Esther Kinyenje > Kaplan & Stratton Advocates > Nairobi, Kenya > Lawyer Profile

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

Work Department

Litigation and Dispute Resolution

Position

Partner

Career

Esther was admitted as an advocate of the High Court of Kenya in 1998 and is a registered arbitrator with the Chartered Institute of Arbitrators. She has been a partner at Kaplan & Stratton since 2003 specialising in dispute resolution. She has represented cases at all levels of court and also acts as arbitrator in various commercial arbitrations.

Esther handles various matters touching on corporate commercial law including intellectual property, construction, administrative and public law, private and public international law claims, product liability, insolvencies and receiverships, and security realisation. She is also an expert in employment law.

Some of the notable matters she has handled include: successfully defended an international financier (OPIC) in a protracted security realization claim in which Jopa Villas defaulted in its loan repayments and filed a claim seeking to halt the realization of the security against OPIC and its receivers which resulted in the payment of USD 5,814,341 to OPIC; successfully represented Dyncorp International in an appeal to the High Court against an international arbitral award of USD1,542,164; successfully represented Eastern Produce Kenya Limited in a class action suit in which more than 100 unionisable employees of the company, who participated in a massive illegal strike, had sued the company seeking compensatory damages for wrongful termination; successfully defended a Government parastatal  in a complex arbitration claim for approximately USD 4,600,000 in respect of a claim by contractors for the construction of a housing estate; representing Unilever PLC & Unilever Kenya in a trademark infringement case in relation to its well known mark “LUX”; and jointly represented the Kenya Tea Growers Association in the Court of Appeal in respect of an appeal against a decision by the Employment Court awarding a 30% wage increase. The Court of Appeal delivered a landmark decision reducing the wage increase to 16% and awarded a productivity increase for tea pluckers to 1170 kilograms per month. The Court of Appeal award for productivity is a game changer in the tea industry which has been battling high labour costs impacting on the viability of tea production in the country.

Languages

English
Kiswahili

Memberships

  • Law Society of Kenya
  • International Bar Association
  • Fellow – The Chartered Institute of Arbitrators (Kenya Branch)
  • Institute of Certified Public Secretaries of Kenya.

Education

  • Kenya School of Law – Bar Qualifying Examinations
  • University of Nairobi Bachelor of Laws (LLB) (Upper Second Class Honours)

Lawyer Rankings

Kenya > Employment

(Leading individuals)

Esther KinyenjeKaplan & Stratton Advocates

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.

Kenya > Dispute resolution

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.