Litigation

We have a substantial litigation practice. Court work occupies the majority of the Litigation Department’s time, but specialists also provide advice and opinions on Kenya law, particularly tax and revenue law. There are 6 litigation partners and several assistants advising on corporate and property litigation, anti-trust (competition) claims, commercial disputes and insolvency. With greater dependence now placed on alternative dispute settlement a number of our lawyers have experience in advising on international arbitration and mediation.

Our lawyers specialise in solving complex business disputes as swiftly and effectively as possible. We aim to provide solutions that ensure the most favourable outcome for our clients and which correspond to their business needs.

We offer the full range of services, with teams specialising in civil litigation, commercial litigation local and international arbitration.

RECENT TRANSACTIONS

Successfully quashed a claim for withholding tax against Barclays Bank of Kenya. The withholding tax claimed was in respect of payments by the Bank to credit card companies.
Successfully prosecuted an appeal on local courts jurisdiction in an international arbitration.
Successfully defended companies in the insurance and cement industries before the Competition Authority of Kenya.
Acting for a leading insurance company in a matter regarding the impugned purchase of property allegedly sold by an unauthorized receiver.
Acting for Communication Authority of Kenya in a dispute regarding the roll out of the digital migration framework in Kenya, in light of the International Telecommunication Union Rules, which require migration within a specific period. The matter has huge implications on the communications sector comprising both civilian and non-civilian communication traffic throughout the country.
We are representing the co-administratrix and beneficiaries of a large estate in protracted proceedings before the probate court, over the deceased’s colossal estate, estimated to be worth billions of Kenya shillings.
Successfully challenged a withholding tax claim made by the Kenya Revenue Authority against Safaricom Limited in respect of payments made by Safaricom to its dealers. The Kenya Revenue Authority withdrew its claim before the case was determined.
We acted for two tea companies (James Finlay and Sotik Tea Company) and successfully uplifted a Government directive restricting the mechanisation of tea plucking procedures.
Kenya Revenue Authority vs. Magadi Soda Co. Limited – A large tax claim by the KRA resisted by the taxpayer. A vast array of complex issues on tax law dealt with.
Appeal to the VAT Tribunal by Barclays Bank against the Commissioner of Domestic Taxes on a VAT claim. The issue to be decided was whether the services provided by Credit Card Companies were financial services and therefore exempt from payment of VAT.
Successfully defended a telecom operator in a Kshs.100,000,000 false claim.
Enforcement of securities on behalf of an international financier. Amount owed USD 3,400,000. Advisory services on debt recovery options. Successfully opposed debtor’s injunction application.
Successfully defended in the Court of Appeal a paternity suit by reliance on DNA evidence in succession proceedings.
Defending a leading pension fund in a billion shilling claim filed by retired employees for retirement benefits which were allegedly calculated wrongly.
Class action representative suit in the High Court. Successfully defended a class action suit by former employees of Unilever Kenya Limited jointly claiming approximately USD 4,200,000.
Kenya Airways vs. JS Cargo Limited. Claim made for breach of an alleged aircraft lease agreement. Subject matter over KES 30 million. JSCargo’s appeal was dismissed.
Kenya Ports Authority vs. Kustron Limited – Claim over KES 400 million. Appeal raising fundamental issues as to the Kenya Ports Authority’s liability to importers where goods are damaged or stolen in transit.
Successfully resisted an appeal before the Public Procurement Board by a losing bidder on the Kindaruma Power Project. The value of the tender was in excess of Euros 40 million.
Acted for Tom Cholmondeley in one of Kenya’s most prominent cases; a murder trial against a white Kenyan aristocrat landowner of British ancestry. Apart from its high profile nature, the trial was mired by numerous interlocutory matters involving complex procedural aspects of the law (constitutional rights, admissibility and inadmissibility of evidence and the conduct of the trial).