Practice Areas

COMMERCIAL LITIGATION AND DISPUTE RESOLUTION

Lawyers in the firm have been involved in preparation, research and prosecution of cases in all courts including the Court of Appeal, representing leading banks, insurance companies, employers and large domestic and multinational companies.

Besides being seasoned trial advocates, our founding partner is also a chartered arbitrator. We have adequate capacity to guide clients through litigation and alternative dispute resolution in varied areas including:

  • Shareholder Disputes
  • Construction Disputes
  • Insurance Claims and Settlement
  • Debt Recovery and Realization of Security
  • Labour and Employment Law
  • Public Procurement Law
  • Constitutional and Administrative Law
  • Media, Sports and Entertainment Law
  • Land Disputes
  • Probate and Administration
  • Arbitration
EMPLOYMENT AND LABOR MATTERS

The firm advises and acts for multinational and other large corporate entities in various employment and labor matters including defending claims made against employers by unions, employees, and governmental bodies, and we also perform legal audits to advise on compliance with employment laws. We advise on executive employment contracts, and related matters.

PROPERTY AND REAL ESTATE

The firm has a thriving property conveyancing practice, acting for vendors and purchasers in the acquisition and disposal of residential, commercial, industrial and agricultural properties. We act for landlords and tenants in negotiating, drafting, and registering leases and licenses of various properties. The firm also advises and acts in all the legal aspects of property developments including change of use, conversion of titles, subdivisions and amalgamations, registration of titles for new properties, and related matters. We help clients to replace lost or damaged titles. We also act for clients in property disputes in courts and other forums.

BANK FINANCE

The firm is particularly well placed to handle all aspects of secured lending, ranging from complex multi-jurisdictional and syndicated or club lending transactions to short term lending to SMEs, farmers groups and individual borrowers of consumer loans. We have handled security perfection over land, chattels, motor-vehicles, livestock and crop, stock, accounts, receivables or book debts and a wide array of other tangible and intangible assets.

We also have extensive experience in debt collection and restructuring as well as enforcement of security. The firm is also well placed to help clients manage aspects of risk such as credit risk and operational risk through developing guidelines, policies and procedure manuals, process maps and advising on compliance with legal and regulatory requirements as well as staff trainings. The firm acts for Banks, Saccos, Social Impact Funds and other credit providers in this regard.

COMPANY SECRETARIAL AND ADMINISTRATION

We advise and act in respect to company searches, company and business incorporations or registrations, company and business deregistration, conversions, meetings of boards of directors and members/shareholders, preparation of resolutions of meetings of boards of directors and members/shareholders, preparation and filing of annual and other statutory returns and forms, capital structure changes, appointments and resignations of directors, etc.

CORPORATE / COMMERCIAL TRANSACTIONS

The firm advises and acts in mergers and acquisitions, takeovers and disposals, joint ventures, and related matters, including drafting the required contracts and other documentation. We also undertake legal audits and due diligence to advise on compliance with applicable laws. We register or incorporate businesses and companies, trusts and foundations, SPVs, and other entities and structures to meet client needs. We represent clients in corporate insolvency matters including administration, winding up, and liquidation. We advise on and register Intellectual Property including trademarks, copyrights, patents, and industrial designs.

PRIVATE CLIENT, ESTATE PLANNING AND PROBATE

The firm routinely acts for individual clients in a variety of matters. These may involve protection of family businesses, estate planning and succession, where we advise heirs and fiduciaries on the process of probating estates or obtaining letters of administration.

INSURANCE

We act for several large insurance companies in defending and resolving a variety of claims.

Recent Engagements

Commercial Bank

Acting for a major commercial bank in a dispute with the transaction broker/arranger in relation to the proposed raising from offshore capital markets of USD 100 million through a syndicated loan facility for onward lending to the Kenyan market.

Social Impact Fund

Advising an American based social impact fund with operations in Kenya on the legal and regulatory issues touching on their lending activities in Kenya.

Security Documents Portfolio

Reviewing the security documents portfolio in Kenya of an international commercial bank conducting banking business in Kenya and advising on conformity with the law and corrective measures incase of discrepancies.

Security Documents Portfolio

Reviewing the security documents portfolio and processes for a major Kenyan savings and credit cooperative society and advising on conformity with the law, effectiveness, and corrective measures in case of discrepancies.

Security Over Land

Handling the perfection of security over land and other assets for various lenders, in many cases where the amount secured is well over USD.1,000,000.00.

Standard Contractual Documents

Reviewing standard contractual documents for a fast growing savings and credit co-operative society regulated by the Sacco Societies Regulatory Authority, for use in connection with their lending business.

Property Developer

Acting for a property developer in connection with the selling and leasing aspects of residential units in a multi-unit residential development complex, including handling registration of mortgages where the buyers are financed through local banks.

Major Commercial Bank

Obtaining for a major commercial bank injunctive orders against a self-styled blogger prohibiting publication of defamatory statements through the internet and social media.

Insurance Company

Acting for an insurance company in defence of a claim in excess of Ksh. 10,000,000.00 based on alleged breach of a fidelity guarantee insurance contract.

Major Commercial Bank

Acting for a major commercial bank in a dispute between 3 banks sharing the same security but without any security sharing arrangement. The dispute revolves around the priority in which the security should be realized. Our client’s exposure is in excess of K.Shs. 1 Billion and we have, for the benefit of our client, obtained injunctive orders restraining the other banks from proceeding with an intended realization of the security.

Seeking Injunctive Relief

Defending a suit seeking injunctive relief against a leading local bank in an attempt to restrain the bank from enforcing its security of a legal charge over a high end commercial premises valued at over K.Shs.300,000,000.00.

Change Of User Process

Overseeing the change of user process for a residential development comprising over 300 housing units, together with the registration of a replacement charge securing K.Shs 468 million, following the change of user process.

Labour Dispute

Acting in a labour dispute relating to unlawful termination of employment of the Vice Chancellor of a leading private university.

Acquisition Of Land

Acting in the acquisition of a large parcel of land for purposes of subdivision and onward sale of the subdivisions, including all aspects of due diligence and formulating of standard documents for use in the onward sale transactions that cover the interest of the financier.

Debt Recovery

Pursuing debt recovery matters for a major bank in connection with their unsecured book.

Canadian Based Manufacturer

Advising a Canadian based manufacturer on an executive employment contract for a Sales Executive in Kenya, including advising on certain restrictions arising from his prior employment with a competitor in Kenya.

Constitutional Petition

Prosecuting a constitutional petition against a leading public university challenging the expulsion of a student on alleged disciplinary ground.

Other Matters

Numerous other matters including incorporation of companies, probate and succesion matters and defending insurance claims.

Open Hours

Mon-Fri 8:00 am to 5:00 pm

Contact Info

1st Floor

Shirika Coop House

Junction of Kipande and Ngara Roads

Nairobi, Kenya

WhatsApp No: +254 763 705 777

Cell: +254 724 216 711

Tel: +254 20 263 2727

Mutua Waweru Advocates