Dispute resolution in Kenya

Anjarwalla & Khanna

Anjarwalla & Khanna‘s ‘very skilled and knowledgeable’ dispute resolution department boasts a full-service offering that provides representation in a range of disputes, including commercial litigation and arbitrations surrounding investigations, competition, tax, IP, employment, and environmental law. The team advises clients on disputes before every level of the Kenyan courts, including the Supreme Court, and fields a client base across several regulated industries, including financial, manufacturing, energy, and technology, among others; it counts major multinational companies as members of its client portfolio. Aisha Abdallah is praised by clients as ‘one of the leading lawyers in complex litigation’, and heads the team while offering her expertise in complex, multi-jurisdictional matters. Faith Macharia is a key port of call for shareholder, employment, tax, and trade disputes. Luisa Cetina is a key member of the team for international arbitrations, investigations, and white-collar crime, while Abbas Esmail frequently oversees constitutional, anti-corruption, and competition litigation.

Praxisleiter:

Aisha Abdallah


Weitere Kernanwälte:

Faith Macharia; Luisa Cetina; Abbas Esmail


Referenzen

‘A&K is a very dedicated, knowledgeable team that covers all aspects of litigation in Kenya in a compliant manner. They are very responsive – often connecting after work hours to ensure client engagement and input is completed and obtained prior to deadlines.’

‘Faith Macharia is the stand out partner, and has led us to numerous small favorable decisions, even when we were facing an uphill battle. She does not get flustered, is not overly emotive, and remains logical under pressure, while still applying a significant degree of pressure on the other side.’

‘The firm is extremely well resourced at partner level. I dealt with Aisha Abdalla, Liusa Cetina, and Faith Macharia, all of who are leading figures in the legal profession.’

Kernmandanten

Middle East Glass Manufacturing Company


OLA Energy


Bank of Africa Kenya


Heineken Group


Freedom Limited


Lipton Teas and Infusions Kenya


Kenya Bankers Association


GC Residential and Kasarani Investments Holdings


Bluebird Aviation


Cipla


Base Titanium


Netflix


Highlight-Mandate


  • Acting for OLA Energy Uganda, a subsidiary of OLA Energy, a leading energy retailer in 17 African countries, in a cross-border dispute filed at the East Africa Court of Justice, a regional court, against the Attorney General of Uganda.
  • Acting for Kenya Bankers Association, the leading financial sector advocacy group and overarching body for all institutions regulated by the Central Bank of Kenya, including commercial banks, in connection with a groundbreaking tax dispute before the Supreme Court of Kenya against the Kenya Revenue Authority.
  • Acting for Bluebird Aviation, a leading provider of scheduled, non-scheduled, and ad-hoc air charter services within the Eastern and Central African region and beyond, in connection with a dispute with a South African-based insurance company, and insurance broker over a claim for compensation following a plane crash involving Bluebird’s DHC-Dash 8-Q400 aircraft at the Beledweyne airport in Central Somalia.

Dentons Hamilton Harrison & Mathews

Carrying over 25 years of experience in commercial, banking, IP, employment, and insurance-related disputes, Michi Kirimi heads the dispute resolution department at Dentons Hamilton Harrison & Mathews, which is sought after by clients for its diverse services, including commercial litigation and arbitration concerning competition, tax, and administrative-related matters. The team fields notable expertise in the retail, financial, energy, and insurance sectors, and advises clients on various disputes that reach the Court of Appeal and the Supreme Court. Kiragu Kimani boasts over 35 years of experience in commercial litigation and arbitration, alongside real estate and tax disputes. Ezra Makori represents both local and international clients in various contract, employment, labour, energy, and insurance-related disputes. Lawson Ondieki, Queenton Ochieng, and Wilson Mwihuri are also key members of the team for matters reaching the higher courts.

Praxisleiter:

Michi Kirimi


Weitere Kernanwälte:

Kiragu Kimani; Ezra Makori; Wilson Mwihuri; Queenton Ochieng; Lawson Ondieki


Referenzen

‘Very responsive and agile team.’

