Dispute resolution in Kenya

Dentons Hamilton Harrison & Mathews

Dentons Hamilton Harrison & Mathews has a rich heritage in dispute resolution, thanks, in part, to the presence of Kenneth Fraser and Kiragu Kimani, who was recently appointed senior counsel, resulting in the practice being the only one in Kenya with two SCs.  Banking and insurance cases remain a particular forte for the group, which also leads the market in employment and tax cases. Judicial review and constitutional cases are another area of particular experience. Michi Kirimi is also highly recommended for employment disputes.

Practice head(s):

Kenneth Fraser

Key clients

Kenya Bankers Association

Ethics & Anti-Corruption Commission

ZTE Corporation

Nation Media Group

Kenya Power & Lighting Corporation

Work highlights

  • Acted for the Kenya Bankers Association in a constitutional petition concerning legislation that imposed a cap on the rate of interest which banks can charge in Kenya.
  • Represented the Ethics & Anti-Corruption Commission in challenges against its investigation into allegations of corruption made against several prominent personalities.
  • Acted for ZTE in a procurement claim where the award of the tender to the client was challenged by a rival bidder.

Kaplan & Stratton Advocates

Kaplan & Stratton Advocates has devoted considerable resources to its leading dispute resolution practice. Administrative law and judicial review, procurement, employment, tax and arbitration cases are areas of particular strength. Fred Ojiambo is frequently engaged in headline cases in the jurisdiction. Other key practitioners include Peter GachuhiNazima MalikJames MuthuiCosima WetendeEsther Kinyenje and Peter Njeru.

Practice head(s):

Fred Ojiambo

Testimonials

The dispute resolution advocates deliver even when the odds are stacked against them.’

The firm is adept at offering advice and alternative means of resolving disputes where protracted litigation is likely to be unsuccessful.

Esther Kinyenje is very knowledgeable and experienced in employment and labour relations matters and in litigation.

James Muthui has a brilliant legal mind, is very well informed and abreast of all recent legal developments. He is a person of high integrity and has a pleasant and amiable personality. He is personally involved in the matters he takes on and follows these matters till conclusion.

Key clients

Unilever Kenya

Tata Chemicals Magadi

British American Tobacco Kenya Limited

AON Minet Kenya

Coca-Cola Central East and West Africa

East Africa Breweries

Safaricom

Work highlights

  • Acted for Kakuzi, the Kenyan trading company, in various class action claims brought by Kakuzi’s neighbouring residents before the National Land Commission.
  • Represented the Kenya Hospital Association in the contended removal of the board members of the Nairobi Hospital.
  • Defended Total Touch Cargo Holland against a VAT tribunal’s decision on exported services.

Oraro & Company Advocates

Oraro & Company Advocates has an exceptional record in big-ticket disputes. It remains a key name for insolvency and tax disputes, along with major arbitrations. George Oraro has an outstanding reputation, as does Chacha Odera and Walter AmokoNoella  Lubano is an up-and-coming name.

Testimonials

Personalised service, flexible on fees and top-notch lawyers.’

Solution oriented, commercial sense, a wealth of knowledge, ability to understand issues and draft pleadings within pressing timelines.

George Oraro is available throughout, he is willing to meet and offer advice and solutions. Even when he is not able to take up a matter, he is still willing to see how best he can assist.

Noella Lubano is responsive, conducts very good and well thought out research, and is approachable and witty.

Noella Lubano, Chacha Odera and Walter Amoko are people you need to have on your side. The wealth of knowledge from each individual in the firm is quite outstanding.

Key clients

Central Bank of Kenya

Kenya National Union of Teachers

National Bank of Kenya

County Assemblies Forum

Trade and Development Bank

Toyota Kenya

Bank of Africa

Ecobank Kenya

Kenya Power and Lightning Company

Work highlights

  • Represented Kenya Deposit Insurance Corporation in negotiating the recovery of a depositor’s $200m from a debtor.
  • Acted for Lordship Africa in a challenge of the Nairobi City County’s awarding of a tender for the development of a mega housing project.
  • Acted for Kenya Depositors Insurance Corporation in a mareva injunction/freezing order relating to the tracing and recovery of $70m of assets from individuals and companies alleged to have defrauded Chase Bank.

Anjarwalla & Khanna

Anjarwalla & Khanna remains at the forefront of disputes concerning fraud, and bribery and corruption, and is also a key name for investigations. The firm is unique in having a complementary forensic practice that works alongside dispute resolution specialists. It also has a steady flow of commercial litigation and arbitration work. Aisha Abdallah leads the team, while of counsel Luisa Cetina is an experienced international litigator.

