Litigation and Dispute Resolution
Our Litigation and Arbitration Department combines vitality, depth and experience which it calls upon in undertaking assignments spanning the entire range of Dispute Resolution including Constitutional Law and Judicial Review, Employment Law, Telecommunications, Intellectual property law, Tax Law, Procurement, Defamation Law, Banking and Finance, Election Petitions, Energy and Construction disputes among others. We are also involved in a number of complex arbitration in various specialist areas.
With a combination of expertise and experience that is hard to match, the department ensures that Mohammed Muigai remains the Firm to see with complex Litigation and Arbitration matters.
Some of our work
Children, Family and Succession Disputes
The firm continues to maintain vibrancy in its representation of clients in children maintenance and adoption proceedings. We also deal with succession disputes arising out of the distribution of the estates of the deceased, as well as representing clients in divorce, separation and matrimonial property proceedings.
Commercial and Banking Law Disputes
The firm represents, among others, leading financial institutions such as Barclays Bank of Kenya, Standard Chartered Bank Kenya Commercial Bank, Gulf African Bank, Consolidated Bank, Sidian Bank, and Family Bank in various disputes arising from general customer-bank relationship and disputes arising from financing agreements.
Constitutional and Judicial Review
The firm represented the Applicant in the first ever application in the Supreme Court of Kenya for certification of an appeal on a matter of general public importance under Article 164(4) (b) of the Constitution. We represent Kenyatta University in various judicial review proceedings arising from their disciplinary proceedings both for students and staff. We also represent the Capital Markets Authority in constitutional petitions challenging is statutory mandate and the Kenya Airports Authority in various constitutional petitions. We have successfully presented Judicial Review proceedings against The Business Premises Rent Tribunal where it was held that the tribunal could not act against a clear provision of its parent act.
The firm recently represented a Chinese construction company in a review of a tender for the construction by a local university. We also represented the Government in a dispute arising from the procurement of construction services valued at over $10 million. The firm is currently handling a dispute arising from a subcontract agreement between a local electrical company and a Chinese company, which the main contractor for the construction of the fourth largest airport in the country.
The firm represents most leading media houses such the Nation Media Group, the Star, and MediaMax Network in various libel cases which raise the delicate interplay between the right of the public to know and the individual right to privacy.
Election Petitions and Party Dispute Resolution
The firm has successfully represented clients both in the party nomination disputes at the Political Parties Tribunal and post –election disputes in the Election Court and the Supreme Court. For example, the firm represented the Independent Election Boundaries Commission(IEBC) in the 2013 Presidential election dispute. We also successfully represented the IEBC in the Lamu Women Representative election petition and the Kilifi and Kajiado Governor election petitions. The firm has also represented parties in a number of Member of Parliament election petitions as well as representing the Registrar of Political Parties before the Political Parties Tribunal in a dispute involving the sharing of the Political Parties Fund by the Party of National Unity affiliated parties.
The firm successfully handled an employment claim of about $ 1 million at the Court of Appeal in class action by 963 of its former employees in a claim for terminal benefits following its privatization and subsequent restructuring. The firm has also represented a leading local bank in a class action by 106 of its former employees for unfair termination on account of alleged redundancy and represents also parastatal in a claim of over Kshs 9 billion filed its employee union arising from pension scheme.
The firm represents large corporate clients in debt recovery sometimes through insolvency proceedings. It recently represented two leading companies in multi-million shilling insolvency proceedings including representing the Statutory Manager of an insurance Company in Liquidation. The firm has also represents a client in the aviation sector in the restructuring of debt and insolvency proceedings involving its interest in a local aviation company that is under liquidation.
The firm represents a local university in a dispute concerning distribution rights for a patented waste disposal product. The firm represented one of two publishing companies over a claim for copyright infringement of a Kiswahili Dictionary. The firm is also currently advising and representing an electronic design and production company against an engineering company in disputes following alleged infringement of industrial designs.
Land and Environment Law Disputes
The firm successfully represented a developer of a multi-billion shillings mixed user project in Runda, Nairobi in respect of an appeal filed before the National Environmental Tribunal. We have also represented Simba Corporation in a dispute arising from compulsory acquisition of its land by the Kenya National highways Authority (KenHa). We handle a wide range of land law disputes including defending and impeaching land title, land use and planning disputes, among others.
The firm is currently representing two clients in the High Court and the Medical and Dentist Board in claims against two local hospitals arising from medical negligence by its doctors.
Public Procurement Law Disputes
The firm has earned a reputation for its expertise and experience in representing clients before both the Public Procurement Administrative and Review Board (PPRB) and the Public Private Partnership (PPP) Committee. We recently represented the Ministry of Energy and Petroleum before the PPP committee in proceedings arising from the award of the tender for the construction of the Lamu Coal Power Plant. Previously, the firm successfully represented the Kenya Railways before the Public Procurement Administrative Review Board in a multi-million procurement dispute related to the concession for a consortium to advise the Kenya Railways on the management of the Standard Gauge Railway. We have also represented the Kenya Ports Authority before the Petition Committee established under the Public Private Partnerships Act in proceedings challenging the concessioning of the entity to manage the Second Container Terminal in Mombasa.