Firm Profile > Kaplan & Stratton Advocates > Nairobi, Kenya

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

Dispute resolution Tier 1

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

Employment Tier 1

Kaplan & Stratton Advocates has considerable experience in the employment sphere, notably in the fields of forensic and fraud-related matters. Disciplinary processes and unionised claims are other areas of strength. Cosima Wetende is an outstanding litigator and Sam Wainaina is a recognised leader for pensions and employee incentives work. Esther Kinyenje is rated for trade union-related work and industrial relations disputes.

Practice head(s):

Sam Wainaina

Testimonials

The firm is very professional and a cut above its peers.

Sam Wainaina is the only one in the market doing pensions work and is the go-to lawyer in that area.

Cosima Wetende is reliable and offers clear and practical advice in employment matters.

Cosima Wetende gives frequent updates to her clients and she is pleasant to work with.

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

Key clients

Coca-Cola Central, East and West Africa

Prudential Life Assurance Kenya

Kenya Tea Growers Association

Kenol Kobil

Unilever Kenya

AMREF Health Africa

Samsung Kenya

British American Tobacco

Real estate and construction Tier 1

Kaplan & Stratton Advocates' sizeable team has a strong track record handling real estate developments, investments and disputes. Rachel Mbai is the lead partner. Nigel Shaw is now with NBMA Advocates LLP.

Practice head(s):

Rachel Mbai

Testimonials

Very professional, qualified and experienced team.

The team is knowledgable, has great people skills, doesn’t miss any details, and can get their clients a good deal.

Rachel Mbai is a top calibre attorney who has the intelligence, knowledge, and experience to work in any top law firm in any major city in the world. She has great people skills, is a problem solver, clever at finding solutions to sticking points, and is great with contracts.’

Key clients

American Tower Corporation

E3 School Support

AFDB

Banking, finance and capital markets Tier 2

Kaplan & Stratton Advocates has a strong record in financing and Ruth Kirunga is a key member of the team. Clients include Nordic Aviation Capital, Stanbic Bank Kenya and Nedbank. Senior figure Oliver Fowler retired from the partnership to become a consultant. Binti Shah left the firm to launch NBMA Advocates LLP in Nairobi.

Key clients

IFC

Stanbic Bank Kenya

Export Import Bank of China

African Export-Import Bank

Agence Française de Développement

Nordic Aviation Capital

GECAS

Overseas Private Investment Corporation (OPIC)

Nedbank

JP Morgan

Privatisation and projects Tier 2

Kaplan & Stratton Advocates has a strong track record in renewable energy and road infrastructure projects. The firm acts for sponsors, lenders and investors, including foreign clients, on road infrastructure and renewable energy project developments, project financings and acquisitions. Kenneth Kamaitha and Sam Wainaina are hugely experienced. Nigel Shaw left to launch NBMA Advocates LLP.

Practice head(s):

Kenneth Kamaitha

Testimonials

The firm is an ever present on the largest project financings in the Kenyan market, with very responsive and highly polished partners.

Kenneth Kamaitha is very responsive and attuned to clients’ needs. His advice is always thorough and well written.’

Sam Wainaina is very experienced and user-friendly.

Commercial, corporate and M&A Tier 3

Kaplan & Stratton Advocates has increased its focus recently on competition law and also remains active in the telecoms, manufacturing, food and beverages, and consumer industries. Joseph Ng’ang’ira is a key member of the team. Oliver Fowler is now a consultant. Mahesh Acharya and Amar Grewal-Thethy left to establish NBMA Advocates LLP.

Practice head(s):

Joseph Ng’ang’ira

Key clients

IFC

DEG

CDC

AfDB

L’Oreal

Serena Hotels

Safaricom

The firm: Kaplan & Stratton is a premier law firm providing a comprehensive range of legal services and solutions for domestic and international clients. The firm has a reputation as one of the leading law firms in the East African region. International and cross-border work forms an important part of its business.

The firm was established in 1938. The firm comprises 22 partners, all of whom are Kenyan citizens. 15 partners form the Commercial Department and seven partners practice in its dispute resolution department, supported by a team of over 40 associates. A number of interns and para-legal staff make up its full complement. This makes it the largest legal practice in East Africa.

Its clients are private and public companies from Kenya and abroad, local and international banks, development finance agencies and non-government organisations in all sectors of the economy.

Kaplan & Stratton is a founder member of Lex-Africa, a leading network of independent law firms spanning 21 African countries.

Areas of practice: The firm advises on business law, corporate finance and capital markets, project finance, financial services, banking, power, telecommunications law, infrastructure, transport, manufacturing, tourism, agriculture and horticulture. It represents clients in litigation and provide dispute resolution advice in all of these areas.

Department Name Email Telephone
Aircraft leasing and financing Peter Hime
Aircraft leasing and financing Binti Shah
Arbitration and mediation Peter Gachuhi
Arbitration and mediation Esther Kinyenje
Banking/insurance/telecoms Oliver Fowler
Banking/insurance/telecoms Amar Grewal-Thethy
Business establishment Amar Grewal-Thethy
Business establishment Kenneth Kamaitha
Capital markets Mahesh Acharya
Capital markets Amar Grewal-Thethy
Employment/retirement benefits Sam Wainaina
Employment/retirement benefits Esther Kinyenje
Environment and conservation Nigel Shaw
Environment and conservation James Muthui
Forensics and due diligence Binti Shah
Forensics and due diligence Cosima Wetende
Immigration and private client Nigel Shaw
Immigration and private client Peter Gachuhi
Intellectual property Peter Hime
Intellectual property Patrick Ikimire
Joint ventures and M&A Mahesh Acharya
Joint ventures and M&A Amar Grewal-Thethy
Litigation Fred Ojiambo
Litigation Cosima Wetende
Power and energy Samuel Wainaina
Power and energy Nigel Shaw
Private equity Mahesh Acharya
Private equity Kenneth Kamaitha
Privatisation and project finance Oliver Fowler
Privatisation and project finance Samuel Wainaina
Real estate/property management Nigel Shaw
Real estate/property management Rachel Mbai
Structured finance Oliver Fowler
Structured finance Binti Shah
Tax and stamp duty planning Oliver Fowler
Tax and stamp duty planning Nazima Malik
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
Ms Nazima Malik photo Ms 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 : 65
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.