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Dispute Resolution

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Dispute Resolution

MWC has experience in handling dispute resolution matters across the country in various courts and tribunals. MWC through its Managing Partner has been involved in the following matters:

Representative matters handled by our team include:

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 representing Lake Turkana Wind Power in a court ordered ninety (90) day extensive mediation overseen by the County Assembly of Marsabit, Marsabit County Government together with co-opted mediators from the Chartered Institute of Arbitrators (Kenya Chapter), the Kenya National Human Rights Commission, the Commission on Administrative Justice (the Ombudsman), the Survey of Kenya and the Law Society of Kenya. The mediation was an elaborate and structured mediation involving multiple parties discussing the intricacies of the class action suit and related issues. The mediation was not a success and the parties have returned to Court to litigate the dispute.

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 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 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 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.

Defending and advising Equator Bottlers Limited in a class action suit instituted alleging 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.

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 and advising the holding company of one of Nairobi’s leading shopping malls in a debt recovery claim against a lessee.

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

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

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.

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