Dispute Resolution
Leveraging our expertise to offer practical solutions at the right place
Overview
Conflicts present significant commercial and reputational threats to businesses. Towards disputes facing our clients, we adopt risk management, rather than a winner-takes-it-all, approach, in order to mitigate negative impacts resulting from pro-longed conflicts such as bad publicity and collapse of business relationships. Use of negotiations, mediation and other informal techniques available for resolution of trade and commercial disputes is at the core of our dispute resolution strategy. Where these techniques fail in resolving disputes, our Dispute Resolution Team is well-equipped to aggressively pursue and defend client’s interests. We have a proven track record in handling sensitive, high-value and commercially-important dispute.
Dispute Resolution is a core practice area of our Firm. It features a skilled team of lawyers with expertise and experience in Arbitration, Litigation and Mediation. With commercial, strategic and outcome-focused approach, we have assisted clients to resolve complex disputes. In addition to conducting proceedings at all levels of the court system, the Firm’s Dispute Resolution Practice leverages our multi-disciplinary sector-specific expertise to counsel and represent clients at various statutory tribunals on regulatory and licensing aspects including Communication and Multimedia Appeals Tribunal, Competition Tribunal, Energy Tribunal, Industrial Property Tribunal, National Environment Tribunal, Public Private Partnership Petition Committee, Public Procurement Review Board, Standards Tribunal and Tax Appeals Tribunal. Throughout the disputes cycle, right from their onset to settlement, we keep our client’s objectives and goals in mind and adopt strategies and approaches aimed at minimising business risks associated with adverse outcomes.
Services
- Administration, Insolvency & Receiverships
- Arbitration
- Class Action
- Competition law
- Constitutional & Judicial Review
- Construction
- Contracts
- Criminal law
- Debt Recovery
- Enforcement of Bank Securities
- Environment
- Fraud
- Insurance
- Intellectual property
- Labour and
employment disputes - Procurement
- Property disputes
- Regulatory challenges
- Shareholder Disputes
- Tax Disputes
- Torts
Experience
Representative Transactions
- Acting as counsel in arbitration proceedings for a large group of purchasers and investors in a residential apartments development in a dispute between themselves and the developer over the control and management of the estate and transfer of reversionary interest in the property.
- Representing a large property developer in Kenya in the Commercial and Tax Division of the High Court, with multiple projects, in a multi-layered dispute between the client and a financier.
- Representing a County Government in a constitutional petition raising complex issues touching on the right to a clean environment on the one hand and the right to property on the other and the County mandate to safeguard environmental integrity and standards under the environmental legislation.
- 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, Environment and Land Court, the National Assembly of Kenya, and the National Land Commission, contesting ownership of a high-value industrial property.
- Representing a state-owned enterprise in the Aviation sector in a construction dispute before an arbitral tribunal.
- Successfully acting for a client in the hospitality sector in a high-value property dispute at the Environment and Land Court and in the Court of Appeal.
- Successfully representing a Member of Parliament in an Election Petition filed in the High Court of Kenya, challenging the validity of his election in the 2022 elections, culminating in the dismissal of the Petition with costs.
Key Contacts
Chege Njoroge
Managing Partner
Allan Otieno
Associate Advocate