Dispute resolution in Kenya

Dentons Hamilton Harrison & Mathews

Dentons Hamilton Harrison & Mathews has one of the leading dispute resolution practices in Kenya, with it being proficient in matters involving tax, insurance, banking, constitutional and administrative law issues. The team is similarly experienced in energy and infrastructure matters. Practice head Kenneth Fraser SC works with Kiragu Kimani, who has expertise in complex tax disputes, real estate litigation and arbitration. Michi Kirimi is well-versed in guiding clients through banking, insurance, employment and IP matters.

Practice head(s):

Kenneth Fraser

Other key lawyers:

Kiragu Kimani; Michi Kirimi

Testimonials

‘Dentons Hamilton Harrison & Mathews is without question one of Kenya’s leading law firms. They are highly professional, efficient, effective and widely respected.’

‘Mr Fraser is deeply knowledgeable, prepares for his matters meticulously, is most courteous and very efficient in responding to correspondence and updating clients on developments. Having been an advocate at the High Court of Kenya for more than 50 years Mr Fraser is highly experienced in court, commanding the respect of both the bench and fellow counsel.’

Key clients

Altron TMT Holdings (Pty) Limited

Cannon Assurance (Kenya) Limited

Fargo Courier Limited

Kenya Power & Lighting Company Limited (KPLC)

Tandala Investment Company Limited

Bata Brands SA

Bata Shoe Kenya Limited

Sureinvest Company Limited

Delmonte Kenya Limited

Ingredion LLC

Traid Networks Limited

Work highlights

  • Advised a client on an investigation by the Competition Authority of Kenya which alleges that the client has violated a customer’s consumer rights and may be in breach of the Competition Act and Constitution of Kenya 2010.
  • Represented a client in a complaint filed before the Communications and Multimedia Appeals Tribunal, challenging the client’s data and unused internet bundles policy.
  • Acted for two shareholders of an insurance company in a dispute between the shareholders over its management and control before an arbitrator.

Kaplan & Stratton Advocates

The dispute resolution team at Kaplan & Stratton Advocates, which is one of the largest in Kenya, has expertise in commercial litigation, mediation and arbitration. The department engages in a variety of commercial dispute resolution matters, including breaches of contract, charter party disputes, shareholder disputes and regulatory compliance matters. Fred Ojiambo is a highly rated litigation and arbitration expert along with Peter GachuhiNazima Malik has expertise in navigating tax disputes, while Esther Kinyenje is experienced in major trade and industrial relations issues. Cosima Wetende and Peter Njeru are also notable names.

Practice head(s):

Fred Ojiambo

Other key lawyers:

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

Testimonials

‘James Muthui has a direct approach and availability with excellent writing skills, fair knowledge of the law.’

‘The team’s in-depth knowledge and turnaround time is impressive.’

‘They care about our business and our people. This makes all the difference.’

‘I work a lot with Esther, Peter and Cosima and they have been of great support in addressing various concerns and attending to legal briefs.’

‘Nazima Malik is extremely knowledgeable about Kenya’s functioning of courts, existing cases and practices.’

Key clients

Unilever Kenya Limited

Tata Chemicals Magadi Limited

British American Tobacco Kenya Limited (BATK)

AON Minet Kenya Limited

Coca-Cola Central East and West Africa Limited

East Africa Breweries Limited

Safaricom Limited

PricewaterhouseCoopers

TNT Express Worldwide Kenya Ltd

CMA CGM Kenya Limited

Samsung

Oracle Corporation

Work highlights

  • Advised and defended Total Kenya Limited in a dispute concerning throughput of fuel that was referred to arbitration under the Petroleum Rules.
  • Defended the Trustees of the Kenya Ports Authority Pension Scheme against claims that were filed before the Chief Executive Officer of the Retirement Benefits Authority.
  • Advised and defended Kuehne+Nagel, a leading worldwide logistics company, on a dispute regarding a VAT application with the KRA.

Oraro & Company Advocates

Oraro & Company Advocates has an exceptional record in dispute resolution, representing both local and international clients in big-ticket matters. The team is involved in a wide variety of complex disputes, including banking, constitutional law, insolvency and restructuring cases. In addition to representing clients in litigation, the department’s experience also extends to alternative dispute resolution methods, such as arbitration, mediation and settlement negotiations. George Oraro SC and Chacha Odera lead the team with a wealth of experience in navigating landmark disputes. Noella  Lubano specialises in banking & commercial litigation, fraud and labour disputes.