Practice head(s):

Aisha Abdallah

Testimonials

Excellent team with depth.’

Responsive, competent and willing to put the extra hours in when necessary.

This practice is unique because it is the largest law firm in East Africa and thus has the capacity to handle complicated disputes. The research team as well as knowledge management departments provide critical information and advice to its legal team which makes the firm very sophisticated. I rate it as the best practice in the East African region.’

The individuals I have worked with have been very professional, innovative and knowledgeable and demonstrated a high commitment to my organisation’s needs.’

Key clients

Heineken

Africa Oil

Mitsubishi Electric

Kenya Airways

Work highlights

  • Represented Kenya Airways in connection with a strike threatened by the Kenya Aviation Workers Union, which had directed its members not to crew the inaugural direct flight from Nairobi to New York.
  • Acted for Mitsubishi Electric, the Japanese multinational electronics and electrical equipment manufacturing company, in contesting a suit filed by Mits Electrical Company over alleged breach of various distributorship agreements.
  • Acting for Africa Oil Corporation Africa, Oil Turkana and Africa Oil BV in judicial review proceedings commenced in 2010 by Interstate Petroleum Company, which challenge the grant of petroleum sharing contracts to Africa Oil.

Bowmans

Bowmans has a broad disputes practice, covering insolvency, judicial review, fraud, tax, intellectual property and commercial cases, among other. It is also a growing force in arbitration. Evans Monari is a key name for arbitration and arbitration-related court proceedings, while Anthony Njogu and Terry Mwango are key names for litigation. New partner Cecil Kuyo is also noted.

Practice head(s):

Evans Monari

Testimonials

The team is  vast with knowledge in dispute resolution and its commercial business perspective is exceptional. The team dedicates itself and resources to ensure that they deliver and serve you properly.

The team has very experienced partners and a diverse pool of talented associates.

Anthony Njogu is a good litigator, understands our unique needs and gives candid advice on matters being handled by him or his team.

Cecil Kuyo takes time to call you, update you, recommend and advise. He takes the time to take you step-by-step through the process. He is patient, listens, is genuine and authentic as a person. You feel that he really cares about his clients.

Key clients

Celanese Sales Germany

De La Rue

Philips East Africa

Cipla

Capwell Industries

The Safari Collection

Kenya Sweets

Work highlights

  • Acted for Celanese Sales Germany in a case concerning fraudulent misrepresentation and conspiracy to wrongfully and unlawfully injure.
  • Represented CMC di Ravenna Itinera in seeking relief against government entities and the revenue authorities that had allegedly seized its property illegally.
  • Acted for De La Rue Currency and Security Print Limited and De La Rue Kenya EPZ in judicial review proceedings arising out of a procurement process for the printing of Kenya’s new currency.

Iseme, Kamau & Maema Advocates

Iseme, Kamau & Maema Advocates has gained further traction in cross-border litigation and arbitration. The team acts for a range of local corporates and banks, along with a number of multinationals, thanks to its membership of DLA Piper Africa. Constitutional, commercial, tax, employment and insurance cases are core area of expertise. Karori Kamau has an outstanding reputation, while Martin Munyu also has considerable standing in the market.

Practice head(s):

Kamau Karori

Testimonials

The team members demonstrate a high level of expertise and skill. They are professional, reliable and they deliver effectively. The firm invests in understanding the business and offers practical advice tied to the realities of our business.

The team is responsive. They send regularly updates on matters, consult as appropriate and are proactive in handling challenges. Communication is often succinct and to-the-point, while clearly articulating risks.

I am greatly impressed by Martin Munyu’s expertise in litigation matters and his ability to offer out of the box solutions, especially in complex, sometimes novel matters and within tight timelines. Martin is passionate, driven, reliable and extremely responsive. I often end up at his door on urgent matters, confident the situation shall be handled effectively.’

‘Kamau Karori has a wealth of experience in high-value commercial transactions. He is readily available to offer advice and to give personal attention to matters.

Key clients

World Vision International

The Government of Kenya

Nation Media Group

Stanbic Bank Kenya

I&M Bank

Kenya Bureau of Standards

Unilever Kenya

East African Breweries

Work highlights

  • Successfully represented the Republic of Kenya in a multibillion-dollar ICSID arbitration brought by an investor in the mining sector.
  • Acted for Pevans East Africa in two petitions challenging the issuance of demands by the Kenya Revenue Authority.
  • Represented Barclays Bank of Kenya in a case in which CMC Di Ravenna is seeking recognition of foreign insolvency proceedings.

