Areas of Practice
Litigation
The firm has a highly efficient, effective and competent litigation department which is endowed with a wealth of experience in the courtroom. It is headed by Mr. Bernard Mwaura Chege, the partner-in-charge, and Mr. Leonard Obura Aloo both with more than 25 years of combined courtroom experience. They are assisted by an able team of a qualified Associate Advocate and at any given time at least one (1) legal assistants, and an able litigation clerk who assist in research, case preparation and management. This ensures that our clients are afforded adequate legal representation of the highest quality with all probabilities and eventualities being taken into consideration before, during and after the conduct of any suit. Information technology is adequately utilized to ensure that matters are dispensed with the required timeliness.
The firm is adept at all forms of Civil Litigation. The Department has acted for various clients in a wide range of civil matters. The firm handles, with reasonable success, numerous cases in civil litigation acting for both plaintiffs and defendants in matters ranging from but not limited to tort, employment dispute litigation, land & environmental matters, contractual disputes, constitutional references/petitions, insurance litigation and Judicial Review proceedings in the subordinate courts, the High Court and the Court of Appeal. The Department handles specialized criminal defence tailored specifically for our corporate clients. This is in addition to watching brief in any criminal matters that directly affect the interests of our clients.
The firm is well versed in commercial litigation with a considerable amount of our briefs arising from issues related to commercial disputes. The Litigation Department is adept at disputes arising from conveyance matters and has extensive experience in defending and prosecuting its clients’ interests in disputes involving property transactions. The department is active in the field of debt recovery litigation successfully acting for various banks in the recovery of various amounts owed to them in terms of loans from both individuals and corporate clients.
In the field of commercial litigation the advocates in the Department are well versed with the nuances of commercial business. The firm is always conscious that the fundamental objective is the attainment of our client’s strategic business and fiscal goals and all litigation must be conducted in a manner that fulfills these goals in the most cost-effective and timely fashion.
The firm is one of the few in the country that has actively participated in the Retirement Benefits Tribunal of Kenya where it has defended several claims on behalf of various clients. This is a pointer to the innovativeness of this department in ensuring that it is at the forefront in pursuing new frontiers and furthering legal practice.
The firm acts for various corporate and individual clients in labour related matters before theIndustrial Courtand has vast experience in this area not just in the said Tribunal but also in the High Court and the Court of Appeal where our advocates have defended and prosecuted numerous matters on their behalf.
The firm also practices in the Business Premises and Rent Tribunal and deals with all manner of landlord/tenant disputes in this Tribunal and on appeal both in the High Court and the Court of Appeal.
Intellectual Property, Corporate & Commercial Law
The commercial department has key competencies in the areas of Intellectual Property, Corporate and Commercial Law. The firm prides itself in the provision of sound advice to both individual and corporate clients. The firm has on a number of occasions been sought by banks for commercial advice. An example has been the Bank of Baroda (K) Ltd for sound legal advice concerning the treatment of dormant accounts or accounts of recently deceased individuals. The firm has also advised the Elizabeth Glaser Pediatrics Aid Foundation on retention of their financial documentation in light of the Non- Governmental Organisations Co-Ordination Act Cap of 1990
The firm is an advisor to Telposta Pension Scheme registered Trustees on all aspects of pensions and claims relating to the Retirement Benefits Act, 1997 and the Retirement Benefit Regulations, 2000.
The firm has within the course of the year advised the pension Scheme on the options available in re-possessing part of its real property portfolio that was illegally allocated to individuals during the previous regime. It looked at the various land laws and chances of recovery of the properties.
The firm has valuable experience in intellectual property matters. The firm has liaised with KIPI to register trademarks for our corporate clients, the following are among the clients that have had their Intellectual property interests registered by the firm:
- The Bank of Baroda (K) Ltd
- Primedia (K) Ltd,
- The Insurance Regulatory Authority logo
- The Kenya National Library Services logo
- The County Government of Kajiado logo
The firm has experience in enforcing our clients intellectual property rights right up to the litigation stage: the following companies have benefitted from our prompt advice:
- Brothershirts Factory (K) Limited
- Primedia (K) limited
Conveyance law
The firm’s Conveyance and Commercial Department is headed by Mr. John Irungu Wachira. He is ably assisted by one (1) Associate Advocate, one (1) legal assistant and a very experienced Conveyance Clerk.
The firm has proven and extensive experience in the preparation of mortgages, charges, debentures, purchases, sales, leases, surrenders, discharges and transfers for both individual and corporate clients.
The firm has extensive experience in the commencement, running and finalization of real estate development projects for both corporate and individual clients through consortiums and by itself.
We also offer our clients advice on banking investments appropriate for specific transactions and the structuring thereof including, but not limited to, Structured Financing, Bank Guarantees, Letters of Credit, Stand-by Letters of Credit, Commercial Agreements and International Contracts.
Our Corporate clients include the following:-
- The Bank ofBaroda(K) Limited
- The Consolidated Bank ofKenya
- The Kenya Commercial Bank
- Equity Bank (Kenya) Limited
- Chase Bank (Kenya) Limited
- TheKenyaRe-insurance Corporation
- Chase Bank Kenya Limited
- Co operative Bank of Kenya Limited
- National Housing Corporation
- Airtel Kenya Network Limited
- Telposta Pension Scheme
- Postal Corporation ofKenya
- Kenya Tourist Development Corporation (K.T.D.C)
- The National Hospital Insurance Fund (N.H.I.F.)
- The Kenya Dental Association (K.D.A.)
- Kenya Airports Authority (KAA)
Arbitration
Mr. Leonard Obura Aloo is a competent arbitrator, duly qualified and registered as a member of the Chartered Institute of Arbitrators Kenya and London Branches respectively. He has gained a wide range of experience as both an Arbitrator and as a representative of parties submitting themselves to the arbitration process. This experience in arbitration coupled with his experience in general and specialized litigation has endowed him with a high of level of versatility ensuring that he is astute in all procedures relating to the arbitral process.
Mr. Bernard Mwaura is also a competent Arbitrator with a wealth of experience in representing parties in the arbitral process. Just like Mr. Aloo, he has undergone intensive training in arbitration under the auspices of the United Nations and they both hold certificates in arbitration from the United Nations Institute for Training and Research (UNITAR).
The firm will quickly analyse the problem being raised by any client and according to the circumstances advice on whether or not Alternative Dispute Resolution would be the best option in attaining prompt and adequate relief taking into consideration time, publicity and cost of having the matter determined. This is in addition to any agreed arbitral clauses in agreements entered into by any party seeking our considered advice.
In this area of practice the firm prides itself in having taken part in one of the most contentious arbitration matters on behalf of one of the leading medical institutions involving a sum of Kshs 800,000,000/= where the claimant ended up being awarded Kshs. 100,000,000/= only. This demonstrates the firm’s capability as already pointed out hereinbefore.