Practice head(s):

George Oraro SC; Chacha Odera

Other key lawyers:

Noella Lubano

Testimonials

‘Experienced legal experts of many years and in different legal fields of practice with quick responses to legal needs of clients. They are willing to bend backwards for clients. They have a wide network of experienced legal firms to represent clients where the firm has no offices.’

‘One of the leading legal firms in Kenya.’

‘Are willing to negotiate fees after commencement of work for clients.’

‘I work with the senior partners of the firm who are some of the finest legal minds in Kenya. The firm has experienced and highly techno-savvy young lawyers too. Senior experienced legal minds include SC Oraro, Chacha and Muchiri, who are assisted by equally competent associates including Sandra and Obuya, among others.’

Key clients

National Bank of Kenya

United Millers Limited

Kenya Power & Lighting Company Limited

Toyota Kenya Limited

Kenya Deposit Insurance Corporation

The Honourable Attorney General of the Republic of Kenya

Kenya Ports Authority

Imperial Bank Limited (IR)

Kapiti Plains Estate Limited

Ecobank Kenya Limited

Ecobank Nigeria Limited

Jubilee Insurance Company of Kenya Limited

Kenya Medical Association Housing Co-operative Society Limited

Dufry Kenya Limited

Dufry International AG

Standard Chartered Bank Kenya Limited

Diamond Trust Bank Kenya Limited

Carbacid Investments PLC

Work highlights

  • Represented Carbacid Investments PLC and Aksaya Investments LLP in a takeover transaction which has been suspended and referred to the Capital Markets Tribunal as well as the Commercial Division of the High Court.
  • Acted for Toyota Kenya Limited in a class-action product liability claim and the matter is with respect to Toyota’s HINO FC 300 and HINO FC 500 motor vehicles.
  • Represented Bank of Africa Kenya Limited and Kenya Commercial Bank in separate similar suits by Collogne Investments Limited seeking injunctions as a third-party charger to restrain Bank of Africa and KCB Bank Kenya Limited from exercising its statutory power of sale over the head-office of an insolvent supermarket.

Anjarwalla & Khanna

Anjarwalla & Khanna has an excellent dispute resolution offering, focusing on complex high-value disputes which often have cross border elements. The firm excels in white-collar criminal defence, employment, IP and commercial litigation. It is also increasingly active in shareholder disputes. Elsewhere, it is increasingly sought after for advice on forensics and anti-bribery, with a specialised practice area in corruption. Aisha Abdallah heads up the practice with a focus on fraud, anti-corruption and money laundering matters. Luisa Cetina has expertise in white-collar crime cases. Faith Macharia is another highly rated individual at the firm. Willie Oelofse leads the forensics, risk and compliance department.

Practice head(s):

Aisha Abdallah

Other key lawyers:

Luisa Cetina; Faith Macharia; Willie Oelofse

Testimonials

‘The A&K litigation team is responsive and market-aware.’

‘Faith Macharia is well experienced in litigation, both at the Tax Appeals Tribunal and at the High Court.’

‘Business savvy, legal knowledge and efficient.’

‘It has a diverse team of individuals with excellent experience of all types of dispute resolution – litigation, arbitration and mediation. In recent years, they have also increased their arbitration capability as well as their investigations capacity and offer in house investigations capability.’

‘Luisa Cetina, Zillah and Abbas are all stand outs.’

‘The individuals I work with are clear in their mind of what they are pursuing, they seem to have done their research properly and know the procedures. Their documents are well prepared and flow which makes it easy for the Courts to follow. In particular Faith Macharia and Wangui are just good to work with.’

‘Excellent disputes practice.’

‘Aisha Abdallah is a real class act. A pleasure to work with.’