TripleOKlaw Advocates

TripleOKlaw Advocates has considerable dispute resolution experience, covering commercial litigation through to constitutional cases and arbitration. It has further prominence in cases involving financially-distressed corporates and bank insolvency litigation. John Ohaga is a key name for arbitration, while James Uduol has a strong record in constitutional litigation.

Practice head(s):

John Ohaga; James Uduol

Key clients

Central Bank of Kenya

Safaricom

Kenya Airways

Kenya Pipeline Corporation

Housing Finance Corporation

Bidco Oil

Ernst & Young

Work highlights

  • Represented Central Bank of Kenya before the Court of Appeal in a case where a tenderer challenged the award for the design and printing of currency.
  • Acted for Kenya Airways in an appeal against the decision of the High Court to award damages for wrongful employment termination of its former finance director.
  • Represented Kenya Pipeline Company in an appeal against a High Court award for alleged breach of a transport and storage agreement and a collateral financing agreement.

Walker Kontos Advocates

Walker Kontos Advocates is particularly notable for insolvency and banking cases, along with tax and public law disputes. It is also a recognised force in cross-border IP litigation, along with land rights and expropriation cases. Gregory Karungo and Paul Ogunde lead the team.

Practice head(s):

Gregory Karungo; Paul Ogunde

Testimonials

The team is very dedicated, professional and highly effective.

Greg Karungo is an outstanding lawyer.

Greg Karungo was impressive in court and when the judgment came, less than a year later, he had secured a solid victory that awarded me millions of dollars. To me, Greg Karungo is the best lawyer in the world.

Key clients

International Finance Corporation

Overseas Private Investment Corporation

SBM Bank (Mauritius)

Société de Promotion et de Participation Coopération Economique (PROPARCO)

Standard Bank Group

Trade Development Bank

Coöperatieve Rabobank

Citibank

Work highlights

  • Acted for ARM Cement (in liquidation) in relation to its administration, including in employee claims, engagement with regulators, investors, suppliers, bond holders, secured lenders and other classes of lenders.
  • Represented Tata Chemicals Magadi in a rates and royalties dispute, involving obtaining injunctions restraining the county government from interfering in its mining operations.
  • Assisted Kestrel Capital (East Africa) with an investigation into alleged insider trading by its directors and its stock brokering agent.

CMS Daly Inamdar Advocates

CMS Daly Inamdar Advocates has a sizeable dispute resolution team across its Nairobi and Mombasa offices. It covers a broad range of cases, including litigation and arbitration in the commercial, employment, procurement and insolvency spaces. Samir InamdarGeorge Muchiri and Kananu Mutea are the key practitioners.

MMAN Advocates

MMAN Advocates handles tax and insolvency litigation, along with arbitration. Jomo Nyaribo heads the team.

MMC ASAFO

MMC ASAFO is well placed to handle big-ticket litigation and is increasingly handling a number of headline engagements. Peter MurageDaniel Musyoka and Billy Kongere have considerable disputes expertise, covering a range of litigation and arbitration.

Testimonials

The firm adapts easily to be able to provide realistic and workable solutions for its clients having fully understood the issues related to the disputes.

Always reachable and approachable, they are there for the best interests of the client. They have an experienced and dynamic team in various fields.’

Peter Munge will go all out to ensure that disputes are handled successfully and all matters are handled with great attention to detail.

Billy Kongere always strives to get the best result for the client in any case. No case is too big or small.

Key clients

Barclays Bank of Kenya

Co-operative Bank of Kenya C

HFC

SGS Kenya

Work highlights

  • Defended Safaricom against two constitutional petitions.
  • Acted for Kenya National Commission in a human rights matter in the Supreme Court, seeking the court’s interpretation of chapter six of the constitution of Kenya.
  • Represented Juja Coffee Exporters against a state-owned commercial bank to nullify all security documents allegedly held by the commercial bank.

Mohammed Muigai Advocates

Mohammed Muigai Advocates has an outstanding record in procurement, administrative and constitutional law cases. Mohammed Nyaoga is a highly regarded advocate for procurement disputes, while Geoffrey Imende is a notable name for judicial review, procurement and construction disputes. Former attorney general of the Republic of Kenya Githu Muigai provides further high level gravitas and experience.