Kaplan & Stratton Advocates > Nairobi, Kenya > Firm Profile

Kaplan & Stratton Advocates Offices

Kaplan & Stratton Advocates
9TH FLOOR, WILLIAMSON HOUSE
4TH NGONG AVENUE
PO BOX 40111-00100 NAIROBI
Kenya
Visit website 254 2028 41000 254 20 273 4667

Kaplan & Stratton Advocates > The Legal 500 Rankings

Kenya > Dispute resolution Tier 1

Boasting an impressive client portfolio drawn from key industry sectors including commodities, construction, energy, insurance, financial services, and international trade, Kaplan & Stratton Advocates enjoys a secure position in the dispute resolution, mediation and arbitration space. The practice is routinely engaged in commercial disputes, class actions, and shareholder and company disputes. Fred Ojiambo, who often appears in high-profile criminal and civil suits, leads, and the team is reinforced by competition law specialist Peter Gachuhi, tax expert Nazima Malik, trade and industrial relations disputes expert Esther Kinyenje, and employment law authority Cosima Wetende. James Muthui and Peter Njeru support on intellectual property and procurement projects, respectively.

Practice head(s):

Fred Ojiambo

Other key lawyers:

Peter Gachuhi; Esther Kinyenje; Cosima Wetende; James Muthui; Peter Njeru; Nazima Malik

Testimonials

‘The team is quite diverse and due to this they are able to appreciate more issues and bring to the table practical solutions to business problems. The team works together and are thus able to provide a quick turnaround on requests and there is always someone available to discuss issues with.’

‘Their level of integrity and honesty.’

‘The team has diverse experience and knowledge on different legal topics that speaks to how they represent you in litigation. They keep themselves abreast with trends that impact commercial organisations.’

‘The knowledge of law and experience. Also, the time they take to understand a matter that they may not be too familiar with before they represent us fully in litigation matters.’

Key clients

KASNEB

Instalaciones Inabensa S.A

Absa Bank Limited (formerly Barclays Bank of Kenya Limited)

Total Energies Limited (formerly Total Kenya)

Rift Valley Highway Limited

Rubis Energy Kenya

Unilever Kenya Limited

AON Minet Kenya Limited

Coca-Cola Central East and West Africa Limited

East Africa Breweries Limited

Safaricom PLC

TNT Express Worldwide Kenya Ltd

CMA CGM Kenya Limited

Samsung Kenya

Work highlights

  • Acted for East African Development Bank (EADB) in multiple suits, the seminal of which arises from a facility agreement entered into between Dari Limited and EADB and guaranteed by the directors of Dari individually and collectively.
  • Acted for Coca-Cola Central East and West Africa Limited in opposing an appeal filed by the Kenya Revenue Authority (KRA) against a decision issued by the Tax Appeals Tribunal confirming that the marketing services provided by Coca-Cola Central East and West Africa Limited to Coca-Cola Export in the United States were exported services and therefore no value added tax (VAT) was chargeable.

Kenya > Employment Tier 1

International corporations, large public companies, SMEs, and not-for-profit entities seek out Kaplan & Stratton Advocates for their expert advice on contentious and non-contentious employment matters. The team offers a full service across disputes, investigations, compliance, structuring, recruitment, immigration, and employee transfers. Practice head Sam Wainaina is without peer in the realm of pensions, and Peter Gachuhi flaunts extensive experience in litigation, arbitration, and mediation. Esther Kinyenje enjoys a stellar reputation in major trade and industrial relations disputes, while Cosima Wetende is another skilled litigator and labour law advisor.

Practice head(s):

Sam Wainaina

Other key lawyers:

Peter Gachuhi; Esther Kinyenje; Cosima Wetende

Testimonials

‘Client care. The firm is available to support not only on litigious employment matters but business strategy matters affecting labour.’

‘Esther Kinyenje is brilliant. Able to make practical judgments. She has been very supportive in providing guidance on CBA negotiation matters, and investigations processes, and has provided good guidance on employment policy implementation and amendments for the business.’

‘Esther Kinyenje is an excellent litigator. She provides good litigation strategies and executes them with perfection.’

‘The team puts in extra effort to attend to matters with the highest standard of professionalism. They are very reliable.’

‘Esther Kinyenje and Cosima Wetende stand out in labour matters due to their up-to-date knowledge of developments in the labour environment and ability to address high-value claims.’

Key clients

Coca-Cola Central, East and West Africa Ltd

Prudential Life Assurance Kenya Ltd

Kenya Tea Growers Association

Kenol Kobil

Unilever Kenya Ltd and Unilever Tea Ltd

AMREF Health Africa

Samsung Kenya Limited

British American Tobacco (BAT) Limited

Tata Chemicals Magadi Ltd

Orpower 4 Inc.