‘They have continued to demonstrate excellent mastery of the law.’

‘The firm’s client care is really good.’

Kernmandanten

Equity Bank (Kenya) Limited


The Heritage Insurance Company Limited


British Army Training Unit Kenya


Kenya Power & Lighting Limited


Mzuri Mining Limited


Standard Chartered Bank Kenya Limited


China Road and Bridge Corporation


Zhong Wu E-Commerce Limited


Vivo Energy Kenya Limited


Highlight-Mandate


  • Represented China Road & bridge Corporation in a petition filed by more than 400 petitioners seeking a declaration that the process of the compulsory acquisition of land for the construction of a dam was unconstitutional.
  • Represented Galana Energies Limited in a dispute over a consignment of Diesel being imported to Kenya valued at KES17bn.
  • Represented Equity Bank (Kenya) Limited in a matter where the Bank seeks to recover over KES9bn owed by a group of companies.

DLA Piper Africa, Kenya (IKM Advocates)

The disputes resolution department at DLA Piper Africa, Kenya (IKM Advocates) leverages its significant sector expertise, including the tax, telecommunications, oil and gas, financial, energy, and retail sectors. The team is adept at representing clients in all circuits of Kenya’s courts, up to and including the Supreme Court. Kamau Karori directs the practice, is often retained in various commercial litigation and international arbitrations, and is praised by clients as ‘astute, humble, and wise’. Martin Munyu has a strong track record in alternative dispute resolution, while Milly Jalega is a key member of the team in constitutional and public disputes. Diana Ogula and Hiram Nyaburi are highly active in the team’s financial and cross-border disputes.

Praxisleiter:

Kamau Karori SC


Weitere Kernanwälte:

Diana Ogula; Martin Munyu; Milly Jalega; Hiram Nyaburi


Referenzen

‘Kamau Karori SC – astute, humble, and wise. Still waters run deep. He listens to understand and is good with strategy.’

‘Milly Jalega – gets the hard work of drafting done. Leaves no stone unturned.’

‘IKM is very professional in their approach in all respects to issues at hand and we are always satisfied with the firm.’

Kernmandanten

Independent Electoral and Boundaries Commission


Supreme Court of Kenya


International Centre for Settlement of Investment Disputes


Absa Bank Kenya PLC


East Africa Breweries Limited


Kenya Breweries Limited


UDV Kenya Limited


Strathmore University


NCBA Group PLC


Kenya Pipeline Company


Equity Bank Limited


Telkom Kenya Limited


Kenya Airports Authority


Government of Kenya-Office of the Attorney General


Company for Habitat and Housing in Africa


Cooperative Bank of Kenya Limited


Urysia Limited


Les Bailie & Martin David Spink


Highlight-Mandate


  • Acted in a dispute arising out of, inter alia, the alleged unlawful expropriation by the Government of Zanzibar of the Claimants’ investment of approximately USD55m in a project to develop a five-star resort in the island of Unguja, Zanzibar by Pennyroyal.
  • Represented the Supreme Court of the Republic of Kenya, the Registrar of the Supreme Court of Kenya, and the Judges of the Supreme Court of Kenya in three different petitions filed in Constitutional Division of the High Court by the Law Society of Kenya and several advocates.
  • Represented Kenya Breweries Limited, a leading manufacturer of branded beer, spirits, and non-alcoholic beverages in Kenya, in a petition filed in the High Court.

Oraro & Company Advocates

The dispute resolution practice at Oraro & Company Advocates is sought after for its broad sector and mandate expertise. The team is seasoned in advising major local and multinational companies in construction, restructuring, and tax litigation, and is additionally experienced in alternative dispute resolution, such as international arbitration, mediation, and adjudication. The team oversees commercial and constitutional disputes arising from the insurance, financial, agriculture, and manufacturing industries, to name a few. George Oraro heads the team alongside Chacha Odera, and both are highly regarded for their work in commercial, banking, and labour disputes. John Mbaluto is a key member of the group for employment and labour disputes, while Noella Lubano is an expert in fraud, construction, and insolvency disputes. Lilian Renee Omondi is a notable member in the department for tax-related disputes.

Praxisleiter:

George Oraro; Chacha Odera


Weitere Kernanwälte:

John Mbaluto; Noella Lubano; Lilian Renee Omondi


Referenzen

‘Oraro & Company Advocates is a good law firm to work with, they are very professional and have good experience leading to satisfactory results.’

‘Noella Lubano is excellent counsel that we recommend.’

‘The dispute resolution team of Oraro & Company is a highly collaborative team.’

Kernmandanten

National Bank of Kenya


Maersk Kenya Limited


Kenya Power & Lighting Company Limited


Toyota Kenya Limited


Kenya Deposit Insurance Corporation


The Honourable Attorney General of the Republic of Kenya


Kenya Ports Authority


Telkom Kenya Ltd


Kapiti Plains Estate Limited


KCB Bank Ltd


NCBA Bank Kenya Ltd


SBM Bank (Kenya) Limited


Jubilee Insurance Company of Kenya Limited


CIC Insurance Group Limited


Kenya National Union of Teachers


Uber B.V and Uber Kenya Limited


Standard Chartered Bank


SBM Bank Holdings Limited


Kenya Ships Agents Association


Highlight-Mandate


  • Acted in a suit instituted by Mr. Sultan Khimji (as the Sellers Representative on behalf of the former shareholders of Fidelity Commercial Bank Limited) in the Commercial Division of the High Court of Kenya as against SBM Bank Holdings Limited.
  • Acted for Toyota Kenya Limited in a class-action product liability claim.
  • Acted in a suit which has been filed by Dr. Ahmed Kalebi as against Cerba HealthCare SAS (1st Defendant), Lancer Service Company (PTY) Limited (2nd Defendant), Cerba Lancet Africa (3rd Defendant), Pathologists Lancet Kenya Limited (4th Defendant) & Lancet Services Company Kenya Limited (5th Defendant).

TripleOKlaw Advocates

Clients highlight the ‘unique blend of personalised service, deep expertise, and innovative approaches’ in TripleOKlaw Advocates‘s dispute resolution team, which is highly experienced in representing clients at all court levels. The team is frequently retained in commercial litigation and arbitration, including civil and commercial claims, liquidations, and breach of contract. In addition, the team often represents clients in environmental, public, and constitutional disputes, including before the Supreme Court. Energy and environment law expert Elias Masika co-heads the team with Marysheila Onyango-Oduor, a key port of call for high-stakes commercial and public procurement disputes. James Ochieng’ Oduol and John Ohaga are both sought after for over 30 years of experience in constitutional, cross-border, and commercial arbitration disputes. Kenvine Odhiambo and Isaac Kiche are frequently in the team’s most valuable matters in the financial, oil and gas, and constitutional matters.

Praxisleiter:

Elias J. Masika; Marysheila Onyango-Oduor


Weitere Kernanwälte:

James Ochieng Oduol; John M. Ohaga; Marysheila Onyango-Oduor; Kenvine Odhiambo; Isaac Kiche


Referenzen

‘The law firm of TripleOKLaw have over the years built unique capabilities in the area of dispute resolution, adopting emerging areas like mediation and arbitration to resolve matters in a more timely manner.’

‘I have worked with the litigation team for many years and can attest to the speed and quality of legal practice in this area. In view of this, I entrust my most sensitive and complex litigation matters to this team.’

‘I have had the pleasure to work with Senior Counsel John Ohaga and Advocate Isaac Kiche. As Managing Partner, Senior Counsel John Ohaga still remains hands on.’

Kernmandanten

Bidco Africa Limited


Butali Sugar Mills Limited


Central Bank of Kenya


Equity Bank Plc


First National Bank Limited


Housing Finance Company of Kenya


Indo Africa Finance Company Limited


Integrated Payment System Limited


Kenya Airways Plc


Kenya Bankers Association


Kenya Commercial Bank


Kenya Electricity Generating Company


Meta Platforms Inc.


