Pearlyne Omamo > ADRA Advocates LLP > Nairobi, Kenya > Lawyer Profile

Pearlyne Omamo

Work Department

Intellectual Property, Litigation

Position

Managing Partner

Career

Pearlyne’s specialty is high-stakes and high-profile disputes and she is reputed for being an efficient, meticulous, and formidable disputes lawyer. She represents a wide range of both local and international clients on several complex disputes.

Pearlyne’s disputes knowledge and experience is broad covering intellectual property, debt recovery, security realisation, medical law, insurance law, employment law, lease/tenancy disputes, land law, family law and succession law. She regularly represents clients before the Supreme Court, Court of Appeal, High Court, the Environment & Land Court, the Employment & Labour Relations Court, the Chief Magistrates Court including the Registrar of Trade Marks and various tribunals such as the Industrial Property Tribunal.

In her intellectual property practice, she has handled both contentious and non-contentious matters relating to the registration and enforcement of plant breeders’ rights, trademarks, patents, copyrights and technovations. In addition, she is a registered Patent Agent with extensive experience handling industrial design and patent registration matters.

Notable experience:
Acting for a well-known commercial bank in Kenya in objection proceedings to protect its security interest valued at over KES 40 billion (USD 335 million) regarding an attempt by the employees of the borrower to attach and sell the borrower’s assets in satisfaction of a Decretal award totalling KES 2.1 billion. The Employment Court held in the client’s favour and set aside the warrants of attachment concerning the borrower’s assets. This enabled the client to institute debt recovery proceedings against the borrower.

Acting for a leading international pharmaceutical company concerning a trademark registration dispute concerning pharmaceutical products valued at over USD 17 million (KES 2 billion).

Acting in a derivative suit relating to a company with vast business interests including land ownership. The subject matter of the dispute is valued at over KES 2 billion (USD 17 million).

Successfully obtained Judicial Review orders quashing a Proclamation Notice issued by the Kenya Revenue Authority which was seeking over KES 820 million (USD 6.87 million) in purportedly unpaid taxes for a Motor Vehicle importation company.

Acting for a major telecommunications company in a complex debt recovery claim valued at over KES 45 million (USD 377,000). The dispute encompasses contract and tax law as well as the enforceability of Performance Guarantees.

Successfully defended the Estate of the late Prieya Gandhi, a former director of Mits Electrical Company by having a default judgment in favour of UBA Bank Limited for USD 427,400.68 (KES 63 million), set aside on grounds that the suit abated against the Estate.

Won the Estate of the late Dipa Jashbai Pulling over USD 860,000 (KES 125 million) by successfully defending it from attempts to stop the Estate from selling its share in the prominent suit property by a co-owner of the suit property and the Ministry of Culture and National Heritage that the suit property ought not to be sold on claims that it was a National Monument requiring government protection.

Won the beneficiaries of the Estate of the late Des Raj Gandhi over USD 665,000 (KES 97 million) by successfully removing and replacing an administrator who unlawfully sold an Estate property and thereafter refused to distribute the sale proceeds -amounting to USD 1 million (KES 140 million).

Acting for Mits Electrical Company against Mitsubishi Electrical Corporation in a matter that spans Arbitration proceedings in Japan, the Kenya High Court and is now at the Kenya Court of Appeal over the disputed termination of a Distribution Agreement covering Kenya, Uganda and Tanzania and relating to a default Judgment issued in favour of Mits Electrical Company worth over USD 8.8 Million (KES 1.2 billion).

Languages

English, Swahili

Memberships

• Law Society of Kenya
• East Africa Law Society

Education

• Postgraduate Diploma in Law, Kenya School of Law
• LL. B, The Catholic University of Eastern Africa