The firm has handled notable litigation involving substantial sums of money and complex matters of law. We have extensive experience in representing clients before all courts in our legal system including the Court of Appeal and Supreme Court. We also have extensive experience in handling matters before the specialized courts; the Environment and Land Court as well as the Employment and Labour Relations Court. We also regularly appear before several statutory tribunals and bodies including the National Environmental Tribunal, Public Procurement and Administrative Review Board, Public Private Partnerships Petitions Committee, Medical Practitioners’ and Dentists’ Board, Capital Markets Authority, Business Premises Rent Tribunal and the Tax Appeals Tribunal among others. We have experience in a wide range of civil and commercial litigation matters including, tax disputes, constitutional and administrative review, liquidation and bankruptcy, employment, debt recovery, banking and finance including realization of bank securities, insurance claims, medical professional claims, public procurement and PPP disputes, breach of contract, negligence and other tortious claims and land disputes.
The African real estate market is growing in terms of complexity and sophistication. Whilst residential, retail, office and industrial sectors continue to be key sectors for real estate investors, emerging opportunities on the rise include area sectors such as agriculture, affordable housing, data centres, healthcare facilities, hospitality among others. Investors, corporations, developers, asset and fund managers and financial institutions need a legal team that can offer strategic transactional support on a local and cross-border basis. Our firm is known for its broad real estate expertise, and our lawyers regularly handle large development projects from start to finish, including advising on tax and equity structuring, construction, debt and equity financing, conveyancing, operation and management. Our cross-border experience and in-depth industry knowledge give us a significant competitive advantage. We use a wide range of innovative and complex structures, as our specialist real estate lawyers help clients mitigate risk and adopt tax efficient structure to enhance returns on their investments. Our principal Areas of Practice include construction, conveyancing, project financing, joint ventures, property acquisition and development, leasing, operations management, tax and equity structuring, physical planning and land use among other areas.
Our Corporate and Commercial law practice comprises all manner of commercial transactions and cuts across several industries including insurance, banking and finance, NGOs, manufacturing companies, FMCGs companies. We have vast knowledge and experience in advising corporate entities of legal requirements relating to permits, approvals, licensing, reporting requirements, regulatory requirements and supervision across a range of sectors such as capital markets, energy and natural resources, competition. We have a robust corporate governance arm within the Corporate and Commercial practice under which we review clients’ corporate governance structures and give advice on legal, compliance and governance requirements. We have experience in offering tailor made presentations and training sessions to clients’ board members and senior executives on corporate governance and other applicable legal and compliance requirements. We have also advised clients on risk assessment and implementation of risk mitigating measures relating but we have not limited to directors duties, anti-corruption/bribery and anti-money laundering.
The ICT sector has recently experienced a fast-paced growth in the recent past not only locally but globally. We have kept abreast of these developments and built sufficient capacity to enable us provide guidance to clients of the evolving legal requirements in this sector. The lawyers in our team have experience in representing some of the leading ICT companies in Kenya in breach of contract claims, negligence and other claims as well as in debt recovery proceedings. We regularly advise and represent regulators and leading ICT sector players in Kenya. We are able to advise clients of legal requirements during technology acquisition, reviewing and drafting agreements, regulatory requirements and general advisory matter on all manner of issues.
Our firm specializes in providing expert tax advisory and tax litigation services to clients drawn from various industries including, manufacturing, service industries, engineering and construction among others. The education background and work experience of our team members ensure that we give well-rounded and top-rate tax legal services. We have experience in representing tax payers gained from our previous representation of clients before the now defunct Local Committee, VAT Tribunal, Customs Valuation Appeals, Tribunal, Customs and Excise Tribunal which were succeeded by the current Tax Appeals Tribunal. We have also represented tax payers before the High Court and Court of Appeal some of which have been precedent setting litigation. We have successfully applied to court for orders to bar KRA from taking enforcement action against tax payers. Our advisory and value- add tax services include advice on tax compliance, general tax advisory, tax reviews, audit and “health” checks, management of KRA tax audits, international executive services such as tax planning, cross border tax advisory service, client information services including updates on legislative changes, tax developments and budget briefs and lobbying for legal reform. We regularly appear before the Tax Appeals Tribunal and the Courts to represent clients in challenging tax assessments and demands.
We have vast experience and expertise in providing banking and financial legal services to an extensive client base which consists of a number of top-tier firms in Kenya. We have represented pan African banks as well as local and regional top-tier banks by asset and customer base in complex and high value banking disputes. We advise on creation and perfection of securities, debt restructuring security take-overs, general lending asset finance, project finance real estate finance and trade finance. We also offer advice on legal and regulatory compliance under the Banking Act, Central Bank of Kenya Act and the Prudential Guidelines
Information flows seamlessly across borders and through various online platforms in this digital era. Safeguarding the protection of personal data has become a paramount concern worldwide. Kenya recognizes the importance of data privacy and has taken significant steps to establish a robust framework for data protection within its borders. The primary legislation governing data protection in Kenya is the Data Protection Act, no. 24 of 2019 (the ‘Act’). The Act regulates the collection, processing, storage, and sharing of personal data. It aligns Kenya with international standards, particularly the General Data Protection Regulation (GDPR) of the European Union. The Act has several fundamental principles to ensure the lawful handling of personal data. These principles include lawfulness and transparency, accuracy, purpose limitation, data minimization, storage limitation, accountability, and confidentiality. It also grants individuals several rights over personal data. These rights include the right to access, right to data portability and the right to correction, right to object and right to erasure. Further, the Act establishes the Office of the Data Protection Commissioner, an independent regulatory authority with a mandate to oversee data protection compliance. Non-compliance with the Act can result in significant penalties, including fines and imprisonment. Our Advocates are adequately trained and are well-versed in various national, regional and international laws including those relating to personal data. We provide legal services to businesses and organizations operating in Kenya ensuring that they implement robust data protection policies and practices that conform with the Act.