FSD Africa

Syngenta Group

American Tower Corporation

Ford Foundation

Tearfund

Work highlights

Kenya > Banking, finance and capital markets Tier 2

Counting among its client portfolio major development finance institutions and domestic banks, Kaplan & Stratton Advocates is known for its work in the aircraft leasing and finance space, in addition to bank syndications, project financing, bonds and securities. Ruth Kirunga leads the team, with significant experience in complex structures and securities, while Peter Hime is the go-to for aircraft finance and acquisition. Eva Biegon supports on debt finance, securitisation, project finance and trade finance.

Practice head(s):

Ruth Kirunga

Other key lawyers:

Peter Hime; Eva Biegon

Key clients

IFC

Stanbic Bank Kenya

Export Import Bank of China

African Export-Import Bank

Agence Française de Développement

Nordic Aviation Capital A/S

Nederlandse Financierings-Maatschappij Voor Ontwikkelingslanden N.V. (“FMO”)

Nedbank Limited

DEG

European Investment Bank

SFC Finance Limited

Work highlights

  • Acted as Kenyan counsel for Fei Ongrid LP in a loan to AssetCo Solarise Africa Ltd, Solarise South Africa Assetco Proprietary Limited, Rest of Africa Assetco and Fei Ongrid LP in connection with the financing of the development, construction, operation and ownership of commercial and industrial solar projects and energy saving assets in Kenya and South Africa.
  • Advised on the refinancing of the loan to M-Kopa Kenya Limited.
  • Acted as local counsel for IFC on a complex senior debt financing of five green-field ceramics tiles plants in various countries around Africa, including Kenya.

Kenya > Commercial, corporate and M&A Tier 2

Kaplan & Stratton Advocates‘s acts for a high-profile roster of domestic and multinational corporations from sectors including energy, telecoms, media and tech, insurance, banking, FMCG, and aviation, with the team having significant expertise in complex M&A, internal restructuring, and shareholder agreements. Sarah Kiarie-Muia, whose specialism lies in advising development finance institutions, leads the team alongside Joseph Ng’ang’ira, who is an expert in M&A transactions. Capital markets work is the remit of Kenneth Kamaitha, and Mercy Chemutai distinguishes herself in competition law matters.

Practice head(s):

Sarah Kiarie-Muia; Joseph Ng’ang’ira

Other key lawyers:

Kenneth Kamaitha; Mercy Chemutai

Testimonials

‘The firm has a diverse set of skills in various aspects of law with staff who are committed, resourceful and engaging. They offer top quality service that is tailored to client needs.’

‘Joseph Ng’ang’ira and Mercy Chemutai are skilled competition law practitioners. They are available and engaging, deliver within timelines and go over and above to fulfil client needs to make for swift resolution of complex legal matters.’

Key clients

ZEP RE (PTA Reinsurance Company)

Nordic Microfinance Initiative AS

AP Møller Capital P/S

ICEA LION Insurance Holdings and First Chartered Securities Limited

GEMS Africa Limited

The Dow Chemical Company

CFAO

Unilever Kenya Limited

International Finance Corporation

British American Tobacco

Coca Cola Kenya

Proparco

Safaricom PLC

Samsung Electronics

Hapag-Lloyd

Assa Abloy Group

Bata Corporation

Lafarge Holcim Group

Prudential Assurance Group

Absa Group

FedEx Group

DSV Group

SAP

Oracle

IBM

L’Oreal East Africa

Daimler

Work highlights

  • Advised IBL Limited in its acquisition of a significant stake in Naivas Limited.
  • Advised CFAO SAS in its acquisition of a significant stake in Goodlife Pharmacies Limited.
  • Advised AP Moller Capital group in its acquisition of Thika Power Limited.

Kenya > Privatisation and projects Tier 2

Proving most valuable to private sponsors and lenders with a growing focus on PPP projects, Kaplan & Stratton Advocates is involved in many large-scale infrastructure projects in the energy and transport sectors. Ken Kamaitha, who advises on many significant road and mining projects, heads the practice, with Sam Wainaina lending the weight of his energy sector experience to power projects and financing.

Practice head(s):

Ken Kamaitha

Other key lawyers:

Sam Wainaina; Nyakio Manga

Key clients

Vinci SA

Meridiam SAS

PowerChina Group

Sinohydro Corporation

Alten Energías Renovables

Elicio N.V

European Investment Bank (EIB)

Nederlandse Financierings-Maatschappij Voor Ontwikkelingslanden N.V. (FMO)

Deutsche Investitions- und Entwicklungsgesellschaft (DEG)

Agence Française de Développement (AFD)

International Finance Corporation (IFC)

The Export-Import Bank of China

Stanbic Bank

Societe De Promotion et de Participation Pour la Cooperation Economique (“Proparco”);

Work highlights

Kenya > Real estate and construction

Kaplan & Stratton Advocates > Firm Profile

Established in 1938, Kaplan & Stratton has over eight decades of experience providing a comprehensive range of legal services to domestic, international, corporate and private clients. Kaplan & Stratton also has a pan African reach as one of the founder members of LEX Africa. LEX Africa is a leading network of independent law firms spanning 26 African countries.

