Biography

Irene a partner at Munyao Muthama and Kashindi Advocates with close to 15 years’ experience as a practicing advocate. She was until June 2018 a partner at Hamilton Harrison & Mathews.

She have a wealth of experience in commercial and civil litigation as well arbitration. She has represented and advised a diverse portfolio of local and international clients in disputes filed before all the courts in our legal system including the Court of Appeal and the Supreme Court as well as key statutory tribunals and bodies.

She has significant and distinguished experience in employment and labour relations matters. She is well versed in contentious and non- contentious mandates and she handles several highly contentious and involving litigation. She handles all aspects of employment and labour law including but not limited to: summary dismissals, constructive dismissals, redundancies, outsourcing, post-termination restrictions, discrimination, labour related constitutional matters, work injury compensation claims, employee benefits, review and drafting of contracts and policies, occupational and workplace safety and health laws among others.

She had consistently been top ranked in Band 1 by the reputable, Chambers and Partners global guide from 2017 to date in the employment practice area where she has been described as ““Irene Kashindi is widely lauded as one of the employment field's most prominent lawyers, with a practice encompassing contentious and non-contentious work.” She is "excellent," "She is informed, professional and proactive", “a formidable employment lawyer with significant contentious and non-contentious mandates” “She is particularly in demand in employment litigation.” “She's prominent in the area and has had a lot of matters in the employment courts. She's top tier for level of preparation, expertise and attention to detail." "Seasoned in both research and argument and inspires confidence in her clients," "very warm personality clothed with lots of intelligence." "Thorough and very professional" and appreciate her for going "above and beyond what is required.” "Irene Kashindi is just a gem. She knows her laws, keeping abreast with them, and keeps us in check, which is her greatest strength.”

She was also recognized by Legal 500, another leading international legal directory, from 2018 to date which noted top-tier labour lawyer and lauded her as “a recognized employment specialist, covering both contentious and non-contentious matters. “Provides balanced, detailed and relevant legal counsel on matters that are forwarded to her. She also provides this within a pretty short time and we are all happy with her turnaround times. She also has in-depth hands-on experience dealing with emerging issues and this makes her stand tall. She is the go-to advocate for us for all matters employment law and labour relations.”

She is a co-author the Kashindi’s Digest of Employment Cases, which is collection of carefully selected and digested key labour law judicial precedents in Kenya.

She is the Law Society of Kenya representative in the Employment and Labour Relations Court Rules Committee which has the mandate to review and make rules of procedure for the labour court.

She has been a resource person and facilitator and has appeared as a speaker and trainer in labour law matters at Law Society of Kenya CPDs programmes, Kenya Judiciary Academy , private clients training events among as other seminars and conferences.

She was the recipient of the Lawyer of the Year (2 nd Runner’s up) Award by LSK Nairobi Branch in 2020. She have also been involved in notable and important litigation in the country and was the recipient of International Law Office Client Choice Awards 2018 for Litigation.

Irene is all rounded with considerable experience in other areas of law particular tax, corporate insolvency judicial review, constitutional law public procurement and PPPs. She is currently a Board member of the Public Procurement and Asset Review Board (2020 to 2023) which adjudicates public tender disputes.

She an active member of the Sacred Heart Girls Mukumu Alumni Association that runs a mentorship programme for the students as well as an endowment fund for needy students. She is passionate about mentoring young women. She is also a member of the Women's Law Network, a global network of women lawyers that among other things, represents and supports the growth of professional women in the legal industry.

Educational and professional qualifications

• Master’s Degree in law (Financial Services Law), University of Nairobi 2011
• Admitted as an Advocate of the High Court of Kenya, 2008
• Diploma in Law, Kenya School of Law 2007
• Bachelor of Laws, University of Nairobi 2006
• FCIArb-2023

Membership in professional associations

• Law Society of Kenya
• Fellow, Chartered Institute of Arbitrators (Kenya Branch)

Career history

• Partner: Munyao Muthama & Kashindi, July 2018 to date
• Partner: Hamilton Harrison & Mathews, January 2014- June 2018
• Associate: Hamilton Harrison & Mathews, 2007 to 2013
• Pupilage: Hamilton Harrison & Mathews, 2006 to 2007

Certifications and Accolades

• Chambers and Partners 2017-2023, top ranked in Band 1, Employment.
• Legal 500 -2018 to 2022: Recommended Lawyer, Employment (Kenya)
• Recipient of the International Law Office Client Choice Awards 2018 for Litigation.
• 2 nd runners’ up – Lawyer of the Year, Nairobi Legal Awards 2020

Work Highlights

Employment and labour relations

• Acting for Diani Reef Beach Resort & Spa, a five-star hotel situated in Diani along the Kenyan South Coast in successfully prosecuting appeal in the Court of Appeal and Supreme Court relating to claims made by over 70 former employees of a company from whom the client acquired the hotel.
• Successfully defended the National Hospital Insurance Fund (NHIF), a statutory body whose mandate is to provide insurance at national level, in three high value employment disputes that resulted from separation of three senior managers from the organization through dismissals.
• Advised Safaricom PLC regarding termination of employment senior employees and acting for it in defending a number of employment claims relating to termination of employment in various courts.
• Acting for Unilever Kenya Limited in defending a number of employment claims relating to termination of employment and workplace injury claims in various courts.
• Successfully defended a leading university in a claim by a former senior staff of the University. The former employee’s claim was for alleged constructive dismissal allegedly caused by unfair treatment, discrimination, frustration and false allegations.
• Advising a multi-national corporation dealing with the manufacture of fast- moving consumer goods, headquartered in the United Kingdom and with presence in Kenya and East Africa among other countries, on several legal issues including advice on redundancy outsourcing, review of contracts of employment, review and advice on recognition and collective bargaining agreement and employee policies.
• Acting for National Government Constituency Development Fund Board in suits instituted by its former managers who were implicated and were suspected to have been involved in fraudulent activities which led to loss of substantial amounts of money.
• Acting for a premier hotel in the city of Nairobi, in an employment claim instituted by the client’s former Human Resource Manager who resigned in the course of disciplinary proceedings after he was accused of sexually abusing a junior employee.
• Recently represented a leading tea producer in Kenya in amicably settling a case instituted by 7 of its former employers after termination of their employment on account of redundancy and also giving advisory services relating to employee separation processes.
• Representing a high-profile international school on claims made by local teachers on alleged discrimination concerning tax treatment of local vis-à-vis foreign teachers.
• Representing a State Corporation in defending in a very contentious Petition where a former Chief Executive Officer sought reinstatement to his previous contract after his contract expired.
• Successfully defended a County Assembly in proceedings instituted by a member of County Executive to challenge his impeachment.
• Successfully defended the Independent Electoral & Boundaries Commission in a claim by a union that was pursuing recognition for purposes of collective bargaining where the threshold had not been met.
• Represented a leading audit firm (one of the “Big Four”) in arbitration proceedings in a claim instituted by a former Chief Executive Officer.
• Acting as a sole arbitrator in a directly appointed arbitration in employment disputes.
• Participated in various cases under the court annexed mediation leading to settlement of disputes out of court.
• Advising a leading telecommunications company in a contentious issue relating to the gig economy and the implications of the decision rendered by the Supreme Court of the United Kingdom against Uber in February 2021.
• Represented a top-tier bank in Kenya in a highly contentious employment dispute brought by 20 former employees of the bank both at the trial and appellate stages. The claims against the bank succeeded at the trial stage and the claimants were awarded substantial damages a large portion of which was overturned on appeal. The dispute addressed key employment and labour principles touching on collective bargaining, redundancy and employee benefits.
• Representing the Institute of Certified Public Accountants of Kenya in successfully defending suits instituted by its former senior managers challenging their termination of employment in which they claimed substantial amounts of damages.
• Regularly advised two firms which are related UK and Kenyan charitable organizations since the establishment of operations in Kenya on many aspects of employment and labour relations. I extensively reviewed the entities’ human resources manual, policies, code of conduct and procedures for their operations in Kenya. I carried out a sensitization seminar to their staff on anti-bribery and anti-corruption, anti-money laundering, and anti- fraud policies which were particularly important noting recent legislation in Kenya touching on these policies.
• Advised on certain employment aspects including the transfer of employees from one entity to another, of a multi-million cross-border merger and acquisition of a business division of a multinational corporation operating in various countries including Kenya, by an entity headquartered in the United States of America.
• Representing and advising an array of local and international clients drawn from diverse sectors on a wide spectrum of non-contentious employment and labour relations mandates touching on nearly all key aspects of employment and labour related matters including; advice on termination and dismissals, restructuring and redundancy, transfer of employment, managing employee exits, post-termination restrictions, secondment, outsourcing, recognition of employee unions, reviewing, drafting and negotiating collective bargaining agreements, policy and contract drafting and review, among others.
• The clients include but are not limited to the following:- Safaricom PLC, Unilever Kenya Limited, Henkel Kenya Limited, Action Aid, Sight Savers International, Ernst and Young, Kenya Commercial Bank, National Bank of Kenya, National Hospital Insurance Fund, Huawei Technologies Kenya Limited, I & M Bank Kenya Limited, Aga Khan University Hospital, The Nairobi Hospital, Diversey East and Central Africa, APA Insurance Limited, AAR Insurance Limited, Bank of Africa Kenya Limited, Deloitte LLP (UK), Ethics and Anti-Corruption Commission, among others.

