Kaplan & Stratton Advocates > Nairobi, Kenya > Firm Profile

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.