Recognised as a market leader in the region Kaplan & Stratton has successfully argued numerous precedent setting cases and been involved in several first of their kind transactions in Kenya and the region. Our strength lies in our exceptional legal practitioners who have expertise in specific practice areas as well as sector knowledge. For more details of our practice areas please visit our website https://www.kaplanstratton.com/expertise/.

Our firm ethos is to be client-focused with the objective of providing accurate, timely and practical legal advice that will facilitate clients’ business dealings in Kenya and in the East African region. Our genuine commitment to our clients has made us the law firm of choice for clients instructing us repeatedly citing our “commitment to client satisfaction and timely service delivery,” and “understanding the commercial needs of businesses… to give solutions that meet the business needs.”

Main Contacts

Department Name Email Telephone
Aircraft Leasing and Financing Peter Hime PHime@kapstrat.com
Aircraft Leasing and Financing Ruth Kirunga RKirunga@kapstrat.com
Arbitration and Mediation Peter Gachuhi PGachuhi@kapstrat.com
Arbitration and Mediation Esther Kinyenje EWK@kapstrat.com
Banking / Insurance / Telecoms Ruth Kirunga RKirunga@kapstrat.com
Business Establishment Kenneth Kamaitha KKamaitha@kapstrat.com
Business Establishment Joseph Ng’ang’ira JNgangira@kapstrat.com
Capital Markets Sarah Kiarie-Muia SKiarie@kapstrat.com
Capital Markets Joseph Ng’ang’ira JNgangira@kapstrat.com
Employment / Retirement Benefits Sam Wainaina SWainaina@kapstrat.com
Employment / Retirement Benefits Esther Kinyenje EWK@kapstrat.com
Employment / Retirement Benefits Cosima Wetende CWetende@kapstrat.com
Environment and Conservation Rachel Mbai RMbai@kapstrat.com
Environment and Conservation James Muthui JMuthui@kapstrat.com
Forensics and Due Diligence Cosima Wetende CWetende@kapstrat.com
Forensics and Due Diligence Sarah Kiarie-Muia SKiarie@kapstrat.com
Forensics and Due Diligence Joseph Ng’ang’ira JNgangira@kapstrat.com
Immigration and Private Client Peter Gachuhi PGachuhi@kapstrat.com
Immigration and Private Client Nyakio Manga NManga@kapstrat.com
Intellectual Property Peter Hime PHime@kapstrat.com
Intellectual Property Patrick Ikimire PIkimire@kapstrat.com
Joint Ventures and M&A Sarah Kiarie-Muia SKiarie@kapstrat.com
Joint Ventures and M&A Joseph Ng’ang’ira JNgangira@kapstrat.com
Litigation Esther Kinyenje EWK@kapstrat.com
Litigation Fred Ojiambo FOjiambo@kapstrat.com
Litigation Peter Njeru PNjeru@kapstrat.com
Litigation James Muthui JMuthui@kapstrat.com
Litigation Peter Gachuhi PGachuhi@kapstrat.com
Litigation Cosima Wetende CWetende@kapstrat.com
Power and Energy Samuel Wainaina SWainaina@kapstrat.com
Power and Energy Kenneth Kamaitha KKamaitha@kapstrat.com
Private Equity Sarah Kiarie-Muia SKiarie@kapstrat.com
Private Equity Joseph Ng’ang’ira JNgangira@kapstrat.com
Privatisation and Project Finance Kenneth Kamaitha KKamaitha@kapstrat.com
Privatisation and Project Finance Samuel Wainaina SWainaina@kapstrat.com
Real Estate/ Property Management Rachel Mbai RMbai@kapstrat.com
Real Estate/ Property Management Caroline Etyang CEtyang@kapstrat.com
Structured Finance Kenneth Kamaitha KKamaitha@kapstrat.com
Structured Finance Ruth Kirunga RKirunga@kapstrat.com
Tax and Stamp Duty Planning Nazima Malik NMalik@kapstrat.com
Tax and Stamp Duty Planning Ruth Kirunga RKirunga@kapstrat.com

Staff Figures

Number of lawyers : 36

Languages

English
Swahili

Memberships

Lex Africa

Notable Cases


Kaplan & Stratton has advised on several precedent setting matters including:

Representing the Communication Authority of Kenya, in a dispute regarding the roll out of the digital migration framework in Kenya, in light of the International Telecommunication Union Rules, which require migration within a specific period. The matter had huge implications on the communications sector comprising both civilian and non-civilian communication traffic throughout the country.