Key clients

Gamcode Limited trading as Betin (Betin)

Balton CP Limited

Africa Oil Corporation

Chui Bing Sun

The Kenya Association of Manufacturers (KAM)

Kioo Limited

Farouk Ravate

BIC East Africa No

Safepak Limited

Work highlights

  • Successfully acted for Betin against the Kenya Revenue Authority (KRA) in connection with a complex, high value and sensitive landmark case in Kenya in multi-forums including the Tax Appeals Tribunal (TAT), the Senate (the upper house of the Parliament of Kenya) and Directorate of Criminal Investigations.
  • Acting for Africa Oil Corporation Africa, Oil Turkana and Africa Oil BV, in connection with contentious high profile judicial review proceedings commenced in 2010 by Interstate Petroleum Company (IPL) against the Ministry for Energy, and other parties challenging the grant of Petroleum Sharing Contracts (PSC) to Africa Oil over several oil blocks in Northern Kenya at the High Court and Court of Appeal (CA).
  • Acting for Balton CP, a UK-based multinational in the technology and agricultural industry, with operations in several African countries, in connection with various civil suits before the Labour & Employment Court and the High Court in relation to several claims.

Bowmans

Bowmans has an established dispute resolution department, which is notable for its experience in international arbitration, insolvency, IP, governance, compliance and investigations. Much of the disputes work at the firm involves cross-border matters. Terry Mwango heads up the litigation and disputes practice, with experience in tax and insolvency. Evans Monari has expertise in constitutional and arbitration cases. Cecil Kuyo is another key lawyer.

Practice head(s):

Terry Mwango

Other key lawyers:

Evans Monari; Cecil Kuyo

Testimonials

‘The competence, the diversity of the teams’ expertise and the cross border/international affiliation makes Bowmans Kenya a one stop shop for legal services. As an in-house counsel caught up in the day to day operations of the business, it is good to know the team fighting your cases has got it all.’

‘Evans Monari, Senior Associate George Ndungu and Partner Cornelius Kigera, in particular, have been exceptional. As a team or one-on-one, they present commitment, diligence and skill that any client requires from their counsel, no matter the nature of the case.’

‘Bowmans is a complete one-stop-shop for all the services under one house. Their responsiveness and commercial understanding of our business sets them apart. They are quick to offer us the most viable solutions that are best for our business that is world-class.’

Key clients

Noble Resources PTE

Nokia Corporation

Textbook Centre Limited

Timothy Xerxes

Plastipak Italia Performe SRL

Baltic Textiles Trading

SBM Bank Kenya Limited

Asharami Synergy Limited

Strabag International GMBH Limited

Avic International Real Estate (EA) Limited

Tatu City Limited

BOC Holdings Limited

Old Mutual Life Assurance Company Limited

Grupo Tec Services Avanzados S.A.

East Africa Data Centre Limited

Valvoline International Inc. and Valvoline Holdings BV

Work highlights

  • Acted for Old Mutual Life Assurance Company Limited in Petition No.E011 by seeking the court’s approval for a scheme of arrangement necessary to effect a restructure within Old Mutual Holdings Limited and more specifically, the merger of OMLAC and UAL Life Assurance Limited.
  • Acted for Nokia Corporation in various litigation matters relating to several disputes with Technoservice Limited including a suit alleging damages for breach of a contract by conduct filed by Technoservice.

Iseme, Kamau & Maema Advocates

Iseme, Kamau & Maema Advocates has a strong position in the dispute resolution arena in Kenya, with its team regularly featuring in high-profile and landmark cases. Its work included handling an appeal challenging the constitutionality of the Constitution Amendment Bill 2020. Arbitration, banking, insurance and insolvency are among the firm’s areas of expertise. Karori Kamau heads up the department. Martin Munyu is a key lawyer in constitutional and procurement cases.

Practice head(s):

Kamau Karori

Other key lawyers:

Martin Munyu; Milly Jalega; Hiram Nyaburi

Testimonials

‘They are versatile, very efficient and always willing to assist. They try to keep engaging the client.’

‘Martin Munyu and his team are always approachable and available to assist in a matter regardless of whether it is paid or not. I also find him very efficient. His depth of knowledge of the law is remarkable. Whatever he advises is always well researched and can be banked on!’

‘The team is experienced, skilled and conscientious of turnaround times.’

‘Kamau Karori has the unique ability to condense, simplify and express difficult legal arguments. He is easy to understand and a real joy to work with. Milly Jalega appears to be second-in-command to Kamau Karori and very much takes in his manner of confident expression. She is also well-spoken and brings equal gravitas to the table.’