Public Procurement and PPP disputes

• Part of the team that successfully defended the winning bidder in the Lamu Coal power plant project, which was valued at over Kshs170 billion, in challenges made against the award of the tender, before the PPP Petition Committee and the High Court. This project is projected to generate 1050 MW of power and is one of its kind in the region.
• Part of the team that represented the Ministry of Education in challenges made against the award of the laptop tender, which was valued at over Kshs 25 billion, before the Public Administrative Appeals Review Board, the High Court, and the Court of Appeal.
• Part of the team that successfully defended China Road and Bridge Corporation in a constitutional petition filed to challenge the tender for Phase 1 of the standard gauge railway project valued at over Kshs 370 billion. This is one of the single largest procurement in the country since independence.
• Part of the team that successfully defended China Road and Bridge Corporation in a Involved in representing the Kenya Electricity Generating Company before the Public Procurement Administrative Review Board, the High Court, and the Court of Appeal in various tender disputes. Some of the notable matters Irene was involved in related to the following tenders: the Kshs 52 billion tender for the Leasing of 50MW Wellheads Geothermal Power Generation Units at Olkaria geothermal field; the tender for the procurement of the design, supply and installation of the Olkaria IV And Olkaria 1 Additional Units involving the generation of 280 MW.
• Involved in representing the Kenya Power and Lighting Company before the Public Procurement Administrative Review Board, the High Court and the Court of Appeal in various tender disputes. Some of the notable matters Irene was involved in related to the following tenders: tender for the replacement/upgrade and expansion of the Supervisory Control And Data Acquisition and Energy Management System (SCADA/EMS), the tender for an 80-90 MW Power generating Plant at Rabai, Mombasa.
• Part of the team that represented the successful bidder in successfully defending an appeal filed before the Public Procurement Appeals Review Board regarding the tender valued at approximately Kshs 15 billion for provision of medical cover to the Teachers Service Commission.
• Successfully represented Cosmos Limited before the Public Procurement Administrative Review Board in a tender dispute with Kenya Medical Agency relating to supply of certain drugs valued at over Kshs 120 million.
• Represented a trading company specializing in the procurement of a wide range of engineering and technical services in a tender dispute with Kenya Railways Corporation relating to the supply of a track recording car valued at over Kshs 500 million.

Tax and revenue

• Acted for two leading players in the pharmaceutical industry in consolidated judicial review proceedings challenging substantial tax demands made by Kenya Revenue Authority against key pharmaceutical manufacturing companies. The matter affected the entire industry and had a cumulative tax exposure of over Kshs 2 billion. The court made useful findings on what should happen if Kenya Revenue Authority delays in demanding taxes as a result of which a taxpayer loses recourse or other benefits.
• Involved in successfully challenging a demand of over US$ 500,000 by Kenya Revenue Authority made against a global footwear and fashion manufacturer arising from an assessment of taxes from royalties. The case dealt with the issue as to whether royalties should be added to the custom value of imported goods for purposes of assessing customs duty. This is one of the first cases in which the court addressed the issue.
• Involved in representing a multinational construction firm undertaking large projects in Kenya on a tax demand by Kenya Revenue Authority for over US $ 5 million which was ultimately resolved leading to Kenya Revenue Authority withdrawing its demand.
• Part of the team which successfully petitioned the Constitutional Court to compel Kenya Revenue Authority to process Value Added Tax refunds totalling over US$ 9 million owing to a major player in the Information and Communications Technology industry.
• Involved in acting for a global manufacturer of healthcare products and consumer goods in successfully challenging by way of a constitutional petition, an assessment totalling over US$ 3.8 Million relating to Corporation Tax and Excise Duty. The main issue for determination was the liability of a taxpayer for fraudulent entries made by clearing agents.
• Part of the team which successfully challenged by way of judicial review an assessment of over US$ 800,000 raised by the KRA on a leading player in the agricultural sector. The issue in dispute was liability of a fraudulent clearing agent who appeared not to have remitted the tax in question to KRA.

Commercial and civil litigation

• Part of the team that represented a leading player in the tobacco industry before the High Court, Court of Appeal and the Supreme Court in challenging the lawfulness and constitutionality of certain regulations introduced in the tobacco industry which for the first time, provide for graphic health warnings, restrict and limit interactions between the tobacco industry and public officers and require tobacco manufactures to pay a solatium compensation levy. The litigation dealt with key administrative and constitutional law matters and the interpretation of the Statutory Instruments Act.
• Represented the Kenya Wildlife Service in several matters instituted before the National Environmental Tribunal and the High Court challenging the construction of phase 2A of the Standard Gauge Railway project (SGR). The entire phase 2A of the project is valued at Kshs 105 billion. Part of the challenge involved the proposal to route the railway line through the famous Nairobi National Park.
• Represented the Kenya Wildlife Service in the Supreme Court of Kenya in an appeal arising from a claim for substantial damages for loss occasioned to farmers’ crops by wildlife which had migrated from the Serengeti National Park in Tanzania to the Maasai Mara Game Reserve in Kenya. The matter raised a novel issue as to whether common law can apply to grant a remedy where a statute imposes a duty but does not provide a remedy if the statutory duty is breached. The Supreme Court’s decision addressed and pointed out key areas for legal reform in the sector.
• Represented and advised leading insurance companies in many aspects of insurance law arising or relating to a wide variety of policies including but not limited to general liability, professional liability, fidelity guarantee, common carriage and goods in transit, life insurance, employers’ liability, work injury benefits/workman compensation, property insurance, motor insurance, performance bonds among others. Irene’s work included representing the insurance companies in declaratory suits and primary suits both in first- and third-party settings.
• Part of the team that represented one of the leading private hospitals in the country in defending substantial professional negligence claims some of which dealt with highly contentious matters.