Work Highlights
Selected past work highlights on Employment and labour relations
- Acted for Diani Reef Beach Resort & Spa, a five-star hotel situated in Diani along the Kenyan South Coast in successfully prosecuting appeals in the Court of Appeal and the Supreme Court relating to claims made by over 70 former employees of a company from whom the client acquired the hotel.
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- Advised and represented leading blue-chip corporates in the region such as Safaricom PLC, Unilever Kenya Limited, PZ Cussons East Africa Limited, Johnson Diversey East and Central Africa, DHL Forwarding, DHL Worldwide Express, Huawei Technologies Kenya Limited, Proto Energy, Britam Holdings, Coca Cola Beverages Kenya Limited, Janus Continental Group, WPP Scangroup among others in an array of labour law advisory and litigation matters.
- Acting for and advising a number of top- tier and leading banks including KCB Bank Limited, National Bank of Kenya Limited, Bank of Africa, Sidian Bank among others on an array of advisory and litigation matters, including on termination of employment, managing employee discipline, inhouse training on labour law matters, constitutional claims among others.
- Acted for leading hospitals in the region including the Aga Khan University Hospital and the Nairobi Hospital in an array of labour law disputes as well as advisory and training services on key employment matters.
- Successfully defended Kenya Couch Industries in a claim brought by a workers’ union on behalf of over 100 unionisable employees whose roles were declared redundant
- Acted for the Moi Teaching and Referral Hospital in defending a highly contentious petition challenging the recruitment of its CEO.
- Advising a leading American AI/digital company in a cross-border employment and labour relations dispute.
- Successfully defended the National Hospital Insurance Fund (NHIF in three high value employment disputes that resulted from separation of three senior managers from the organization through dismissals.
- Successfully defended a leading university in a claim by a former senior staff of the University for alleged constructive dismissal allegedly caused by unfair treatment, discrimination, frustration and false allegations.
- Advising a UK head-quartered multi-national corporation dealing with the manufacture of fast–moving consumer goods 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.
- Acted for National Government Constituency Development Fund Board in suits instituted by its former managers who were implicated and were suspected of involvement in in fraudulent activities which led to loss of substantial amounts of money.
- Acted for a premier hotel in the city of Nairobi, in successfully defending 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 having sexually abused a junior employee.
- Represented the Greenbelt Movement, a non-governmental organization founded by the late Nobel Laureate Prof. Wangari Mathai, in high profile employment matters filed by two of its previous staff members for alleged wrongful and unlawful termination of their employment
- Successfully defended Kenya Civil Aviation Authority, the regulator of the aviation sector in a case in which it was sued by a workers’ union.
- 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.
- Represented 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.
- Successfully resolved several labour law disputes out of court on behalf of an entity headquartered in Brazil.
- Advised 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.
- 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.
- Advised a multi-national corporation operating in Kenya and dealing with the manufacture of fast-moving consumer goods in outsourcing some of its key functions and handling a union resistance.
- Advised various 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 and drafting collective bargaining agreements, policy and contract drafting and review, among others. Representing and advising an array of clients from varied sectors including in complex and involving labour law matters.
Selected past work highlights on PPPs and Public Procurement
- Presided as a Board member of the Public Procurement Administrative Review Board from November 2020 to November 2023 in the determination of approximately one third of the over 400 tender disputes filed during that period before the Board. For more details, see the reported decisions here. https://ppra.go.ke/arb-decisions/
- Part of the team that 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 (Petition 1 of 2014- which was the first petition to be heard after the establishment of the Committee) and the High Court (HCIG-Energy Investment Co. Ltd and Liketh Investment Kenya Limited (HCIG Consortium) v Ministry of Energy & Petroleum Contracting Authority & 5 others [2014] eKLR).
- Involved in various disputes relating to a PPP agreement between Adopt-A-Light and the City Council of Nairobi including in;
- Adopt -A- Light Limited v Magnate Ventures Limited and 3 Others Court of Appeal Civil Appeal Number 159 of 2009 [2009]eKLR 56
- Adopt -A- Light Limited v Magnate Ventures Limited and 3 Others Court of Appeal Civil Appeal No 254 of 2009
- Adopt -A- Light Limited v Magnate Ventures Limited and 3 Others High Court Civil Case No. 637 of 2006
- Magnate Venture Ltd and Others v Adopt-A-Light and Another High Court Civil Case No. 708 of 2008
- Part of the team that acted for one of the parties in a PPP dispute in the case of Kenya Airports Parking Services Ltd and Another v The Municipal Council of Mombasa High Court Civil Case Number 434 of 2009 (unreported)
- Part of the team that represented the Ministry of Education in disputes related to the tender for supply of laptop which tender was valued at over Kshs 25 billion, before the Public Administrative Appeals Review Board (PPARB Applications 3 and 4 of 2014 Hewlet-Plackard Europe BV Amsterdam Meyrin Branch & Another v Ministry of Education, Science and Technology), the High Court (Republic v Public Procurement Administrative Review Board & 3 others Ex-Parte Olive Telecommunication PVT Limited [2014] eKLR) and the Court of Appeal (settled out of court).
- Part of the team that defended China Road and Bridge Corporation in a constitutional petition filed in the High Court (Okiya Omtatah Okoiti & 2 others v Attorney General & 3 others [2014] eKLR ) to challenge the tender for Phase 1 of the Standard Gauge Railway project valued at over Kshs 370 billion one of the single largest procurement in the country since independence.
- 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 I was involved in were as follows:
- PPARB 36 of 2019 Jilk Construction Company Limited v Kenya Electricity Generating Company Limited relating to a tender for civil and mechanical works for Wanjii Power Station. The request for review was withdrawn after we filed a response.
- PPARB Application Number 38 of 2015, OJSC Power Machines Limited, Transcentury Limited and Civicon Limited v Kenya Electricity Generating Company Limited and PPARB Application Number 14 of 2016 Rentco East Africa Limited, Lantech Africa Limited and Toshiba Corporation Consortium v Kenya Electricity Generating Company Limited. Both applications related to the tender for the Leasing of 50MW Wellheads Geothermal Power Generation Units at Olkaria geothermal field.
- Involved in the foregoing dispute as was litigated in the High Court in OJSC Power Machines Limited, Trancentury Limited & another (Acting jointly as A Consortium/Joint Venture v Public Procurement Administrative Review Board & 2 others [2016] eKLR, Republic v Public Procurement Administrative Review Board Ex parte Kenya Electricity Generating Company Limited (KENGEN) & 3 others [2016] eKLR and OJSC Power Machines Limited, Trancentury Limited, and Civicon Limited (Consortium) v Public Procurement Administrative Review Board; Kenya Electricity Generating Company Limited & another (Interested Parties) [2019] eKLR
- PPARB Application Number 29 of 2014 Matrix Vision Systems v Kenya Electricity Generating Company Limited which related to the tender for the supply, installation and commissioning of access control systems.
- PPARB Application Number 25 of 2011 Consortium of Mitsubishi Heavy Industries Limited , Mitsubishi Corporation v Kenya Electricity Generating Company Limited which related to 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.
- PPARB Application Number 39 of 2011 Riley Falcon Security Services Limited versus Kenya Electricity Generating Company Limited regarding a tender for provision of security services.
- PPARB Application 45 of 2011 Enterprise Information Management Solutions Limited v Kenya Electricity Generating Company Limited which related to the tender for procurement of Systems Analysis Programming (SAP) Enterprise Resource Planning( ERP)
- PPARB Application Number 51 of 2009 Inter Security Service Limited v. Kenya Electricity Generating Company Limited which related to a tender for Provision of Security Services
- 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:
- PPARB Application Number 58 of 2006 Simba Energy Limited v. Kenya Power & Lighting Company Limited which related to the tender for the supply of an 80-90 MW Power generating Plant at Rabai, Mombasa.
- PPARB Application Number 1 of 2007 Siemens Osakeythio v. Kenya Power & Lighting Company Limited which related to the tender for the Procuring, Constructing and Commissioning of Ngong Road, Westlands and Nairrobi South Substations.
- PPARB Application Number 6 of 2007 Siemens Aktiengesellschaft V Kenya Power & Lighting Company Limited (which related to a tender for -Replacement/Upgrade and Expansion of the SCADA/EMS System. I was also involved in the litigation over the same matter in the High Court in SIEMENS AKTIENGESLELLSCHAGT v KENYA POWER & LIGHTING COMPANY LIMITED & ANOTHER [2007] eKLR.
- PPARB Application Number 4 of 2007 Areva TD Viscas v. Kenya Power & Lighting Company Limited which related to a tender for the replacement, Upgrade and Expansion of the Supervisory Control And Data Acquisition and Energy Management System (SCADA/EMS).
- PPARB Application Number 14 of 2008 Avery (EA) Limited v. Kenya Power & Lighting Company Limited which related to a tender for the Procurement of One Standby 100 KVA generator and associated Transfer Switch at Electricity House Nakuru
- Part of the team that represented the successful bidder in PPARB Application Number 76 of 2016 Clarkson Insurance Brokers Limited v Teachers Service Commission successfully defending an appeal filed before the Public Procurement Appeals Review Board in 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 the Applicant in PPARB Application Number 76 of 2016 Phooltas-Greco-DMA Joint Venture v Kenya Railways Corporation in a tender relating to the supply of a track recording car valued at over Kshs 500 million.
- Represented the Procuring Entity in PPARB Application Number 16 of 2020 Papaton Limited v Accounting Officer Kakamega County and Another relating to a tender for provision of security services.
Selected past work highlights in Alternative Dispute Resolution
- Part of the team that represented KCB Bank and Mumias Sugar Company Limited (in Receivership) in international commercial arbitration proceedings commenced at the International Chamber of Commerce International Court of Arbitration, relating to a credit facility in the sum of USD 35,000,000 advanced towards the building operation and maintenance of a 35-megawatt bagasse-based cogeneration plant. Also, part of the team representing the same clients in an anti-arbitration suit filed in the High Court to challenge the ICC arbitration.
- Team leader in representing a party in a London Court of International Arbitration (LCIA) arbitration, in collaboration with a Mauritius law firm. This was an international commercial arbitration relating to a dispute on an alleged breach of contract of a reseller agreement entered with a Mauritius-incorporated entity and a Kenyan entity.
- Part of a team that represented a regulator in the ICT space in defending two multi-million arbitration claims.
- Represented a leading audit firm (one of the “Big Four”) in arbitration proceedings in a claim instituted by a former Chief Executive Officer.
- Representing parties in conciliation disputes under the Labour Relations Act.
- Participated in various cases under the court annexed mediation leading to settlement of disputes out of court.
- Acting as a sole arbitrator in a directly appointed arbitration in employment disputes.
Selected Past work highlights on commercial and civil litigation
- Part of the team representing the Energy and Petroleum Regulatory Authority against representative/class action public interest and consumer protection related claims made against the regulator and other players such as Kenya Power and Lighting PLC in the sector concerning several issues touching on electric power billing tariffs among other issues. The value of some of the matters in contention is over KShs 10 billion. The matter was settled out of court.
- Part of the team that represented KCB Bank Limited in contentious multi-billion corporate insolvency disputes touching on admiration and receivership of Mumias Sugar Company Limited.
- Represented the Export Processing Zone in contentious disputes relating to ownership and of multi-billion infrastructural installations.
- 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, 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.
Selected past work highlights on Tax disputes
- 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.