Representing Barclays Bank in the High Court against the Commissioner of Domestic Taxes on a withholding tax (WHT) claim. The issue in dispute was whether payments to credit card companies were in respect of services and therefore subject to WHT. We successfully obtained a decision from the High Court that sets out the parameters within which the Kenya Revenue Authority can demand payment of WHT.

Advising on the first-ever contested takeover of a company listed on the Nairobi Securities Exchange. The matter involved the take-over of REA Vipingo Plantations Limited by R.E.A. Trading Limited and sale of Vipingo Estate to Centum Investment Company Limited.

Acting as the Kenyan legal advisers to the Joint Lead Managers – Citigroup Global Markets Limited, J.P. Morgan Securities PLC, Standard Bank of South Africa Limited, Standard Chartered Bank in the Government of Kenya’s issuance of USD 2 billion bond on the London Stock Exchange.  This was Kenya’s second ever bond issue. The bond was highly successful and was oversubscribed.

Successfully defending a client in a redundancy suit where the Employment Court found that the redundancy process was improper as the client failed to issue two notices. On appeal, we successfully argued that the proper interpretation of the Employment Act was to provide for the issuance of only one notice. The case set legal precedence in Kenya by successfully overturning various Employment Court decisions to the contrary effect.

Advising East African Breweries on the sale of 15 acres of land to Actis Africa as part of Actis’s strategy to expand its Garden City project. Garden City is Kenya’s first integrated residential, retail and office site.

Advising on the development of a 50MW renewable energy project – solar cell farm. Our advise encompassed energy regulatory matters and land acquisition issues. Solar power generation in Kenya is at its infancy stage.

Advising Safaricom Plc on a first ever “joint venture” style collaboration and technical services agreement between Safaricom Plc and Hikma Electronics Plc  (Ethiopia) relating to the provision and roll out of an airtime credit services technology platform to Ethiopia’s only telco, Ethiotel for onward use by the public. This was the first ever airtime credit services technology platform being offered to Ethiopia’s only telco.

Advising American Tower Corporation (ATC) on its acquisition of over 700 telecommunication towers from Telkom Kenya Limited. The transaction triggers ATC’s entry into the Kenyan market and is one of the largest asset acquisition transactions in Kenya this year by deal value advised entirely by Kenyan lawyers.

Spotlights

Kaplan & Stratton

Kaplan & Stratton is one of the largest law firms in East Africa, offering a comprehensive range of legal services for domestic and international clients, with a focus on the financial and commercial sectors.

Established in 1938, the firm boasts over 85 years of experience, comprising 21 partners. The Commercial Department consists of twelve partners, while the Dispute Resolution Department has nine. The partners are supported by over 40 qualified associate lawyers and over 80 paralegal and 80 support staff, including interns.

Kaplan & Stratton is a full service firm dealing with both contentious and non-contentious matters and clients include private and public companies from Kenya and abroad, as well as local and international banks, development finance agencies and non-government organizations across various sectors. The firm advises on business law, corporate finance, capital markets, project finance, banking, power, telecommunications law, infrastructure, transport, manufacturing, tourism, agriculture, and horticulture. They also handle litigation and provide dispute resolution advice in these areas.

Kaplan & Stratton also serves as Kenyan counsel for numerous international law firms and their clients, primarily from Europe, North America, Asia, and South Africa. The firm organises its practice areas in such a way to provide specialised teams for large-scale transactions, led by experienced partners who oversee all aspects of the matter. The objective is to deliver high-quality legal advice through a professionally managed practice, facilitating clients’ business dealings in Kenya and the broader East African region.

Kaplan & Stratton is a member of LEX Africa, Africa’s first pan African legal alliance focused solely on Africa. It comprises of a network of independent leading law firms spanning 30 African countries. Founded in 1993, LEX Africa has an unmatched record of 30 years of assisting and advising clients on their African business activities. It remains Africa’s largest legal alliance giving clients access to over 600 lawyers and effectively covers the entire African continent. Each member is a full service independent law firm with expert knowledge and experience on both local laws and the local business, political, cultural and economic environment. This depth of knowledge and ability to provide cross-border transaction support is an invaluable resource for businesspersons and investors in Africa. LEX Africa is a “one stop shop” for cross border and local legal solutions. LEX Africa’s provides further value add to clients by producing business and specialist guides annually on a variety of topics, including Mining in Africa, Insolvency and Restructuring and a recently launched guide to Foreign Judgment and Arbitral Awards in Africa. LEX Africa has demonstrated a long standing and continued commitment to Africa since its foundation in 1993. LEX Africa is present in Angola, Botswana, Burkina Faso, Cameroon, DRC, Ethiopia, Ghana, Guinea, Côte d’Ivoire, Kenya, Lesotho, Malawi, Mauritius, Morocco, Mozambique, Namibia, Nigeria, Senegal, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe.