ALTERNATIVE DISPUTE RESOLUTION
Delays in settlement of disputes through the court system in many jurisdictions worldwide has led to the need for a more effective and expeditious methods of dispute resolution.
As commercial actors, business people would rather settle their disputes quickly and get on with what they know best – trade. As such we encourage as much as possible that our clients adopt Alternative Dispute Resolution methods, and only proceed to litigation as a last option. In this regard, many commercial actors now consider ADR as the answer to quicker resolution to their disputes.
This practice offers services as well as representation in local and international arbitration and adoption of ADR methods.
Our firm belief is that ADR has the potential to deliver a better quality of dispute resolution than litigation. It therefore holds out the promise of a better longer and lasting resolution that can have impact not only of resolving current disputes but reducing future disputes.
Our lawyers are highly trained in Arbitration and other ADR methods with membership of international arbitration bodies such as Chartered Institute of Arbitrators (CIarb) London. We offer a range of services such mediation, arbitration, and med-arb to help clients resolve their disputes.
INTELLECTUAL PROPERTY LAW
We complete patent, trademark and design registration for our clients. We are also actively involved in litigation for intellectual property rights, copyright infringement actions as well as in protection of our clients’ trade symbols in actions for passing off as well as in protection of our clients’ licensing agreements, protection of trade secrets and protection of confidential information.
We have represented internationally re-known publishing houses in defending and protecting their intellectual property rights against infringement.
We have also undertaken litigation arising out of infringement of trademarks and passing off.
The breadth and depth of our partners’ pragmatic experience and their mastery of Civil and Commercial Practice has earned this firm a reputation in this traditional method of resolving disputes.
With evolving market place and technological advance, need has arisen for lawyers to offer pragmatic and result-centred approach to litigation. Our team of lawyers has been versatile and keen to adopt these changes in order to deliver value to our clients. We generally provide representation in the High Court, the Court of Appeal, Supreme Court and other Tribunals established under relevant laws in our jurisdiction.
We have undertaken litigation in the following areas among others:-
CORPORATE AND COMMERCIAL LAW
We offer competent advisory services required by corporations and business entities. We are involved in the establishment and local registration of corporations and business entities. The firm has been involved in formation of joint ventures/special purpose vehicles as well as preparation of partnership, shareholders and management contracts.
We have undertaken negotiations on behalf of our clients in raising finance through corporate bonds, commercial papers/notes and loans by multilateral financial institutions. We have also undertaken debt collection, credit management advisory services and corporate affairs and regulatory issues.
We have been involved in landmark litigation for our client in corporate structure and ownership dispute to satisfactory outcome for our clients.
We undertake representation of our clients’ in criminal matters with recent experience involving immigration disputes, traffic offences, physical planning and a recent case being accounting fraud case where we have provided oversight over public prosecutors for a client defrauded by its accounting staff.
We undertake processing of bail/bond and payment of fines on behalf of our clients in minor traffic matters with our recent experience being several matters in which we have assisted our clients to have warrants of arrest issued by courts lifted.
PROPERTY LAW AND CONVEYANCING PRACTICE
Real Estate and Property Law covers an extensive legal area, which in many ways overlap with contract law.
These include the following: rights and interests in real estate property, sales, purchases and other transfers of real estate and real property; legal aspects of rental property and landlord issues, tenants’, renters’ and homeowners’ rights, title to real property, settlement of claims against property rights, property development, zoning and land use; related agriculture issues, home loans and foreclosures and creation of securities for banking and financial institutions who advance loans to their customers.
Practice in this area requires an eye that is keen for details. Our extensive experience in this area has given comfort to our clients as we represent them in various transactions in this area.
FAMILY LAW AND PRACTICE
We selectively act in proceedings for divorce, nullity of marriages and judicial separation. We shall likewise be involved in proceedings for determination of inter-spousal property rights before, on or after dissolution of marriages. We are similarly involved in the preparation, revocation, alteration and revival of wills as well as in applications for grant of probate of wills and letters of administration. In addition we do both local and international adoptions.
We also undertake contentious succession matters representing our clients in courts to achieve desirable outcomes in succession disputes.
Being fully aware of the sensitivity that attends to family matters, we have sought to encourage ADR methods and will arrange for such sessions in order to achieve as much as possible a win-win situations.
EMPLOYMENT AND LABOUR LAW
Here we mainly offer advisory services to our clients as regards relationships between various parties under Employment Contracts. This practice also pertains to settlement of employment disputes, litigation as Employment and Labour Relations Courts as well as preparation of employment contracts and service agreements.
With the enactment of Employment Act 2007 and the Constitution of Kenya 2010, labour rights have been elevated to their rightful place among basic human rights. This has totally changed the way employers have related with their employees over time. Our expertise in this area has helped many of our
clients’ transition from the previous regime of Labour Laws to the current one. This has had the effect of stabilising labour relation allowing managers attend to their organisations’ core business.
In this regard, we have advises our clients on termination of contracts, disputes, redundancies, workman injury claims and employment retirement benefits issues. We have acted as a liaison between our clients and the various labour institutions created by our laws. These include the Ministry of Labour, the Employment and Labour Relations Courts and Trade Unions.