissioner in the course of the process of settlement of the dispute.
- Representing Blue Shield Insurance Company Limited in the High Court of Kenya, in connection with a dispute on assessment of tax computation of insurance profits and losses across long term business and general business.
- Representing Reckitt Benckiser East Africa in an income tax appeal from the Income Tax Local Committee to the High Court of Kenya appealing an assessment to penalties and interest by the Commissioner of Income Tax.
- Advised GlaxoSmithKline with regards to an excise tax investigative audit by Kenya Revenue Authority.