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 > Dispute resolution

Boasting an impressive client portfolio drawn from key industry sectors including commodities, construction, energy, insurance, financial services, and international trade, Kaplan & Stratton Advocates enjoys a secure position in the dispute resolution, mediation and arbitration space. The practice is routinely engaged in commercial disputes, class actions, and shareholder and company disputes. Fred Ojiambo, who often appears in high-profile criminal and civil suits, leads, and the team is reinforced by competition law specialist Peter Gachuhi, tax expert Nazima Malik, trade and industrial relations disputes expert Esther Kinyenje, and employment law authority Cosima Wetende. James Muthui and Peter Njeru support on intellectual property and procurement projects, respectively.

Kenya > Employment

(Leading individuals)

Esther KinyenjeKaplan & Stratton Advocates

International corporations, large public companies, SMEs, and not-for-profit entities seek out Kaplan & Stratton Advocates for their expert advice on contentious and non-contentious employment matters. The team offers a full service across disputes, investigations, compliance, structuring, recruitment, immigration, and employee transfers. Practice head Sam Wainaina is without peer in the realm of pensions, and Peter Gachuhi flaunts extensive experience in litigation, arbitration, and mediation. Esther Kinyenje enjoys a stellar reputation in major trade and industrial relations disputes, while Cosima Wetende is another skilled litigator and labour law advisor.