Dispute Resolution

Energy, Natural Resources and Land Disputes

• Acting for and defending for Lake Turkana Wind Power at the Environment and Land Court and at the Court of Appeal in class action claims filed for and on behalf of the residents of Laisamis constituency to prevent the construction of a € 625 million or KES. 71 billion 310MW wind power farm in Marsabit County, Kenya, a Vision 2030 project of the national government designed to increase electricity capacity by 20%.
• Acting for and defending for Lake Turkana Wind Power at the Court of Appeal in class action claims filed for and on behalf of the residents of Laisamis constituency to prevent the construction of a € 625 million or KES. 71 billion 310MW wind power farm in Marsabit County, Kenya, a Vision 2030 project of the national government designed to increase electricity capacity by 20%.
• Acting for and defending Lake Turkana Wind Power in a constitutional petition filed by activist Okiya Omtatah seeking damages of KES. 39.6 billion and various declaratory orders against Lake Turkana Wind Power Limited, the Kenya Power and Lighting Company, the Honourable Attorney General, Kenya Electricity Generating Company, the Ministry of Energy, and the National Treasury.
• Acting for and advising OLA Energy Kenya Limited in a wrongful termination of lease dispute with the joint administrators of an estate. We are also assisting the client in negotiating an amicable settlement in respect of the matter.
• Acting for and advising Varsity Ville Residents Association in a dispute between a resident and the Department of Land, Housing and Physical Planning in Kiambu County. The client wanted to be enjoined as an interested party in the suit.
• Acting for and defending for Lion Petroleum, Premier Oil and Taipan Resources in a class action suit instituted member of a local community from Wajir County seeking to stop the international oil companies from oil exploration and cancel their exploration licences.
• Acting for Oil Marketing Companies namely: Vivo Energy, Libya Oil Kenya, Gapco Kenya, Fossil Fuel Kenya, Oryx Energy Kenya and Petro Oil Kenya in various appeals filed at the Energy Tribunal touching on recovery of yield shift losses, road maintenance levy, escalation/descalation, thermal operation costs and excise duty.
• Successfully acting for a family in constitutional petition before the Environment and Land Court touching on the protections of their fundamental rights and freedoms to a prime Wakf property in Mainland Mombasa worth over KES. 5 billion. The constitutional petition sought to enforce the constitutional rights such as freedom of religion, right to property, right to culture, freedom of residence and right to fair administrative action.
• Acting for African Cotton Industries, a leading cotton manufacturer, in a large land dispute seeking specific performance and special damages.
• Successfully acting, advising, and defending Telkom Kenya Limited against Bamburi Cement Limited in an intricate land dispute touching on the rights of ownership of a prime piece of land in Mombasa County worth over KES. 150 million housing tele-communication equipment worth over KES. 100 million

Civil Litigation

• Acting for and advising Hatari Security Guards Limited in defamation proceedings seeking damages and a permanent injunction against the Standard Media Group PLC in relation to scandalous and defamatory allegations aired against the client in KTN News and republished on KTN’s social media platforms.
• Acting for and advising Technoshape Slimming Studio Limited in a dispute against Basle Enterprises Limited, European Cables Limited, Sub County Commander Kilimani Police Station, Ward Commander Kilimani Police Station, and the Attorney General in relation to illegal trespass, distress for rent, and auction of property.
• Defending and advising Equator Bottlers Limited in a class action suit instituted alleging consumption of contaminated soda.
• Defending the Thika Town Constituency Member for Parliament (MP) and successfully prosecuting the dismissal of a high profile public interest suit filed by members of Thika Town Constituency against the Honourable MP concerning the appointment of members of the Constituency Development Board (CDF Board).
• Acting for Assia Pharmaceuticals in the Court of Appeal against an insurance company in a claim for unlawful repudiation of an insurance policy.
• Acting for and advising top Kenyan commercial banks concerning the insolvency and administration of a leading company.
• Acting for Juja South Management Company Limited in a dispute between them and a resident of Juja South Estate.
• Acting for and advising Technoshape Slimming Studio Limited in a complaint against Icon Auctioneers before the Auctioneers Licensing Board.

Commercial Litigation

• Acting for Azalea Holdings Limited, the owner of uptown shopping mall, The Hub, Karen in a commercial dispute filed at the Commercial and Admiralty Division against Essential Brands Limited seeking Judgment to a tune of KES. 50.7 million.
• Acting for and defending the Directors of Siltech Systems Limited, a technological company, in commercial dispute filed by SBM Bank Kenya Limited seeking damages of USD. 5.7 million against the Company and the Directors.
• Acting for and advising Unlimited Directions Kenya Limited in a commercial dispute concerning the irregular auction and sale of a block of apartments valued at KES. 198 million by HFC Bank Limited.
• Acting for and advising China International Water and Electric Corp (Kenya) in relation to a contractual dispute against Technikon Limited Consultants for USD 5.3 million. The dispute is in relation to a tender between the client and a government entity which fell through. We assisted the client in settling the matter before it escalated to court.
• Acting for and advising Bags and Balers Manufacturers (K) Limited, a leading packaging company, against SBM Bank Kenya, TransUnion Credit Reference Bureau and Metropol Credit Reference Bureau in relation to wrongful listings on the respective credit reference bureaus.
• Acting for and advising Petroleum Industrial Services Limited against SBM Bank Kenya and TransUnion Credit Reference Bureau in relation to wrongful listings on the respective credit reference bureaus.
• Acting for and advising ARM Engineering Company Limited regarding a dispute between the client and KCB Bank Kenya Limited caused by the failure to issue a bid bond.
• Acting for and advising ARM Engineering Company Limited regarding a dispute between the client and KCB Bank Kenya Limited over negotiation fees.
• Acting for and advising ARM Engineering Company Limited in a commercial dispute against Inabensa Kenya, an affiliate of Abengoa, a leading Spanish infrastructure company, concerning the infrastructure works in Kenya.
• Acting for Willowdale Terrace Limited in a dispute against Mavji Construction Company in relation to the failure to fulfil their contractual obligations and rectify the defects in their construction amounting to KES.27 million.
• Acting for a leading insurance company at the High Court seeking the adoption of a proposed scheme of arrangement to wind up the company and compromise its shareholding in a leading insurance company in Kenya.
• Acting for and advising Directline Insurance, the leading PSV insurance in Kenya, in several insurance matters throughout the country.
• Carrying out due diligence, employment, fraud and litigation risk assessment in several merger and acquisition transactions.
• Acting for and advising Sokowatch Limited in relation to restoration proceedings for Sokowatch Inc. The company was successfully restored to the register of foreign companies

Insolvency and Administration

• Acting for Azalea Holdings Limited, the owner of uptown shopping mall, The Hub, Karen in a commercial dispute with Hoggers Limited (Under Administration) seeking payment of rent arrears to the tune of KES.42.6 million.
• Acting for Azalea Holdings Limited, the owner of uptown shopping mall, The Hub, Karen, in a tenancy dispute filed at the Environment and Land Court by Deacons East Africa PLC (Under Administration) seeking damages to the tune of KES. 254 million for losses allegedly caused by irregular distress for rent.
• Assisting Hatari Security Guards Limited in obtaining statutory demands against various debtors amounting to KES.8.3 million.
• Acting for and advising African Spirits Limited in a debt recovery against Uchumi Supermarkets Limited.

Criminal Litigation

• Acting for and advising a leading commercial bank in Zambia in extradition proceedings relating to a Kenyan national who was alleged to have misappropriated customer deposits.
• Acting for and on behalf of a Mauritius logistics and shipping company in relation to fraud proceedings against a Kenyan national.