Kaplan & Stratton Advocates > Nairobi, Kenya > Firm Profile
Kaplan & Stratton Advocates Offices
9TH FLOOR, WILLIAMSON HOUSE
4TH NGONG AVENUE
PO BOX 40111-00100 NAIROBI
Kaplan & Stratton Advocates > The Legal 500 Rankings
Kenya > Dispute resolution Tier 1The 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 Gachuhi. Nazima 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.
Other key lawyers:
‘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.’
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
TNT Express Worldwide Kenya Ltd
CMA CGM Kenya Limited
- 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.
Kenya > Employment Tier 1Kaplan & Stratton Advocates mainly acts for employers, including public companies, SMEs and not-for-profit entities. The team advises regularly on terminations, work permits, pension disputes, ESOPs and incentives. Sam Wainaina heads the practice with vast experience advising on employment and labour issues. Esther Kinyenje has expertise in industrial relations disputes, while Cosima Wetende is a leading employment litigator.
Other key lawyers:
Esther Kinyenje; Cosima Wetende
‘I work a lot with Esther Kinyenje and Cosima Wetende and they have done a stellar job of advising on and mitigating risks arising from employment disputes.’
Coca-Cola Central East and West Africa Ltd
Prudential Life Assurance Kenya Ltd
Kenya Tea Growers Association
Unilever Kenya Ltd
Unilever Tea Ltd
AMREF Health Africa
Samsung Kenya Limited
British American Tobacco (BAT) Limited
Tata Chemicals Magadi Ltd
Orpower 4 Inc.
- Advised and represented British American Tobacco Kenya Plc in claims instituted by two former employees for wrongful dismissal.
- Advised Eastern Produce Kenya Limited following a series of wild cat strikes. The client took collective disciplinary action against its employees for engaging in an unlawful, unprotected strike.
- Advised British American Tobacco in respect of the obligations of an employer for covid-19 testing, isolation and safety protocols under the Employment Act, Ministry of Labour Covid 19 guidelines and The Occupational, Health and Safety Act.
Sam Wainaina; Peter Hime
Other key lawyers:
‘Strong across the piece; give clear advice and are responsive.’
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
Societe De Promotion et de Participation Pour la Cooperation Economique (Proparco)
Alten Energías Renovables
- Advised Rift Valley Consortium on a PPP in Kenya for a project involving the widening, improvement, operation and maintenance of 245 Km of the Nairobi-Nakuru-Mau Summit highway, a major transport corridor for Kenya and the East Africa region.
- Advised Olsuswa Energy Limited in setting up the Olsuswa Geothermal Project, one of the few private initiatives for geothermal power generation in Kenya.
- Advised Sinohydro Corporation Limited on a PPP – rehabilitation, upgrading, operation, and maintenance of the 66.5 Km Illasit-Njukini-Taveta road in Kenya as part of the first phase of Kenya’s 10,000 Km annuity road project.
‘Of current partners, I am with Nyakio Manga, who I have total faith in.’
‘The team are very dedicated to their work and helping clients meet their goals. They respond to client queries and offer advice.’
‘Nyakio Manga has worked with us. She is a skilled negotiator, is very patient and helped us navigate some protracted/prolonged negotiations that finally were concluded. Her dedication and attention to detail, knowledge of issues in our sector helped her articulate and get the other lawyers to understand what our challenges were and why the agreement had to be the way it was.’
Olsuswa Energy Limited
Karen Blixen Coffee Garden Limited
Kenya Registered Trustees
Driftwood Beachclub Limited
- Advised Driftwood Beachclub Limited on regulatory compliance for the discharge of existing securities as well as the preparation of all the transaction documentation.
- Advised a hedge fund manager on the negotiations for the acquisition of real estate with numerous landowners located within the same area and location.
Other key lawyers:
Peter Hime; Sam Wainaina
‘Independent. Longstanding. Excellence in service.’
‘Ruth Kirunga was responsive and knowledgeable, she was experienced in the work she was retained to assist with and helped secure a smooth closing.’
Stanbic Bank Kenya
Export Import Bank of China
African Export-Import Bank
Agence Française de Développement
Nordic Aviation Capital A/S
Standard Chartered Bank
European Investment Bank
- Advised investors in putting in place a back-up servicer in the event of the insolvency of the original servicer in connection with a USD 65 million receivables financing transaction which will enable the provision of loans to people living off-grid in Kenya to buy daylight solar home systems and related solar products.
- Advised Alten Energias Renovables in a USD 66,700,000 and KES. 175,000,000 project for the development of a photovoltaic cell solar power plant in Kesses Sub-county within Uasin Gishu County in Kenya with an installed capacity of 40MW.
- Advised and assisted Nedbank in the preparation, negotiation, execution and perfection of securities over the borrower’s various assets including property where the borrower intends to construct various go-downs and subsequently lease and/or sell the go-downs to third parties.
Joseph Ng’ang’ira; Sarah Kiarie Muia
‘Kaplan & Stratton Advocates has a good team of lawyers covering all aspects of corporate law.’
‘Joseph and Kaplan & Stratton Advocates have become our go-to law firm in Kenya; thanks to Joseph’s focus on client needs, not only providing invaluable legal advice and delivering high-quality outputs but also being available almost 24/7 and at short notice whenever we need help.’
‘K&S provides good quality and timely advice. Whenever I contact them, they are quick to respond to my queries and to answer any follow-up questions that I have.’
‘Joseph Ng’ang’ira is a very intelligent and knowledgeable lawyer. He is able to provide quick solutions to our business issues. He understands our business very well and is able to grasp the issues at hand.’
‘Very pragmatic and solution-oriented.’
International Finance Corporation
British American Tobacco
Coca Cola Kenya
American Tower Corporation
A.P. Moller Capital
Prudential Assurance Group
Lafarge Holcim Group
- Advised Agri-Vie Fund II on all aspects of an acquisition transaction of a controlling interest in Dairyland, including coordinating a cross border legal due diligence across three African countries and preparing the relevant transaction documents including a complex share purchase agreement and shareholders agreement.
- Advised on a proposed transaction involving the acquisition of shares comprising 24.1% of ICEA LION Insurance Holdings Limited by Eastern Africa Holdings Limited.
- Advised IFC regarding its multimillion-dollar investment into the recently established Kenya Mortgage Refinance Company (KMRC).
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.”
|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|
|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|
|Caroline Etyang||Partner||View Profile|
|Oliver Fowler||Partner||View Profile|
|Peter Gachuhi||Partner||View Profile|
|Peter Hime||Partner||View Profile|
|Patrick Ikimire||Partner||View Profile|
|Kenneth Kamaitha||Partner||View Profile|
|Sarah Kiarie-Muia||Partner||View Profile|
|Esther Kinyenje||Partner||View Profile|
|Ruth Kirunga||Partner||View Profile|
|Nazima Malik||Partner||View Profile|
|Nyakio Manga||Partner||View Profile|
|Rachel Mbai||Partner||View Profile|
|James Muthui||Partner||View Profile|
|Joseph Ng'ang'ira||Partner||View Profile|
|Peter Njeru||Partner||View Profile|
|Fred Ojiambo||Senior Partner||View Profile|
|Sam Wainaina||Partner||View Profile|
|Cosima Wetende||Partner||View Profile|
Staff FiguresNumber of lawyers : 36
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 Kenyas issuance of USD 2 billion bond on the London Stock Exchange. This was Kenyas 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 Actiss 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 Ethiopias only telco, Ethiotel for onward use by the public. This was the first ever airtime credit services technology platform being offered to Ethiopias 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.