MMK Advocates

PARTNER

Mellap Wataka

Tel : +254 728282703
Email: mellap.wataka@mmkadv.com
Linkedin

Biography

Mellap Wataka is an advocate of the High Court of Kenya with a extensive top-tier legal experience. Mellap has advised both local and international clients at all levels of the courts, including successful representation in complex commercial and employment disputes in the High Court, the Employment and Labour Relations Court and Court of Appeal.

She has also acted for clients in alternative dispute resolution forums including arbitration and mediation. Additionally, Mellap has advised international clients on enforceability of foreign contracts, judgments, and arbitral awards and has vast experience in aviation and marine law.

She also has experience advising on matters in Kenya and overseeing matters in the East African region. She has worked with clients in the energy, financial services, healthcare, insurance, manufacturing, aviation, marine, retail and consumer sectors.

Practice Areas

  • Employment and Labour Relations
  • Civil and Commercial Litigation
  • Alternative Dispute Resolution
  • Constitutional Law

Educational and professional qualifications

  • King’s College London, Master of Law (LLM International Business Law) (Merit)
  • University of Nairobi, Parklands School of Law (LLB) (Upper Second Class Honours)
  • Kenya School of Law, Postgraduate Diploma in Law


Membership in professional associations

  • Law Society of Kenya
  • Recognized as a Top 50 Up-And-Coming Litigation Lawyer 2023 by The Lawyer Africa
  • Acting for a large insurer in a claim for compensation against a regional re-insurer that repudiated the claim of over KES 500 Million. 
  • Successfully acting of for an insurer in claims against insurance brokers for unpaid premiums in excess of KES 50 Million.
  • Advising a large multinational insurer in a repudiated claim by the insurer for over USD 20 Million where investigations had revealed that the insured’s claim was fraudulent.
  • Successfully obtaining conservatory orders against sale of shares to protect the minority shareholders in a regulated financial institution.
  • Successfully defending a large contentious employment claim against a multinational company that was dismissed based on contractual alternative dispute resolution mechanisms.
  • Successfully defending large claims of constructive dismissal and discrimination against an employer in the insurance industry.
  • Successfully defending a claim against large music distribution company for over USD 1 Million for alleged copyright infringement which was dismissed entirely.
  • Successfully defending a claim against a large airline for damages for loss of earnings caused by delay of an international flight by raising limitation under the Montreal Convention.
  • Advising on the application of international conventions and Kenyan law in calculation of damages payable to families of deceased passengers following a fatal accident involving the insured aircraft and advising on the process of negotiating settlements in this regard. 
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