‘The individuals go over and beyond.’

Key clients

Stanbic Bank Kenya Limited

Absa Bank Kenya PLC (Formerly Barclays Bank of Kenya Limited)

Cooperative Bank of Kenya Limited

East Africa Breweries Limited

Equity Bank Limited

Pevans East Africa Limited

Mastermind Tobacco Kenya

The Estate of Njenga Karume

Telkom Kenya Limited

Coca Cola East, Central and West Africa

Association of Insurance Brokers

Kenya Bureau of Standards

Central Bank of Kenya

Government of Kenya-Office of the Attorney General

Kenya Airports Authority

Nuflower Foods and Nutrition PVT (India)

Kenya Commercial Bank

NCBA Bank Kenya PLC

Work highlights

  • Representing Stanbic Bank of Kenya in an Appeal filed by the Kenya Revenue Authority (KRA) challenging the decision by the Tax Appeal Tribunal setting aside a tax assessment in the tune of USD 5,969,864.00 allegedly being the excise duty payable on commission and fees on inter alia, ATM transactions, loan administration, exported services and suspense account reconciliations, and derived commission fees for money transfers and visa fees.
  • Representing Kenya Bureau of Standards in defending judicial review proceedings before the High Court challenging the decision by the Public Procurement and Administrative Review Board seeking to annul a multibillion tender procurement process, aimed to expand the number of Service Providers in Pre-Export Verification sector.
  • Representing a consortium of leading banks in the industry, including KCB Bank Kenya Limited, NCBA Bank Kenya PLC, and Cooperative Bank of Kenya Limited (hereinafter “the Banks”) in an Insolvency Petition instituted by a Creditor, Synergy Industrial Credit seeking to liquidate Multiple Hauliers (EA) Limited. The Banks are secured creditors and account for about 87% of Multiple Hauliers (EA) Limited total debt.

TripleOKlaw Advocates

TripleOKlaw Advocates' varied workload spans commercial litigation, constitutional law cases, corporate fraud matters and employment law mandates. In addition to representing clients in litigation, the department has a strong capability in alternative dispute resolution, including arbitration. Managing partner John M. Ohaga has significant litigation experience. He works with senior partner James Ochieng’ Oduol, who has been involved in several landmark cases.

Practice head(s):

John M. Ohaga

Other key lawyers:

James Ochieng’ Oduol; Marysheila Onyango-Oduor

Testimonials

Creative and able to provide solutions that are practical and out of the box; good research and writing skills. Great interpersonal skills and very patient with clients. Great speakers and comfortable in the courtroom.’

Key clients

Kenya Pipeline Company Limited

Kenya Airways PLC

Ola Energy Kenya Limited

Mount Kenya Bottlers Ltd

Rift Valley Bottlers Ltd

Nairobi Bottlers Ltd

Kisii Bottlers Ltd

Kenya Bankers Association

Central Bank of Kenya

Mike Maina Kamau

Leisure Lodges Limited

Lennah Wanjiku Koinange

Kenya National Highway Authority

Walker Kontos Advocates

Walker Kontos Advocates handles a broad cross-section of contentious work, which ranges from property rates tax disputes and constitutional petitions to mining and banking cases. The firm is highly rated for its capability in intellectual property and debt recovery matters. Gregory Karungo, who specialises in commercial litigation, leads the firm with Paul Ogunde.

Practice head(s):

Gregory Karungo; Paul Ogunde

Key clients

International Finance Corporation

Overseas Private Investment Corporation

Mission for Essential Drugs and Supplies (MEDS)

International Centre of Insect Physiology and Ecology (ICIPE)

Tata Chemicals Magadi Limited

Consolidated Bank of Kenya Limited

SBM Bank (Mauritius) Limited

Coöperatieve Rabobank U.A.

Société de Promotion et de Participation Coopération Economique (PROPARCO)

Standard Bank Group

Bank of Africa Group

Absa Bank Kenya Plc

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

I&M Bank Limited

Citibank N.A.

