Alex Mbaya

Alex Mbaya is an Advocate at G&A Advocates LLP. Alex is deeply passionate about Dispute Resolution, Commercial and Corporate Law, Technology and Innovation Law, Legislative Drafting, and Procurement Law. Throughout his legal career, he has gained invaluable expertise in these areas.

Alex obtained a Bachelor of Laws degree from Kenyatta University, a post-graduate diploma in law from the Kenya School of Law, and a Certified Secretaries (CS) professional qualification from the Kenya Accountants and Secretaries National Examination Board (KASNEB). In addition, he holds a General Course on Intellectual Property certificate from the World Intellectual Property Organisation, a certificate on Financing for Development from the University of Nairobi, and certifications on Arbitration from the International Investment Law Center Cologne (IILCC) and the Chartered Institute of Arbitrators Kenya Branch (CIArb).

Expertise
Alex has provided expert advice and representation to numerous clients in a wide range of matters, including:

Civil and Commercial Litigation:
Alex successfully represented a prominent Bank in court proceedings involving contested obligations under various instruments, amounting to a sum of US $2.7 million.

He was part of the legal team that effectively represented a foreign contractor in a procurement dispute worth US $16.7 million.

Additionally, Alex contributed to the legal team’s representation of a leading bank in insolvency and administration processes, as well as various court actions valued at US $10 million.

Advisory Engagements:
Alex provided crucial advice to a group of foreign investors regarding business setup and regulatory requirements for their intended investments in Kenya’s Special Economic Zones.

He advised a state-owned agency on the development of subsidiary regulations to address an existing legal gap, aiming to elevate the country’s global ranking.

Alex advised a leading bank on the best strategy to recover outstanding sums amounting to US $2.7 million.

Election Petitions:
Alex achieved successful representation of the Independent Electoral and Boundaries Commission (IEBC) in pre-election disputes, including Presidential, Gubernatorial, Senatorial, Member of National Assembly, and Member of County Assembly cases filed before the IEBC Dispute Resolution Committee and the High Court, ahead of the 2022 General Elections.

He was also part of the legal team that represented the IEBC in the Consolidated Presidential Election Petitions filed before Kenya’s Supreme Court during the 2022 General Elections.

International Law Litigation:
He was part of the team engaged in representing the Office of the Attorney General in a Reference filed before the East African Court of Justice. This reference challenged the Presidential election results declared after the 2022 General Elections.

He also part of the team representing the Office of the Attorney General in a Reference filed before the East African Court of Justice, which contested the decision of the Kenyan Cabinet to lift the ban on the importation and cultivation of Genetically Modified Organisms.

Legislative Drafting:
Alex was a valuable member of the team entrusted with the task of drafting regulations for a state agency. These regulations were drafted pursuant to powers granted under the parent Act, aiming to bridge a gap in service delivery and raise standards to international levels.

Corporate Secretarial Practice:
Alex is currently part of a team that provides advisory services to various organizations in corporate law, governance, audit, and compliance matters.

Membership and Affiliations:
Law Society of Kenya (LSK)
Institute of Certified Secretaries of Kenya (ICS)
Chartered Institute of Arbitrators (CIArb)