Litigation & disputes resolution services
The Firm offers legal services and represents Clients’ interests in a range of areas such as:
a). Alternative Dispute Resolution (Arbitration and Mediation); our practice encourages the amicable resolution of disputes of whichever nature between our Clients and other parties through ADR in a cost-effective manner that protects their relationships with their business partners.
b). Civil and Commercial Litigation; we represent Clients in all Courts briefs in both prosecution and defending capacities including but not limited to tax litigation, insurance litigation and representing financial institutions seeking to exercise their statutory power of sale, including defending these institutions from any court proceedings arising therefrom.
c). Administrative and Public Law; we represent Clients in matters of judicial review of adverse decisions of public authorities and/or tribunals, in public enquiries for or against the Clients, or statutory and disciplinary proceedings preferred by or against the Clients. We also handle proceedings before the Public Procurement Review Board and the Appeals Board on matters arising from public procurement contracts.
d). Debt Recoveries, Bankruptcy and Insolvency; we undertake these at both local and International level: We have established an experienced and skilled Debt and Insolvency Unit which exclusively deals with debt collection and litigation matters.
e). Land and Environmental Disputes; The Firm represents individuals and corporates in all forms of Land and Environmental dispute such as land ownership disputes, disputes arising from contracts such as leases sale agreements, boundary disputes. Disputes challenging the decisions of NEMA and Local Authorities in issuance of land developments permits and Licenses among others.
f). Constitutional Law; The Firm represents corporates and individuals in matters of Constitutional law which seek to enforce the constitutional rights.
g). Employment & Labor Relations Disputes; Representing various individuals and institutions in instituting and defending claims related to employment law, including work injury claims and wrongful dismissals.
h). IP litigation; The Firm represents clients in contentious enforcement of intellectual property rights (including patents, plant breeder’s rights, unregistered and registered designs, copyright and database rights, trade marks and the law of passing off).
i). Media Disputes; especially in regard to defamation, and privacy issues.
Notable transactions by this practice group include:
- The Firm successfully prosecuted the Mombasa County Government on behalf of its client following the County’s Directive to repaint all buildings within the Central Business District (CBD) in blue and white, a directive which unjustifiably and unreasonably restricted and limited the rights and fundamental freedoms of the petitioner.
- The Firm is currently representing a Client in Tax Dispute matter between itself and Kenya Revenue Authority and the parties are in the process of recording a Consent for the same having resolved the matter amicably.
- The Firm successfully prosecuted a claim for breach of contract for debt collection in the whose subject value exceeded 50 Million.
- The Firm is currently representing a Client in a land ownership dispute for a property of over 50 acres that has been invaded by squatters.