Civil, Commercial and Criminal Litigation
- Law Society of Kenya
- East Africa Law Society
Botany Mwamuye is an Associate Advocate in the Firm of Lesinko Njoroge & Gathogo Advocates. He was admitted to the Bar in 2016 having received legal training in the Firm of BM Musau & Company Advocates.
Mr. Mwamuye practices in the Dispute Resolution Department of the Firm dealing with commercial and civil disputes and has handled various assignments touching on contract law, public law, environment and land disputes, constitutional petitions, judicial review, and employment and labour relations matters, amongst others.
He is also versed in mediation. In addition, he is a Certified Public Accountant and Certified Public Secretary, having undertaken the relevant courses that were administered by the Kenya Accountants and Secretaries National Examinations Board (KASNEB). He has appeared in a number of court proceedings, acting as counsel for plaintiffs and defendants respectively.
- Attending Court for hearings and mentions in the High Court, Court of Appeal and Statutory Tribunals touching on varied aspects including employment and labour relations, land rights and environment, enforcement of contractual claims, constitutional petitions and judicial reviews for individuals and private entities i.e. Kenya Ecumenical Church Loan Fund (ECLOF), Equity Bank, Bakhresa Group; government corporations i.e. Kenya Airports Authority; and county governments i.e. County Government of Kajiado.
- Maintaining and managing litigation files:
- (a) Identifying the progress of cases, compliance with court procedures/processes and updating the same;
- (b) Ensuring that all litigation files are not subjected to dismissal for want of prosecution;
- (c) Meeting clients and preparing them for trial;
- Participating in Court Annexed Mediation for various clients i.e. Kenya Ecumenical Church Loan Fund (ECLOF) which ensures that disputes amongst parties are resolved much faster (if possible) thereby reducing the cost in terms of prolonged litigation and further restores the relationships between the parties at the end of the process.
Participating in Court Annexed Mediation for various clients i.e. Kenya Ecumenical Church Loan Fund (ECLOF) which ensures that disputes amongst parties are resolved much faster (if possible) thereby reducing the cost in terms of prolonged litigation and further restores the relationships between the parties at the end of the process.
Drafted and registered compensation trust for communities residing in the Amboseli Region to aid in minimising the losses incurred through human and wildlife conflicts
Acted for an undisclosed client with multiple projects running into millions of dollars, in a multi-layered dispute between the client and a financier. Our client was contesting the financier’s right to deduct without consulting the client, proceeds from sale of property and retention of several titles. Through our strategic counsel, the matter was resolved through compromise and negotiations resulting in the recording of a win-win, out-of-court settlement and more importantly preservation of the commercial relationship between the parties.
Representing the County Government of Kajiado in judicial review proceedings instituted at the High Court of Kenya by a hazardous waste management and handling company contesting the legality and lawfulness of notices requiring certain actions to be taken by it for purposes of safeguarding environmental integrity and standards under the Environment and Management Co-ordination Act;
Acting as the lead counsel before the High Court in prosecuting a first-of-its-kind litigation on behalf of several well-known artistes relating to infringement of copyrights in their musical compositions involving converting these works into digital formats and offering to public as 'caller ringback tones', without the authors' consent;
Lead counsel in representing a Tanzanian headquartered industrial conglomerate with large business operations in East, Central and Southern African regions in a series of property disputes brought by multiple parties in various fora in Kenya, namely, the High Court of Kenya, Environment and Land Court, the National Assembly of Kenya and the National Land Commission contesting ownership of a prime industrial property. The disputes revolved around determination of ownership rights and entitlement to receive compensation from the Government of Kenya arising from compulsory acquisition of a portion of property for construction of the Standard Gauge Railways. We managed to strike out a number of suits by asserting our client’s indefeasible title to the property and secured a favourable outcome for the client;
Acted for a party (name withheld for confidential reasons) in challenging an assessment of tax at the Tax Appeals Tribunal where the tax claimed was in excess of Kshs 200,000,000.00 including the interest and penalties. We assisted the client in negotiating and arriving at a mutually acceptable settlement resolving what was otherwise a fundamental threat and risk to the client’s commercial survival.