Nairobi City Water and Sewerage Company Ltd


Old Mutual General Insurance Kenya Limited


Safaricom Plc


SBM Bank (Kenya)


Taifa Gas Investment SEZ LTD


The Standard Group Plc


Highlight-Mandate


  • Represented the Central Bank of Kenya in the East African Court of Justice in a case that revolves around the cardinal question of bank supervision under the Kenyan and regional law, the obligations of a regulator and the nexus of the obligations of Kenya under the EAC Treaty and its protocols vis a vis the obligations of institutions established by members states as far as regulation and supervision of banks is concerned.
  • Represented Taifa Gas Investment SEZ LTD in a landmark case before the National Environment Tribunal arising from three consolidated claims from three appellants challenging the award of an Environment Impact Assessment Licence to Taifa Gas Investment SEZ Ltd.
  • Acted for KenGen in Judicial Review proceedings commenced against it and other parties by H-Young and Company EA Limited, one of East Africa’s leading engineering and construction firms in relation to a Contract between the client and H-Young and Co. to Engineer Procure and Construct a Steamfield for 70 MW as part of the Olkaria 1 Additional Unit 6 Geothermal Development Project in Kenya.

Bowmans

Bowmans‘ dispute resolution team is headed by IP, media, competition, and finance disputes expert Terry Mwango, whose broad services reflect the department’s growing capacity for dispute mandates. This includes regulatory compliance, including anti-corruption and anti-money laundering, international commercial arbitrations, insolvencies, and employment litigation. Cecil Kuyo is highly active in the team’s alternative dispute resolution and commercial litigation matters, frequently handling IP and corporate disputes, as well as arbitrations and mediations.

Praxisleiter:

Terry Mwango


Weitere Kernanwälte:

Cecil Kuyo


Referenzen

‘Bowman provides very on point, practical and accurate information and road maps.’

‘It is easy to interact with Bowmans. They are good at reacting quickly.’

‘They are good at simplifying complicated topics.’

Kernmandanten

Pathologists Lancet Kenya Limited


Base Titanium Limited


Freshfields Bruckhaus Deringer LLP


I&M Bank PLC


KEDA Ceramics Limited


Smith Lacien LLP


Shihua Industry Alliance Co., Limited


J.S Staedtler, GMBH & CO., KG


Aecom Africa (PTY) Limited


Highlight-Mandate


  • Acting for RSW International Inc and Aecom Africa (Pty) Limited in a contractual dispute that arose from various written and oral agreements for project management services in an electricity generation project.
  • Acting for Pathologists Lancet Kenya Limited and Lancet Services Company Kenya Limited in a matter filed in the Commercial & Admiralty Division of the High Court.
  • Acting as legal counsel for WPP PLC & WPP Scangroup PLC in a suit filed by a former CEO of WPP Scangroup PLC challenging his removal from the company.

Kaplan & Stratton Advocates

The dispute resolution practice Kaplan & Stratton Advocates is noted by clients for boasting ‘scale and variety of experience’ and is engaged in a broad spectrum of commercial dispute mandates, including security realisation, class actions, shareholder disputes, breach of contract, and regulatory compliance, among others. Fred Ojiambo heads the department, and is a leading practitioner of criminal and civil cases in Kenya, as well as commercial litigation and arbitration. Peter Gachuhi brings over 35 years of experience in the construction, insurance, and property sectors, while Nazima Malik and Esther Kinyenje are considered authorities in tax and industrial relations, respectively. Cosima Wetende and James Muthui are often retained for employment and intellectual property disputes, while Peter Njeru assists in international arbitrations. Elizabeth Onyango and Victor Kahura are also key members of the group.

Praxisleiter:

Dr. Fred Ojiambo


Weitere Kernanwälte:

Peter Gachuhi; Nazima Malik; Esther Kinyenje; Cosima Wetende; James Muthui; Peter Njeru; Elizabeth Onyango; Victor Kahura


Referenzen

‘The firm has the ability of putting the right team in place to handle matters, in terms of scale and variety of experience, expertise, client issue appreciation and availability. This ensure fast and quality responses that keep clients assured of great service delivery.’

