Dispute Resolution
Our Dispute Resolution practice is at the heart of the firm. The firm’s Partners have been recognized for their outstanding in-depth understanding of the judicial process and litigation skills by leading international directory Chambers & Partners Global. Our firm advises on all possible avenues of dispute resolution including court annexed mediation and arbitration.
We regularly and advise and represent:
- Administrative law ( Judicial Review)
- Constitutional law
- Commercial disputes
- Construction disputes
- Environmental disputes
- Insurance disputes
- Land & Property disputes
Administrative Law (Judicial Review):
- Successfully acted for a church in resisting attempted judicial review proceedings against them.
- Successfully represented a leading university (the second University to be established in Kenya), in a suit challenging the decision by the CLE to close its School of Law both before the High Court and the Court of Appeal. Matter currently on appeal.
- Successfully represented a leading university hospital against attempts by the Medical Practitioners and Licensing Board to extend its disciplinary mechanisms to hospitals.
- Acted for various principals of an independent investments management firm in unsuccessful challenge to their intended prosecution. Matter currently on appeal.
- Successfully represented the Communications Commission of Kenya before the High Court, Court of Appeal and Supreme Court in various judicial review challenges against its licensing of a mobile service provider.
- Successfully represented a herbal medicine importer in a challenge against the Kenya Revenue Authority in respect to the classification of the products for purposes of zero-rating.
Constitutional Law:
- Successfully represented the County Government of Mombasa in a challenge against part of the Urban Renewal and Regeneration Programme in respect to Buxton Estate. Matter currently on appeal.
- Successfully represented the County Government of Mombasa before the High Court and the Court of Appeal in challenges against the entire Urban Renewal and Regeneration Programme.
- Advised a consortium of major media houses in Kenya in respect of conduct of televised debates for the candidates for the 2017 Presidential elections and successfully represented them both before the Court of Appeal and the High Court.
- Acted for Kenyan-based holding company that manufactures branded beer, spirits, and non-alcoholic beverages before the High Court and the Court of Appeal in constitutional petitions challenging the provisions of the Alcoholic Drinks Control Act.
- Acted for the ICT Regulator resisting challenges by the media houses to the constitutionality of some of the amendments introduced by the Media Act, 2013 and the Kenya Information Amendment Act, 2013.
- Acted for a British multinational company before the High Court and the Court of Appeal in challenges to constitutionality of the Tobacco Control Act as well as the Tobacco Control Regulations.
- Successfully represented a not-for-profit organization in a suit against the Government of Kenya (GoK), seeking information in regard to the Gilgel Gibe III dam, in regard to potential adverse effects on Lake Turkana one of Kenya’s largest lakes and the world’s largest desert lake.
Environmental/Land/Planning:
- Successfully represented an independent investments management firm before the National Environment Tribunal in an appeal challenging the EIA licence granted to them by the National Environment Tribunal for a Kshs. 3 billion integrated mixed-use development. Matter on appeal before the Environment and Land Court.
- Representing a developer, in a challenge before the Environmental and Land Court against a decision of the National Land Commission nullifying its titles over land in which it had constructed and sold units in an estate valued at USD 2 million.
- Represented a developer of a grade A building against trespass and prevention of ongoing construction on Phase II of the business park by Kenya Forest Services (the property in dispute was thousands of acres).
- Successfully represented a developer before the National Environment Tribunal and the Environment and Land Court in an appeal challenging the EIA licence granted to them by the National Environment Tribunal for a Kshs 987 mixed- use development. Matter currently on appeal before the Court of Appeal.
- Successfully represented several companies along Mombasa road, Nairobi whose titles had been quashed by several Land Registrars.
Insurance:
- Acting for a local airline in respect to a claim for indemnity against a South African Insurance Company for the total constructive loss of one of its aircraft at an airport in Somalia.
- Successfully represented a local insurance company in a claim for indemnity for Kshs 600 million by its insured for indemnity in the sum of Kshs 100 million under Stock Floaters Insurance Policy.
- Successfully represented a local insurance company before the Court of Appeal and the Supreme Court reversing a decision of the High Court declining to set aside an arbitral award of Kshs 75 million against it under a Public Liability Policy.
- Represented a local insurance company in claims arising out of the 2007/2008 post-election violence.
For more information on this practice area, please contact:
