Work Highlights
Constitutional Litigation
- Part of the team of advocates that successfully represented H.E. Uhuru Kenyatta in his personal capacity in the Building Bridges Initiative (BBI) appeals in the Court of Appeal and the Supreme Court on the question of presidential immunity.
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- Part of the team that represented the Attorney General in Supreme Court Reference No. 3 of 2019, a reference for advisory opinion on various issues relating to division of revenue between the National Government and the County Governments, and the role of the Commission on Revenue Allocation.
- Part of the team of advocates that represented the Public Service Commission and the Office of the Attorney General in Nairobi High Court Constitutional Petitions No. 33 and 42 of 2018 (Consolidated), which challenged the constitutionality of the position of Chief Administrative Secretary (CAS) and the appointment of various Cabinet Secretaries and Principal Secretaries who had served in President Kenyatta’s first term without vetting during the President’s second term in office. Also acted in the application for stay of execution, being Nairobi Court of Appeal Civil Appeal (Application) No. E131 of 2021.
- Part of the team of advocates that represented the Energy and Petroleum Authority (EPRA) in Nairobi High Court Petition No. 303 of 2018 which challenged the constitutionality of imposing VAT on petroleum products at 16% by the Finance Act, 2018. Among the issues raised and determined in the petition were the doctrines of mootness and separation of powers.
- Part of the team that represented British American Tobacco Kenya PLC in a petition filed in the High Court to challenge the constitutionality of the Tobacco Control Regulations, 2014 and in the subsequent appeals to the Court of Appeal and the Supreme Court. The Regulations, inter alia, introduced graphic health warnings, required product and market disclosures that included trade secrets and other intellectual property rights, restricted interactions between the tobacco industry and public authorities, and introduced a solatium compensatory contribution to paid by tobacco manufacturers and importers.
- Involved in representing a former Chief Registrar of the Judiciary in an appeal to the Supreme Court relating to her removal as CRJ.
- Involved in advising and representing three major Kenyan media houses in proceedings before the Court of Appeal and Supreme Court on various constitutional, intellectual property and media law issues which arose in the context of Kenya’s migration from analogue terrestrial television to digital terrestrial television (more commonly referred to as the “Digital Migration Case”).
Company and Insolvency Law
- Part of the team that represented KCB Bank Kenya Limited and its appointed receiver and manager of Mumias Sugar Company Limited in Nairobi High Court Insolvency Petitions No. E004 and E007 of 2019 and other multi-billion shillings disputes relating to the receivership and subsequent administration of the company, including appeals to the Court of Appeal.
- Advised and acted for the National Bank of Kenya Limited in the appointment of a receiver and manager over the business of Sovereign Hotel Limited, Kisumu. Also represented the bank and its appointed receiver and manager in various cases relating to the receivership in the High Court and the Court of Appeal.
- Part of the team advising and representing the administrator of Mark Prime Properties Limited in the insolvency proceedings and other related matters.
- Part of the team that advised I&M Bank Limited in the appointment of an administrator of Mastermind Tobacco (K) Limited.
Tax Litigation
- Represented Mumias Sugar Company Limited (in receivership) at the Tax Appeals Tribunal and the High Court in challenging a tax demand of over Kshs. 7 billion made by Kenya Revenue Authority (KRA) in respect of back taxes allegedly owed for the period prior to the company being placed under receivership.
- Represented an international school providing Scandinavian curriculum in two separate tax disputes at the High Court and the Tax Appeals Tribunal relating to tax assessments in the total sum of over Kshs. 500 million. The school pleaded tax exemptions under various bilateral agreements granting exemption on personal income tax for its expatriate teachers. We successfully negotiated settlement of the disputes through the KRA ADR process, leading to a NIL assessment for the High Court matter.
- Part of the team that represented Chai Trading Company Limited in proceedings at the High Court to lift a preservation order that had been obtained by KRA in relation to an alleged tax liability of over Kshs. 2.5 billion.
- Part of the team that represented Tea Machinery Engineering Company Limited in proceedings at the High Court to lift a preservation order that had been obtained by KRA in relation to an alleged tax liability of nearly Kshs. 100 million.
- Represented a client in successfully defending an appeal filed by KRA at the High Court, following a successful challenge at the Tax Appeals Tribunal of a demand by KRA for withholding tax on deemed interest. The matter involved, inter alia, deemed interest in taxation and the burden and standard of proof in tax litigation.
- Successfully represented Sakata Limited at the Tax Appeals Tribunal in disputing a coporation tax assessment of over Kshs. 50 million by demonstrating that KRA disallowed legitimate business purchases incurred by the client.
Environment and Land Law
- Represented the Kenya Wildlife Service in a dispute at the Environment and Land Court in Machakos regarding the occupation and use of over 73,000 hectares of land in the Mikululo area constituting part of the Chyulu Hills National Park, and in an application in the Court of Appeal for stay of execution pending appeal.
- Represented LAPFUND in a suit filed at the Environment and Land Court in Nairobi challenging its ownership of some 2.7 hectares of land in the Bellevue Area of Nairobi and its use of the land for a multibillion-shilling development of over 2,300 residential units and other facilities.
- Represented the Export Processing Zones Authority in contentious disputes relating to ownership and use of multibillion shillings worth of infrastructural installations, including water infrastructure.
Intellectual property advisory and litigation
- Advised an international manufacturer of a popular brand of energy drinks on anti-counterfeit, trademark infringement, and passing off laws, and instituted action (by counterclaim) for trademark infringement and passing off against an entity that was manufacturing and distributing counterfeit energy drinks using a name and packaging that were similar to the client’s. Successfully obtained interlocutory mandatory and prohibitory injunctions stopping the infringing entity from manufacturing, offering for sale and advertising the counterfeit energy drinks and compelling them to remove the counterfeit energy drinks from distribution, including from retail outlets.
- Acted for KCB Bank Kenya Limited in successfully defending a patent infringement claim filed at the Industrial Property Tribunal (IPT) by a requester/applicant alleging that the Fuliza M-PESA product (a mobile money overdraft product developed and offered by Safaricom PLC, NCBA Bank Kenya PLC, and KCB Bank Kenya Limited) infringes his patent for ‘Virtual Bank Account Management’. The IPT dismissed the requester’s infringement action and upheld the respondents’ revocation actions by revoking the requester’s patent.
- Advised a manufacturer/importer of confectionery products on trademark infringement and passing off claims regarding the packaging of some of its products sold in the East African region, responded to cease-and-desist letters issued against it, and representing it in successful settlement negotiations to resolve the disputes.
- Advised an apparel designer in a passing off claim alleging copying of another designer’s original designs, responded to a cease-and-desist letter on their behalf, and successfully negotiated a settlement agreement resolving the dispute.
- Represented a multinational provider of mobile technology financial services in court and mediation proceedings arising from a dispute over ownership of software developed for its use by a consultant following the termination of the agreement with the consultant.
Alternative Dispute Resolution
- Represented the Communications Authority of Kenya in two arbitral proceedings worth a combined sum of nearly Kshs. 1 billion relating to disputes arising from contracts for supply, installation, testing, commissioning and maintenance of internet connectivity for selected secondary schools under the education broadband connectivity project sponsored by the Universal Services Fund.
- Represented the Association of Kenya Insurers in arbitral proceedings regarding a dispute over the performance of a bespoke software development agreement for the development of an integrated motor insurance database system, including proceedings for the enforcement of the arbitral award.
- Part of the team that acted for KCB Bank Kenya PLC and Mumias Sugar Company Limited (in Receivership) in international commercial arbitration proceedings commenced at the ICC 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.
- Represented a manufacturer/importer of confectionery products in negotiating a settlement agreement following a trademark infringement and passing off dispute.
- Represented a multinational provider of mobile technology financial services in mediation proceedings arising from a dispute over ownership of software developed for its use by a consultant, and successfully negotiated a settlement agreement.
- Serving as an arbitrator in various arbitral proceedings.
Commercial and Civil Litigation
- Representing various banks in debt recovery matters relating to enforcement of securities, including debentures, charges, and guarantees.
- Successfully represented the National Bank of Kenya Limited in proceedings challenging its exercise of power of sale in relation to property charged as security for credit facilities advanced to Sovereign Hotel Limited.
- Advised a multinational provider of mobile technology financial services, which provides airtime credit and micro loans in conjunction with mobile telephone service providers in over 21 jurisdictions around the world, and represented it in court and mediation proceedings arising from a dispute with the developer of a software used for reconciliation of the client’s records vis-à-vis the records of the mobile telephone service providers. The dispute revolved around alleged breach of contract (non-payment for services rendered) and the ownership of the intellectual property in the software.
- Represented a leading Kenyan media company in defending various defamation actions arising from articles published in its newspaper.
Select publications
- Kenya: An Introduction to Dispute Resolution, Chambers and Partners, February 2022
- Supreme Court Sets the Principles for Recusal of Judges, The Advocate (The LSK Magazine), Vol. 1, Issue 13 (AGM Edition), 2020
- Choosing Between Arbitration and Litigation: Is the Alternative Always Appropriate?, Platform Magazine, No. 51(2), February 2020
- Protection of Well-Known Trademarks, The Advocate (The LSK Magazine),Vol. 1, Issue 10 (AGM Edition), 2018
- Courts’ Approach to Post-2010 Petitions for Enforcement of Rights, LSK Journal 13(1) (2017)
- The Right of Publicity, and the Need for its Legislation in Kenya, Platform Magazine, No. 25/26, December 2016 – January 2017
- Reassessing the Justifiability of the Criminalization of Prostitution in the United States of America, SSRN, May 2016
- Overview of Arbitration in Kenya (Academia.edu)
- Drastic Changes to Requirements for Registration of Foreign Companies in Kenya, JURIST-Student Commentary, December 12, 2015
- The “Must-Carry” Rule in Television Broadcasting: The Kenyan Situation, HH&M Newsletter, May 2015
Select presentations
- Presenter, “Insolvency Law and Practice”, at a Webinar on Insolvency Law with Special Focus on Receivership and Administration hosted by TCA, April 18, 2024
- Presenter, “Introduction to Arbitration”, at a Webinar hosted by TCA, March, 26, 2024
- Presenter/Trainer, “Litigation Management”, at the Litigation, Contracts and Compliance Management Training for National Assembly Legal Counsel from the Directorate of Litigation and Compliance, Arusha, Tanzania, December 11-15, 2023
- Presenter/Trainer, “Alternative Dispute Resolution”, at the Litigation, Contracts and Compliance Management Training for National Assembly Legal Counsel from the Directorate of Litigation and Compliance, Arusha, Tanzania, December 11-15, 2023
- Presenter, “Defamation Law, Intellectual Property and Right to Privacy Concerns in Journalism”, at a Workshop organised by Radio Africa Group for training of its editors, November 19, 2022
- Presenter, “Recognition and Enforcement of Arbitral Awards in Kenya”, at a Webinar on Recognition and Enforcement of Arbitral Awards in Africa hosted by the European Branch of the Chartered Institute of Arbitrators, October 27, 2022
- Presenter, “Public Procurement Law in Kenya”, at a Workshop hosted by Huawei Technologies (Kenya) Company Limited, August 19, 2022
- Presenter, “Choosing a Dispute Resolution Mechanism and Drafting Dispute Resolution Agreements”, at an internal training forum for Dentons Hamilton Harrison & Mathews advocates and lawyers, April 24, 2020
- Presenter, “A Case for the Legislation of the Right of Publicity in Kenya,” at the Conference on the Protection of Intellectual Property Rights at Jomo Kenyatta University of Agriculture and Technology, July 13 and 14, 2017
- Presenter, “Defamation and Contempt of Court: How Journalists Should Approach News Reporting to Avoid Conflicts with the Courts,” at Nation Media Group, Nation Centre, November 15, 2016
- Presenter, “Kenya’s Journey in Implementing the 2010 Constitution,” at the Rule of Law Around the World Conference hosted by the Center for International Legal Education at the University of Pittsburgh, Pennsylvania, March 3, 2016