‘Nazima Malik and Esther Kinyenje are readily available to discuss issues that arise and can articulate even complex issues simply for ease of understanding of a variety of the clients. They also have good knowledge and reputation as well as networks in the industry.’

‘Quality of work is exemplary. Turnaround time is also excellent. The team is professional and have good client care skills.’

Kernmandanten

Eastern Produce Kenya Ltd


Instalaciones Inabensa S.A


Absa Bank Limited


Total Energies Limited


Rift Valley Highway Limited


Rubis Energy Kenya


Unilever Kenya Limited


AON Minet Kenya Limited


Coca-Cola Central East and West Africa Limited


British American Tobacco Kenya PLC


Safaricom PLC


Pricewaterhousecoopers


TNT Express Worldwide Kenya Ltd


Bamburi Cement PLC


Samsung Kenya


Highlight-Mandate


  • Represented the estate administrators of the late G. K. Kirima in a significant legal case involving a valuable estate worth over £35bn.
  • Represented a multinational engaged in and offering in retirement, investment, life and insurance solutions in a dispute that arose regarding breach of the Loan Agreement and the dispute was referred to arbitration.
  • Represented Kenya Ports Authority in a case following their employees demands for an increase in remuneration; they were not satisfied with what was proposed and were therefore demanding damages.

Munyao Muthama & Kashindi

Munyao Muthama & Kashindi‘s dispute resolution practice is highlighted for its ‘knowledge of the subject and the personalized touch of service’, and advises clients on a range of contentious matters pertaining to financial, public, tax, and insolvency matters, which often includes various domestic banks and foreign multinationals. The team is led by a group of senior partners; George Kashindi, who fields expertise in tax, regulation, and insolvency litigation, environmental and insolvency specialist Paul Munyao, and James Tugee, who is one of the team’s key port of calls for administrative and tax disputes. Irene Kashindi is praised for her ‘technical rigour and responsiveness’, while newly-arrived Mellap Wataka is highly active in commercial arbitrations and employment disputes. Margaret Miringu left the firm in December 2023.

Praxisleiter:

George Kashindi; Paul Munyao; James Tugee


Weitere Kernanwälte:

Irene Kashindi; James Tugee;  Mellap Wataka


Referenzen

‘They are good in tax litigation.’

‘Technical rigour and responsiveness of Irene Kashindi.’

‘The firm has a very good client management and update system.’

Kernmandanten

Export Processing Zone Authority


KCB Bank Kenya Limited


Swedish School Association of Kenya


African Banking Corporation Limited


KCB Bank Kenya Limited


Chai Trading Company Limited


Kenya Ports Authority


Capwell Industries Limited


Communications Authority of Kenya


Kenya Electricity Generating Company PLC


Stima Sacco


Highlight-Mandate


  • Represented a client in overturning the Kenya Revenue Authority’s orders freezing Swedish School Association of Kenya’s accounts and navigated the client through an alternative dispute resolution process that ultimately resolved the multi-million dispute.
  • Represented KCB Bank Kenya Limited in several high-value, major cases aimed at recovering funds from defaulting borrowers.
  • Represented Kenya Electricity Generating Company Plc in ground-breaking public interest litigation touching on environment and social issues.

CMS Daly Inamdar Advocates

Noted as ‘very diverse in the commercial dispute resolution’ arena, the department at CMS Daly Inamdar Advocates is affiliated with CMS’s Africa network, and leverages significant regional and international expertise, advising Kenyan and multinational companies on various commercial transactions. Samir Inamdar is the department’s head, and is frequently at the forefront of the team’s mandates, especially employment, insurance, aviation, civil and commercial claims. George Muchiri is the team’s arbitration specialist with notable experience in cross-border commercial cases. Grace Kinyanjui and Collette Akwana are strong in the employment law and contract dispute areas, while Gibran Darr has an impressive track record in land, commercial and construction-related disputes.

