Dispute Resolution

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Our services

Dispute Resolution

MWC has experience in handling litigation matters across the country in various courts and tribunals. In 2017 and 2018, James Wairoto was rated as a Next Generation Lawyer, in dispute resolution by Legal 500 dispute resolution and dispute resolution.

We have been involved in the following matters:

Energy, Natural Resource 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 K.shs. 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 activists seeking damages of KES. 39.6 billion and various declaratory orders against Lake Turkana Wind Power Limited, the Kenya Power and LightingCompany, the Honourable Attorney General, Kenya Electricity Generating Company, the Ministry of Energy and the National Treasury.

✎  Acting for and defending for Lion Petroleum, Premier Oil and Taipan Resources in a class action suit instituted members 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.

✎  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 outside Nairobi.

✎  Acting for African Cotton Industries, a leading cotton manufacturer, in a large land dispute seeking specific performance and special damages.

✎ Acting for and defending Telkom Kenya Limited, a leading telecommunication provider, against a Bamburi Cement Limited an intricate land dispute on the rights of ownership of a prime piece of land outside Nairobi.

Civil Litigation

✎ 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 a family against a doctor and leading hospital in a medical malpractice matter at the High Court and the Medical Practitioners and Dentists Board.

✎ Acting for and advising top Kenyan commercial banks concerning the insolvency and administration of a leading company.

Commercial Litigation

✎ 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.

✎ Acting for Hatari Security Company Limited, a leading security services provider, in debt collection claims against several of its debtors.

✎ Acting for and defending the Directors of a technological company in commercial dispute filed by SBM Bank Kenya Limited seeking damages of USD 5.7 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 African Cotton Industries Limited in a guarantor debt recovery.

✎ Acting for Ola Energy Kenya Limited (formerly OilLibya Kenya Limited) in debt recovery proceedings against various petroleum product distributors.

✎ Acting for and advising African Spirits Limited in a debt recovery against Uchumi Supermarkets Limited.

✎ 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.

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.

For more information on MWC’s expertise on Dispute Resolution, please contact James Wairoto at jwairoto@mwc.legal.