Areas of Expertise

Intellectual property (IP) refers to a class of intangible assets that result from a person’s intellectual or creative effort. Kenyan Law, led by the Supreme law, recognizes all forms of IP including trademarks, patents, copyright, industrial designs and plant breeders’ rights, trade secrets, know-how and proprietary and confidential information.

We have a specialist intellectual property (IP) team that offers comprehensive, cross-border service to meet our clients’ local, regional and global needs in all these forms of Intellectual Property.

Our expertise in this area include:

Trademarks

  • Availability searches
  • Registration of trade and service marks
  • Licensing and assignments
  • Advice and representation in Opposition and citation proceedings
  • Advice and representation in infringement and passing off proceedings
  • Advice and representation in expungment proceedings (on grounds of non-use and without
    just cause)
  • IP due diligence and verification

Patents and Utility models

  • Local and ARIPO Patent Applications for grant of Patent
  • National Phase entry of PCT Patent Applications for grant of Patent
  • Annuity payments (For Applications and Patents)
  • Licensing and assignments
  • Conversion of Patent applications to utility model applications

Industrial Designs

  • Applications for registration of Industrial designs
  • Licensing and assignments
  • Advice and representation in Opposition proceedings
  • Advice and representation in infringement and passing off proceedings
  • Advice and representation in expungment proceedings

Copyright & related rights

  • Advise on the subsistence of copyright
  • Representation in Infringement proceedings
  • Licensing and Assignment of economic rights
  • Enforcement of royalty rights for and against collective management societies.

Corporate commercial encompasses a wide portfolio of services ranging from business establishment to liquidation and receivership. We advise clients on the major aspects of corporate commercial legal issues. Our Corporates team is a dynamic, solution oriented and respectably qualified team that continues to render quality work to a wide range of clientele including high net worth individuals and corporates.

Our expertise in this area include:

  • Incorporations
  • Public and private Mergers and Acquisitions
  • Share and asset disposals
  • Joint ventures
  • Corporate due diligence and regulatory compliance
  • Liquidation and recieverships
  • Competition law advisory
  • Insurance
  • Banking and Finance
  • Enforcement of Minority shareholder rights

Land laws in Kenya have evolved overtime from the received colonial laws that provided over Five (5) different registration regimes to self-contained and integrated laws after the 2010 Constitution. While the objective was to harmonize all land laws under one regime, the ensuing transition has not been a smooth one as expected.

Several practical legal conflicts still loom large and this has been the cause of a lot of uncertainty and, inevitably, conflict on among others title, use and ownership of real estate in Kenya. In the circumstances a good understanding of the evolution of land laws on Kenya is key.

Our specialist team of Advocates in this area offer great expertise in this regard and provide wide ranging well thought out solutions to a number of land issues in Kenya.

Our expertise in this area include:

  • Transfer of land (purchase and sales)
  • Mortgages and charges
  • Rectification and replacement of titles
  • Leases – Long term and short term on land and buildings, residential, commercial, agricultural and other uses)
  • Preparation of licenses, cautions, prohibitions and easements
  • Powers of attorney
  • Structuring complex development projects
  • Trusts relating to land

The firm’s partners and Associates in the dispute resolution department have extensive experience advising domestic and international, institutions, County governments and regulatory bodies in respect of intricate and high value disputes. We take a practical and solution oriented approach to all our advisory work in this area.

The team strives toward dispute avoidance by ensuring that relevant counsel is provided and options explored before any litigation process can be considered.

Our expertise in this area includes:

  • Legal opinions to clients with regards to all aspects of dispute resolution
  • Representing clients in arbitrations and regulatory tribunals (both local and international)
  • Acting as Arbitrators in Legal disputes referred to arbitration
  • Representing clients at the Chief Magistrates Courts, the High Court, Environment and Land Court, The Employment and Labor Relations Court, the Court of Appeal and the Supreme Court. Our Representation covers all the High Court stations in the Republic of Kenya
  • Representing client in regulatory tribunals including before the Registrar of Trademarks, the National Environmental Tribunal, the Public Procurement and Administrative and Review Board, the Public Private Partnerships Petitions Committee, the Industrial Property Tribunal, The Business Premises Rent Tribunal, Sports Tribunal, the Energy Tribunal, the HIV Tribunal among statutory tribunals.
  • Advising clients on alternate dispute resolution processes, including mediation

Since the promulgation of the 2010 constitution, Employment and Labour relations have experienced radical and comprehensive shifts from a contractual to a rights based approach to the relationship. The Right to fair labour practices now underpins all labour relations in Kenya.

The enforcement mechanisms are now more vibrant than ever and employers and employees are now, more than ever before in the history of Kenya, paying serious attention to the fine print in their employment relationship. The firm has advised and has expertise in a broad spectrum of labour issues in Kenya and the firm’s partners have represented clients in precedent setting employment dispute to the highest court in the land – the Supreme Court.

Our expertise in this area include:

  • Managing disciplinary processes
  • Advising on procedure for termination of contracts including restructuring, redundancies and retrenchments
  • Advising employers and employees on collective bargaining
  • Advising on and drafting employment contracts for local and foreign contracts of service and
    services
  • Advising on employee occupational health and safety and workmen’s compensation
  • Representing Employers and employees in Labor disputes at the specialist Employment and labor relations court, the Court of Appeal and the Supreme Court
  • Advising on immigration law compliance for expatriates

The principal objective of every business is to increase the wealth of its shareholders/owners. Business are therefore more about the people that drive them. Our team dedicates a substantial portion of its time to cater for high net worth individuals on a wide range of private matters. Our services in this area are greatly personalized to meet the special needs of each client both locally and off-shore.

Our expertise in this area include:

  • Immigration including – Visa applications, special passes, work permits for employees and their defendants, applications for dual citizenship
  • Probate and succession including drafting of wills, administration of estates and trusts, creation of trusts, resealing of grants and general succession advisory
  • Notarial services
  • Family and matrimonial causes
  • Tax compliance services
  • Privacy & Reputation enforcement

The right to a clean and healthy environment is a constitutional right in Kenya. The Obligation to respect, uphold and promote this right is accordingly cardinal and is enforced with unbridled zeal in Kenya. A clean Environment encompasses all aspects of the environment including clean air, water and protection from excessive noise and proper planning of living conditions. Our Environmental laws are actively enforced in this regard and our firm represents several clients in this regard both at the National Environment Tribunal and the High court.

Our expertise in this area include:

  • Advise on Environmental management laws and regulations
  • Challenging decisions of the National Environmental Tribunal in refusing to grant, or granting Environmental Impact Assessment reports.

The firm advises sponsors, project companies and lenders on projects and project financing across major sectors on local laws. We have capacity to provide comprehensive legal services to the various counter-parties to a Project Finance transaction with aspects of Kenyan Law.

Our expertise in this area includes:

  • Advising on appropriate Project structures under Kenyan Laws
  • Conducting legal due diligence,
  • Risk allocation
  • Reviewing the “bankability” of project agreements, financing arrangements (Bank and bond) and relevant security packages under Kenyan Laws

The firm provides full due diligence and legal audit services on a wide array of regulatory subjects in Kenya. Our team of Advocates and independent consultants offer a combination of legal expertise and commercial experience to corporations of all sizes including financial institutions in this regard.

Our expertise in this area includes:

  • Due diligence as part of a company or business acquisition
  • Legal audits as part of an exit strategy / exit planning
  • Due diligence reports for internal compliance / reporting purposes
  • Due diligence reports for financial / lending purposes; and
  • Legal audits