Praxisleiter:

Samir Inamdar


Weitere Kernanwälte:

George Muchiri; Abdulhafeez Noorani; Grace Kinyanjui; Collette Akwana; Gibran Darr


Referenzen

‘Ability and depth in research.’

‘The team is hands on and very diverse in the commercial dispute resolution practice.’

‘The individuals are all hands on and very diverse in the commercial dispute resolution practice.’

Kernmandanten

Fresh Del Monte Produce Inc


Teita Estates


Swahili Beach Resorts


Mombasa Drive-In Cinema


Weld-Con Limited


Medical Protection Society


Avmax Aircraft Leasing Inc


Ecobank Kenya Ltd.


Avmax Aircraft Leasing Inc


Mineral Enterprises Limited


Etihad Airways PJSC


East African Portland Cement Plc.


Mastercard Foundation


Old Mutual Group PLC


Highlight-Mandate


  • Advised Mastercard Foundation on a KES184m matter before the Employment Court where the Claimant was claiming that the Foundation was in the process of illegally terminating her employment.
  • Defended Old Mutual Group in a KES30m application where a former employee sought to halt a statutory sale of a property against which he had secured a loan advanced by the Company.
  • Defended Fresh Del Monte Produce Inc against twelve petitioners, including activist groups – African Centre for Corrective & Preventive Action and KAGAMA allegedly acting on behalf of over 500 members, in matter petition of close to USD1bn as estimate of compensation by way of special, exemplary, aggravated and punitive damages.

MMAN Advocates

Praised for its ‘robust service’, MMAN Advocates‘s dispute resolution department advises clients on corporate and commercial, labour, insolvency, property and environmental contentious matters, and operates both domestically and abroad. Jomo Nyaribo heads the practice with over 18 years of experience in commercial litigation and arbitration, and is particularly experienced in disputes arising from the construction, banking, employment, tax, restructuring, and public procurement sectors, among others.

Praxisleiter:

Jomo Nyaribo


Referenzen

‘Since the first moment, the team explained to us our case, the potential upcoming scenarios, and the next steps to correctly assess the situation. The great experience in different areas makes MMAN a suitable candidate for different types of disputes.’

‘We value the availability of the professionals, the time and effort invested, the robust service. When the people are really dedicated to you and your case, it makes you feel quite accompanied. ’

Kernmandanten

Pinopine, Produtos Químicos, S.A.


Independent Electoral & Boundaries Commission


Japan International Co-Operation Agency (Through White & Case Llp)


Highlight-Mandate


  • Representing IEBC, Kenya’s Electoral Management Body, in an election petition challenging the election results for a member of national assembly elective position.
  • Advised JICA, through White & Case LLP (JICA’S international counsel) on the position of Kenyan Law on various aspects of procurement proceedings undertaken by Kenya Ports Authority in a sensitive high value tender financed by JICA.

MMC ASAFO

MMC ASAFO‘s dispute resolution and international arbitration practice advises clients from the telecommunications, maritime, finance, and real estate sectors in various matters pertaining to cross-border commercial arbitrations, employment disputes, successions, procurement, and IP disputes. The team is headed by its senior partners, which include commercial, labour, and public procurement expert Peter Murage, international arbitration practitioner Daniel Musyoka, and Billy Kongere, who is sought after by clients for his employment, commercial litigation, and arbitration experience.

Praxisleiter:

Peter Munge; Daniel Musyoka; Billy Kongere


Weitere Kernanwälte:

Kenneth Wilson; Karen Muthee


Kernmandanten

Safaricom PLC


Kwale International Sugar Company Limited


Kenya Ports Authority


KCB Bank Kenya Limited


Britam General Insurance Company (K) Limited


Saracen Media Limited


Carii Motors Limited


Highlight-Mandate


  • Acted for a tier 1 mixed use real estate developer against a construction company in an arbitration before the ICC International Court of Arbitration in a dispute worth Kshs682m
  • Acted for KCB Bank Limited and KCB Bank Group in an employment dispute resulting in the dismissal of the Claim.