James Muthui

Email: JMuthui@kapstrat.com
Position: Partner
Practice Area: Arbitration & Mediation | Environmental & Conservation Law | Litigation

James Muthui is an Advocate of the High Court of Kenya, admitted in 2003. His main area of practice is commercial and civil litigation in the following areas: land disputes, energy and construction projects, banking law, environmental & conservation law, arbitration and mediation and other general commercial areas.

James handles matters in the Supreme Court, Court of Appeal, the High Court, The Industrial Court and Tribunals

• Advocate of the High court of Kenya – 2003
• Commissioner for Oaths -2007
• Patent Agent, Kenya Industrial Property Institute 2012

• English
• Swahili

• Successfully represented a claimant in an action against the state over a commercial building in Nairobi the title of which was fraudulently and illegally issued to other parties.
• Successfully defended an international conservation organization in a class action over the ownership of land that is part of a sensitive migratory wildlife corridor.
• Representing a claimant in a claim for a sum of Euros 30 million plus damages against a state corporation arising from illegal and wrongful termination of an EPC contract.
• Representing a contractor in a dispute arising from the termination of an EPC contract for the construction of a 428km power transmission line on account of alleged breach of the terms of the contract.
• Defending a claim for Euros 18.5 million and Ksh 138 million together instituted by a bank in respect of performance and advance payment guarantees and securities arising from the termination of an EPC contract and assignment under the Movable Property Security Rights, Act No 13 of 2017.
• Successfully represented a claimant in a dispute relating to breach of a joint venture agreement for importation of goods worth more than Ksh 2 billion.
• Successfully defended an international trade’s claim arising from importation of goods under INCOTERMS
• Advising and representing a public listed company on the enforcement of options granted to senior employees worth Approximately Ksh 700 million
• Successfully defended a leading insurance company in a labour and employment dispute instituted by a former Managing Director, seeking about Ksh 140 million as compensation for wrongful dismissal.
• Defending an international African Health Development and Research Non-Profit Organization with its head office in Nairobi Kenya in a labour and employment dispute instituted by its former Corporate Finance Manager seeking reinstatement and monetary compensation for alleged unfair termination of her employment.
• Successfully defended a bank and its Managing Director in a dispute arising from a cross border acquisition transaction and exercise of pre-emption rights of minority shareholders.
• Successfully defended a public listed company in a labour and employment dispute instituted by a former Managing Director challenging his dismissal from employment on account of fraud and breach of fiduciary duty by directors of the company in a property buying scheme.
• Enforcement of securities on behalf of major international and local lenders/banks.
  Advising and representing clients in various land and property disputes including claims for adverse possession, illegal allocation and fraud.
• Advising and representing clients in various legal actions arising from labour and employment disputes.
• Advising and representing clients in legal actions for protection of trademarks by counterfeiting entities including actions for infringement.