Firm Profile > Kaplan & Stratton Advocates > Nairobi, Kenya

Kaplan & Stratton Advocates
9TH FLOOR, WILLIAMSON HOUSE
4TH NGONG AVENUE
PO BOX 40111-00100 NAIROBI
Kenya

Kenya > Dispute resolution Tier 1

Kaplan & Stratton Advocates has one of the largest dispute resolution teams in the market, leading the profession in litigation and arbitration. The firm has an outstanding record in constitutional and judicial review cases, shareholder litigation and other commercial disputes. It has gained further recognition for its engagements in insolvency and receivership cases, tax disputes and international arbitrations. Fred Ojiambo is a doyen of the litigation and arbitration scene, while Peter Gachuhi is another senior name in the market. Nazima Malik is a leader in tax disputes, including transfer pricing cases. Esther Kinyenje and Cosima Wetende are prominent names in employment disputes. Peter Njeru is another name to note.

Practice head(s):

Fred Ojiambo

Other key lawyers:

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

Testimonials

‘Top notch bunch. You can count on them and they are easily dependable. ’

‘I found them to be very professional, responsive, strategic in their thinking and solution oriented. They also have the necessary expertise and experience required to support our business.’

‘Fred Ojiambo and Peter Gachuhi are brilliant litigators. They have out of the box solutions for any legal conundrum.

‘James Muthui is an excellent professional, with splendid negotiation skills, albeit quick and sharp if required to instigate proceedings. Great drafting skills also.’

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

Key clients

Unilever Kenya

Tata Chemicals Magadi

British American Tobacco Kenya

AON Minet Kenya

Coca-Cola Central East and West Africa

East Africa Breweries

Safaricom

Pricewaterhousecoopers

Dyncorp International

CMA CGM Kenya

Samsung

Oracle Corporation

Care International

Kenya > Employment Tier 1

Kaplan & Stratton Advocates fields one of the largest and most established teams in the market, with extensive expertise in contentious and non-contentious employment matters, along with a fully-developed pensions and employee benefits practice (including ESOPs). The team represents a range of well-known Kenyan corporates, public sector bodies, and local and regional arms of multinationals. It has achieved a series of headline court victories on behalf of clients, including successfully arguing that the Employment and Labour Relations Court has no jurisdiction to determine pension disputes. The immensely experienced Sam Wainaina is a leader in pensions work, while Esther Kinyenje is a key name for industrial relations disputes, including those linked to collective bargaining agreements. Cosima Wetende is another leading employment litigator.

Practice head(s):

Sam Wainaina

Other key lawyers:

Esther Kinyenje; Cosima Wetende

Testimonials

‘From my experience in dealing with the firm, I found them to be very professional, responsive, strategic in their thinking and solution oriented. They also have the necessary expertise and experience required to support our business.’

‘Esther Kinyenje has over the years assisted us on industrial relation matters, commercial litigation, real estate and general commercial advice. She very knowledgeable and experienced in employment and labour relations matters and in litigation.’

Over the past 12 months, Esther Kinyenje has been instrumental in helping us in advising, drafting and registering collective bargaining agreements.’

Key clients

Coca-Cola Central, East and West Africa

Prudential Life Assurance Kenya

Kenya Tea Growers Association

Kenol Kobil

Unilever Kenya Ltd and Unilever Tea

AMREF Health Africa

Samsung Kenya

British American Tobacco (BAT)

Tata Chemicals Magadi

Orpower 4

Nestlé Kenya

Eastern Produce Kenya

Path International (Kenya)

Kenya Ports Authority

Care International

Kenya > Real estate and construction Tier 1

Kaplan & Stratton Advocates's real estate practice is widely noted for property acquisitions, developments and property finance. The firm has continued to work on a number of major acquisitions and disposals. It is also at the forefront of land aspects of energy projects. Rachel Mbai is a leading figure in the market, while Nyakio Manga is another key name.

Practice head(s):

Rachel Mbai

Other key lawyers:

Nyakio Manga

Key clients

American Tower Corporation

E3 School Support

AFDB, Menengai Geothermal Project

Kenya > Banking, finance and capital markets Tier 2

Kaplan & Stratton Advocates remains prominent in syndicated lending, aviation finance, project finance and bond issuances. The firm has strong links to DFIs and commercial lenders. A significant component of the practice is currently the financing of renewable energy projects. Debt restructurings and refinancings are another major element. Ruth Kirunga has a rapidly emerging reputation and experienced figure Oliver Fowler is a consultant to the firm.