The Trade and Development Bank

Standard Chartered Bank Limited

KCB Bank Kenya Limited

Jamii Bora Bank Limited

European Investment Bank

Deutsche Investitions- und Entwicklungsgesellschaft (DEG)

GuarantCo

Norsad Finance Limited

CDC Group Plc

SANAD Fund for MSME

NCBA Bank Kenya Plc

Prime Bank Limited

Kenya Mortgage Refinance Company (KMRC)

World Bank Group

Saracota Enterprises Limited

Hajar Services Limited

Nedbank NA

SICAV-SIF

FirstRand Bank Limited

AKA European Export and Trade Bank

Global Partnerships Social Investment 5.0

responsibilityAccess to Clean Power Fund S.A.

Micro, Small and Medium Enterprises Bonds S.A.

Cordiant Emerging Loan Fund IV

Allianz EM Loans S.C.S.

Belgische Investeriingsmaatschaappij voor Ontwikkelingslanden – Societe Belge D’Investissement pour les Pays en Developpment

Panari Group

Global Climate Partnership Fund S.A.

Work highlights

  • Advised SBM Bank (Kenya) Limited on liability for an alleged deposit of $7.5m together with interest incurred by an insolvent bank that was placed under receivership and later on acquired by the client.

G&A Advocates LLP

G&A Advocates LLP‘s dispute resolution practice demonstrates strong capabilities in complex litigation and arbitration matters. The firm acts for clients in cases heard in the High Court, Court of Appeal and Supreme Court of Kenya. The team is experienced in construction and projects disputes, as well as contentious administrative law, public procurement and constitutional rights matters. Ken Melly and Moses Kipkogei are recommended.

Practice head(s):

Ken Melly; Moses Kipkogei

Key clients

Kenya Electricity Generating Company PLC (KenGen)

Kenya Pipeline Company

Judicial Service Commission

Konza Technopolis Development Authority

Stanbic Bank Kenya Limited

Consolidated Bank of Kenya Ltd

Independent Electoral and Boundaries Commission

National Irrigation Authority

Enablis Entrepreneurial Network Canada

Kenya Tea Development Agency Holdings Limited

MMAN Advocates

The litigation team at MMAN Advocates focuses on commercial and corporate disputes, employment law matters, regulatory compliance, insolvency and restructuring cases. The firm also has strong capabilities in tax and shareholder disputes. Jomo Nyaribo leads the team and has extensive experience of commercial litigation and arbitration.

Practice head(s):

Jomo Nyaribo

Testimonials

‘The skills mix the firm has is an asset to any company.’

‘They are knowledgeable and flexible on billing and easy to collaborate with.’

‘The team at MMAN is incredible to work with. They are transparent, hardworking and have great communication skills.’

‘During our matter, we worked with Mr. Jomo Nyaribo and he showed us a high level of commitment towards finding a resolution for our dispute by providing updates on the matter and possible next steps that we could take to resolve the dispute.’

Key clients

Encomm Limited

Prism Investments Limited

Sage South Africa (Pty) Limited

Webintpro Limited

Stamina Group BV

Cooperative Bank of Kenya Limited

Pendragon PLC

Britam Holdings PLC

Rubis Energie Kenya Limited

AIG Insurance Kenya Limited

Absa Bank Kenya PLC

Bank of Africa Kenya Limited

BIC East Africa Limited

ICICI Bank India Limited

Jubilee Insurance Company Limited

AxA XL

Safaricom PLC

Safaricom Staff Retirement Pension Scheme

Ascot Underwriting Limited

International Air Transport Association (IATA)

Work highlights

  • Defended Sage South Africa (Pty) Limited in a claim for breach of contract arising out of a software agreement and upon our application, the proceedings were stayed pending exhaustion of ADR mechanisms which led to a successful mediation and a settlement agreement executed by the parties.
  • Acted for AIG in a claim against a regulator, Unclaimed Financial Assets Authority, seeking to overturn a demand issued for remittance of unclaimed assets, penalties and interest as against AIG.
  • Represented Britam Holdings PLC in a claim against a regulator, Unclaimed Financial Assets Authority, seeking to overturn a demand issued for remittance of unclaimed assets, penalties and interest as against Britam and its subsidiaries.

