Litigation & Alternative Dispute Resolution

Our Litigation and ADR practice represents clients involved in litigation at all levels of the Kenyan judicial system, as well as before statutory and arbitration tribunals.  Our litigation team focuses on dispute resolution in Commercial, Employee & Industrial, Environment, IP, Landlord & Tenant, Recoveries, Receiverships and Liquidations.  A niche area of practice is Tax where we advise corporate clients on interpretation of diverse aspects of revenue statutes, and where we have a track record of successfully representing clients against the Kenya Revenue Authority.

Our experiences include: 
  • Successfully represented a retirement benefits scheme in litigation challenging the construction of a sewer line along the perimeter of its USD 30 million mixed use residential and commercial property development;
  • Successfully represented a privately owned bottling company against a tax claim by the Kenya Revenue Authority with decision established the law on tax payable on returnable bottles and containers, a milestone for the industry;
  • Successfully represented a global chemical company in a USD 25 Million disputed tax relief claim against the Kenya Revenue Authority;
  • Representing an Indian bank in its recovery of USD 22 Million in receivership proceedings involving the local horticulture company of a global group;
  • Represented a leading construction company in an adjudication with the national highways authority seeking time extensions and a financial claim of in excess of KShs 400 million arising out of a road construction contract;
  • Successfully represented a local bank in a receivership dispute valued at KShs 280 million;
  • Advised a reinsurance company 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 a private client in a claim of KShs 126 million 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;
  • Successfully represented an architectural firm in a claim against the Ministry of Education for a sum in excess of KShs 150 million being unpaid fees for work done;
  • Successfully defended private equity firm in a suit challenging a commercial development valued at USD 40 Million on environmental grounds
  • Successfully represented a Kenyan bank in a duty claim against the Commissioner of Custom Services over an enforcement of transit bonds valued at USD 8.4 million;
  • Successfully represented a local air services company in a USD 1.75 million dispute relating to customs and excise duties, value added and income taxes
  • Successfully represented a leading actuarial firm at the retirement’s benefits tribunal in a wrongful exit calculations claim by ex-employees of one of Kenya’s largest banks;
  • Representing the claimant in arbitration against a leading mobile network operator arising out of the termination of a distributorship agreement when an award in excess of KShs 500 million was awarded to the Claimant, currently in litigation at the Supreme Court;
  • Successfully represented a leading social welfare financial services company in a trademark dispute with a leading multinational insurance services provider;
  • Representing a contractor, in a construction dispute with a developer arising out of a contract performed in Rwanda with a subject matter value exceeding KShs 100 million;
  • Successfully represented a landowner in a suit against the Kenya Electricity Transmission Company, challenging the erection of power mast and lines prior to effecting full and equitable compensation as provided for by the law;
  • Currently representing a former director of Kenya’s largest hospital in a suit against his former employer claiming unlawful termination of employment;
  • Represented an architectural firm in a construction arbitration against its former client for a sum of approximately KShs 75 million whilst the counterclaim was for a sum in excess of KShs 250 million;
  • Advising and representing a receiver in the receivership of Karuturi Limited and its related companies;
  • Representing a leading beauty products manufacturer at the Kenya Industrial Property Institute Tribunal and at the High Court on appeal in various opposition proceedings brought by a global beauty products company in respect of the registration of a range of its trademarks.

 

For more information on our Litigation & ADR expertise, please contact Jomo Nyaribo – Partner and Head of Litigation and ADR.





1st Floor, Wing B, Capitol Hill Square, Off Chyulu Road, Upper Hill, Nairobi, Kenya.
P.O. Box 8418 Nairobi 00200 / T: +254-20-2737572/5/8 +254-20-2596994 / M: +254 718 268 683

Dropping Zone: No 62, Revlon Plaza

mman@mman.co.ke