Dispute Resolution

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Our Dispute Resolution team is highly regarded and has advised on and represented numerous clients in some of the most sensitive and high-profile arbitration proceedings and litigation including the three presidential elections petitions instituted under the 2010 Constitution of Kenya.

In representing our clients we are committed to resolving disputes in the most efficient and cost-effective manner and are focused on providing solutions that are practical and commercially viable. Our Dispute Resolution lawyers have the experience to carry out early case assessment and advice on the extent of risk exposure and the most suitable strategy for each case.

The team is involved in Alternative Dispute Resolution and is comprised of practitioners that have built extensive competence and are available to participate either as Arbitrators, Mediators or Counsel whenever matters are referred to ADR. As a value adds to our clients the team also provides training initiatives on key areas of interest as well as updates and alerts on newly delivered court decisions and emerging legal concerns at no cost to our clients. The team is also involved in pro bono legal advice and representation especially in the areas of public interest litigation, enforcement of fundamental rights and law reform.

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Notable Assignments

  1. 1. This was a Petition before the Public Private Partnerships Petitions Committee challenging the decision of KenGen to disqualify a bidder from bidding in the Ol Karia Public Private Partnerships Geothermal Power Project located at Olkaria Nakuru County on a Build, Own, Operate, Transfer (BOOT) Basis. The Firm acted for the Kenya Electricity Generating Company PLC (KenGen) before the Public Private Partnerships Petitions Committee. The matter was valued at USD 320,000,000.
  2. 2. Advised and successfully represented KPC in the defence of a claim presented against KPC by a downstream affiliate of the one of the multinational oil and gas companies where the value of the matter of the subject matter was in excess of USD 45million and shortfalls claims the sum of USD 26Million.
  3. 3. Represented Kenya’s Judicial Service Commission in defending a Petition and Motion which sought injunctive Orders against the process of recruitment for the position of Chief Justice of the Republic of Kenya and Judge of the Supreme Court of Kenya. The Team successfully overturned conservatory orders previously issued by the Constitutional Division of the High Court thereby paving way for the appointment of the Kenya’s current Chief Justice and a Judge of the Supreme Court of Kenya.
  4. 4. The Department was appointed to advise and represent Konza Technopolis Development Authority, an institution tasked with delivering on one of the flagship Kenya Vision 2030 projects under the Ministry of Information, Communications and Technology in a procurement dispute before the Public Procurement and Administrative Review Board. The dispute was instituted by an unsuccessful bidder that sought to be awarded a Kshs. 1.4Billion tender for the construction of a conference facility and related infrastructure.
  5. Advised and represented a leading Bank in proceedings commenced by a contractor before the High Court of Kenya seeking enforcement of a Decree of the East African Court of Justice as against the Republic of South Sudan and in the interim for mareva injunctions or furnishing of security in the sum of US 51 Million.
  6. The team represented Independent Electoral and Boundaries Commission, Kenya’s Election Management Body, in proceedings before the Constitutional Court in a case concerning Constitutional Amendment as a result of the Building Bridged Initiatives ‘BBI’. The primary issue in the matter involved a set of contentious proposals to amend Kenya’s 2010 Constitution. It was a landmark case addressing novel constitutional questions including ‘unamendability’ of certain entrenched clauses, whether a constitutional amendment can be unconstitutional and existence of ‘eternity’ clauses.
  7. Representing the National Irrigation Authority, a state-owned entity in the Ministry of Water Sanitation and Irrigation in defending twenty (20) Petitions filed by alleged project-affected-persons in the Environment and Land Court where the Petitioners seek compensation, or in the alternative a stoppage of a project carried out by the state corporation as part of its core mandate.
  8. The Team advised and represented a Canadian non-profit organization in relation to the recovery of funds held by a financial institution in Kenya, including in relation to negotiations and regulatory interventions that led to acceptance by the financial institution to release of the funds.
  9. The Team was instructed to seek interim conservatory orders suspending the implementation of the Crops (Tea Industry) Regulations, 2020 published by the Cabinet Secretary, Ministry of Agriculture Livestock, Fisheries and Cooperatives vide Legal Notice Number 97 of 2020 together with the Implementation Roadmap and Timelines published by the Agriculture and Food Authority on 3rd August, 2020 pending hearing and determination of the Petition.

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President Uhuru Kenyatta signed into law two important pieces of legislation; the Business Laws (Amendment) Bill of 2021 and the Employment (Amendment) Bill of 2019. The former Bill, now Act, amends several statutes in an effort to facilitate the ease of doing business in Kenya while the latter amends the Employment Act 2007 to accord […]

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