MMC ASAFO

MMC ASAFO has a proven reputation in dispute resolution, with clients turning to the firm for advice on litigation and alternative methods of resolving matters. From a commercial standpoint, the firm represents banks and other financial institutions while also acting for individuals and partnerships to defend or enforce contractual obligations. The team also has experience of contentious employment matters, with high-profile clients including Safaricom Plc and KCB Group Plc. Peter Murage and Daniel Musyoka are experienced dispute resolution practitioners.

Practice head(s):

Peter Murage; Daniel Musyoka; Ferdinand Billy Kongere

Testimonials

‘The law firm has a large team of excellent advocates with a diverse skill set. Their affiliation with international law firms gives them a unique pan-African diversity to ensure they render professional and excellent services.’

Key clients

Uaso Nyarobe Waterfront Limited

DIB Bank

Sycamore Pine Limited

Kenya Ports Authority

Kiambu County Executive Committee

Safaricom PLC

Housing Finance Company of Kenya Limited

Blueline Properties Limited

Industrial and Commercial Development Corporation

Naomi Muchai

A. A. Bayusuf

Work highlights

  • Assisted UASO NYAROBE WATERFRONT LIMITED with a constitutional petition filed on behalf of the Petitioner against the Cabinet Secretary; Ministry of Environment and Forestry, Ministry of Forestry and the Kenya Forest Service, which offices illegally and forcefully took possession of the Petitioner’s private property and declared it as a public property on the basis that it is a protected forest, strategic water tower, wetland, a riparian reserve while also alleging that the government could acquire land from private citizens through adverse possession.
  • Representing DIB Bank in a domestic arbitration where the Claimant seeks damages for breach of contract for over USD6M in respect of a Software Development Agreement which the Bank terminated on the ground of frustration on account of the enactment of the Data Protection Act.
  • Defending Sycamore Pine Limited against a petition seeking orders, amongst them, a declaration that the respondents, including the client, have breached their rights under the Constitution of Kenya, 2010 to property and a clean and healthy environment, by allowing and/or carrying out unlawful construction of low cost apartments without development approvals or Environmental Impact Assessment (EIA) on property within Migaa Integrated Gold Estate. They allege that the impugned project will have detrimental effects upon the environment and also lead to devaluation of their properties.

Munyao Muthama & Kashindi

Munyao Muthama & Kashindi has strong dispute resolution capabilities, specialising in matters concerning banking, regulatory, tax, insolvency and the public sector. The firm has been instructed by a number of notable clients including KCB, National Bank and the Civil Aviation Authority. George Kashindi is a senior litigator, who has developed a niche for insolvency and restructuring matters. Irene Kashindi is also an experienced litigator.

Practice head(s):

George Kashindi; Paul Munyao

Other key lawyers:

Irene Kashindi

Testimonials

‘This firm is very responsive and ready to assist in urgent matters. Unlike other law firms, it readily assisted in an urgent matter without even having been paid a deposit. It goes over and above to research, engage its networks while providing assistance and advisory in unique disputes.’

‘We have been engaging the firm’s services on employment disputes. I really appreciate the approach adopted by Irene Kashindi and her team – they are efficient, have very keen attention to detail and are very proactive.’

‘The firm is very responsive to clients and give out-of-the-box solutions that are tailor-made to the client’s individual needs.’

‘Mr. Kashindi is very reachable and available at any time to assist on urgent matters, even without a scheduled meeting which has assisted us with dealing with urgent disputes.’

‘Paul Munyao – outstanding decisions and strategy. George Kashindi – effective and excellent trainer/resource. Irene Kashindi – Brilliant mind and advocate in human resources cases.’

‘George Kashindi – outstanding follow-up on matters and spot-on legal advice.’

Key clients

Swedish School

Kenya Deposit Insurance Corporation

Vitrociset SpA Italy

Agriculture and Food Authority

Energy and Petroleum Regulatory Authority

KCB Bank Kenya Limited

Kenya Ports Authority

Kenya Power & Lighting PLC

National Hospital Insurance Fund

Safaricom

Work highlights

  • Acted for Kenya Ports Authority in high value procurement of technical and complex port equipment.
  • Successfully acted for a leading export trading commodities company in the Court of Appeal in challenging a tax demand of over K.Shs. 300 million.
  • Acted for National Hospital Insurance Fund in a litigation challenging implementation of new biometric identification and e-claim processes.