Dispute Resolution

Overview

Known in the legal industry in Kenya as a “formidable dispute resolution practice” we bring together a multidisciplinary disputes team with an in-depth understanding of the judicial process. Our practice group has the experience, skills and judgement to successfully guide clients from the onset of a dispute through to resolution.

Our dispute resolution practice group actively pursues all avenues of dispute resolution available to advise clients on a wide range of contentious matters including banking litigation, highly complex commercial disputes, constitutional law, election petitions, environmental litigation, employment and labour law, family law, medical malpractice, public procurement and property disputes.

Key Contacts

George Oraro SC

Founding Partner

Chacha Odera

Senior Partner

John Mbaluto, FCIArb

Deputy Managing Partner

Experience

    We have recently been involved in:

  • Acting for a real estate developer in respect to a challenging the decision by the Nairobi City County in awarding a tender for the development of a mega housing project valued at USD 195 Million.
  • Representing a client in the High Court and the Court of Appeal in a shareholder dispute regarding the directorship of a company, the constitution of an interim board of directors and the legality of a transfer of 60% of the shareholding which is valued at USD 25 million to a third party.
  • Successfully represented a leading Commercial Bank in a rare application seeking to have the Court of Appeal re-open, re-examine and set aside its decision. We also sought to have the Court of Appeal declare its earlier decision a nullity and direct that the appeal is heard afresh.
  • Acting for the regulatory Authority for the ICT industry in Kenya in challenging the constitutionality of some of the introduction of the amendment introduced by the Media Act 2013 and the Kenya Information Amendment Act 2013.
  • Acting for one of the largest trade union in Kenya in a trade dispute in the Court of Appeal against the employer, the Teachers Service Commission, with respect to the historical 2015/2016 nationwide teachers’ strike.
  • Acting in an anti-suit injunction application involving a technology, media and telecommunications sector-focused venture capital fund manager where parties not party to a shareholder and management agreement between certain entities and a funder manager threatened to institute suit against the fund manager despite provisions for arbitration.
  • Acting for the authorized distributor and service provider of an automotive brand in a class action product liability claim with respect to its HINO FC 500 motor vehicles.
  • Representing one of the leading private hospitals in Kenya in a wrongful birth appeal claim which was the first of its kind to be determined by the Court of Appeal.
  • Assisting counsel to an international commodity company in a dispute with Kenya Pipeline Company worth USD 52.5 million.
  • Successfully represented a client in the logistics industry, in a contractual dispute; the client was subsequently awarded USD 8 million for a breach of contract.
  • Represented a foreign multinational company in an appeal (before the Court of Appeal) arising from a High Court judgment in a claim for over USD 40.3 million in damages for breach of duty as bailee by attornment.
  • Representing an international NGO in a land rates’ dispute (the estimated demand value is USD 46 million)
  • Representing a real estate company, in a dispute with environmental and land law aspects.
  • Represented a party in a construction arbitration estimated matter value: USD 6.5 million).
  • Representing the the monetary authority of Kenya in a case in which the represented petitioner sought to challenge the legality of contracts for the printing of currency, which had been awarded to De La Rue(Kenya) Ltd.
  • Acted for a state corporation in claims brought against a pan African downstream oil company, arising out of alleged wrongful payment of shore handling services (the claim value was USD 2.6 million).
  • Represented a foreign multinational company in an appeal (before the Court of Appeal) arising from a High Court judgment in a claim for over USD 40.3 million (approximately KES 3 billion) in damages for breach of duty as bailee by attornment.
  • Represented an international shipping company on a salvage and towage claim.
  • Represented a Kenyan-based holding company that manufactures branded beer, spirits, and non-alcoholic beverages in challenging the constitutionality of various provisions of the Alcoholic Drinks and Control Act, on aspects relating to the infringement of the right to property.

Recent Insights

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