Practice head(s):

Ruth Kirunga

Other key lawyers:

Oliver Fowler

Key clients

IFC

Stanbic Bank Kenya

Export Import Bank of China

African Export-Import Bank

Agence Française de Développement

Nordic Aviation Capital

GECAS

Nedbank

Standard Chartered Bank

European Investment Bank

Kenya > Commercial, corporate and M&A Tier 2

Kaplan & Stratton Advocates's longstanding fine reputation and strong team has landed a string of significant cross-border engagements. This has included a series of engagements as local counsel on international transactions. The firm has impressed in the private equity field, notably for AP Moller Capital, particularly in energy sector investments. The firm continues to be active in telecoms, agribusiness and infrastructure (roads and ports), along with other key sectors. Joseph Ng'ang'ira and Sarah Kiarie-Muia are key partners in the team, while Kenneth Kamaitha is a leading name in energy sector deals.

Practice head(s):

Peter Hime; Sam Wainaina

Other key lawyers:

Joseph Ng’ang’ira; Sarah Kiarie-Muia; Kenneth Kamaitha 

Key clients

AP Moller Capital

IFC

American Tower Corporation

RUBiS Energy Kenya

HID Global Corporation

Brinks Company

Ormat International

Engie Afrique

Safaricom

Kenya > Privatisation and projects Tier 2

Kaplan & Stratton Advocates has a long history in project development and project finance. It remains especially active in geothermal and solar power, road infrastructure and mining projects. The team is well acquainted with PPP project structures and represents a range of lenders, sponsors and developers, including a number of Chinese clients. Sam Wainaina is hugely experienced in power sector project development. Kenneth Kamaitha is also noted for mining and road infrastructure projects.

Practice head(s):

Peter Hime; Sam Wainaina

Other key lawyers:

Kenneth Kamaitha

Testimonials

‘Working on the largest projects in Kenya, including the first of a kind $1.5bn Nairobi-Nakuru-Mau Summit PPP project alongside Freshfields Bruckhaus Deringer.’

‘Timeliness and commerciality is top notch.’

Key clients

European Investment Bank (EIB)

Nederlandse Financierings-Maatschappij Voor Ontwikkelingslanden (FMO)

Deutsche Investitions- und Entwicklungsgesellschaft (DEG)

Agence Française de Développement (AFD)

International Finance Corporation (IFC)

The Export-Import Bank of China

PowerChina Group

Sinohydro Corporation

Vinci

Meridiam SAS

Stanbic Bank

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

Alten Energías Renovables

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. LEXAfrica 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 “commit[ment] to client satisfaction and timely service delivery,” and “understand[ing] the commercial needs of businesses… to give solutions that meet the business needs.”

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
Banking / Insurance / Telecoms Sarah Kiarie-Muia SKiarie@kapstrat.com
Banking / Insurance / Telecoms Joseph Ng’ang’ira JNgangira@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 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 Fred Ojiambo FOjiambo@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
Photo Name Position Profile
 Caroline Etyang  photo Caroline Etyang Partner
 Oliver Fowler  photo Oliver Fowler Partner
 Peter Gachuhi  photo Peter Gachuhi Partner
 Peter Hime  photo Peter Hime Partner
 Patrick Ikimire  photo Patrick Ikimire Partner
 Kenneth Kamaitha  photo Kenneth Kamaitha Partner
 Sarah Kiarie-Muia  photo Sarah Kiarie-Muia Partner
 Esther Kinyenje  photo Esther Kinyenje Partner
 Ruth Kirunga  photo Ruth Kirunga Partner
 Nazima Malik photo Nazima Malik Partner
 Nyakio Manga  photo Nyakio Manga Partner
 Rachel Mbai  photo Rachel Mbai Partner
 James Muthui  photo James Muthui Partner
 Joseph Ng'ang'ira photo Joseph Ng'ang'ira Partner
 Peter Njeru  photo Peter Njeru Partner
 Fred Ojiambo  photo Fred Ojiambo Senior Partner
 Sam Wainaina  photo Sam Wainaina Partner
 Cosima Wetende  photo Cosima Wetende Partner
Number of lawyers : 51
English
Swahili
Lex Africa

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.