Our Dispute Resolution team is enviably one of the best in the country. Led by Senior Counsel Ahmednasir Abdullahi, our team of lawyers has distinguished themselves as precedent-setting lawyers in our law courts. Our lawyers serve as primary counsel to well-established corporations and many innovative start-ups too. We pride ourselves on the knowledge and capability to handle any litigious dispute — from business-critical contractual matters to complex corporate cases — in courts and arbitral tribunals countrywide.
Clients choose our firm because of our trial experience, depth of industry knowledge, and proven track record. We have a continual presence in the country’s law courts that enables us to serve as a comprehensive resource for litigation involving a range of industries, jurisdictions, and areas of law. We are committed to understanding each client’s legal concerns in the context of the client’s specific business, industry environment, and unique demands.
Always ready for trial, our lawyers represent many of the largest, most prominent companies in the world, and we have for decades. Our Advocates have distinguished themselves as precedent-setting lawyers in our law courts. For example, we have conducted various litigations in the area of private international law, and in particular, were the lead counsel in the precedent-setting case involving Raytheon Aircraft manufactures and a local company in which the Court of Appeal held that the Kenyan courts will exercise jurisdiction (in a limited fashion) even when the parties have selected a specific forum and the law of another country.
Our team has historically delivered landmark judgments for example, we conducted the prosecution of Civil Appeal Number 112 of 1997 at the Court of Appeal in which for the first time the court recognized that an amendment to The Contract Act introduced by the Attorney General did not come into effect despite widespread belief to the contrary. This forced the Attorney General in 2002 to reintroduce the said amendment and those amendments are now law in this country.
In another landmark decision by the Hon. Justice Ringera, the firm stopped an arbitration proceeding before an arbitrator, Mr. Toghbor on the ground that no arbitration can be conducted before an arbitrator if the cause of action is statute-barred and further where an allegation of fraud and statute limitation is raised, the arbitrator should lay down his tools for want of jurisdiction. This is a case with very wide legal ramifications, especially in financial institutions. Our client escaped a net liability of Kshs. 500 Million.
We have litigated defamation cases, and vicarious liability cases involving employees and their employers and arbitrated on matters whose complexity and size of the award are the highest ever in Kenya. This litigation experience is also vital when business objectives mandate that a case be settled. As counselors and negotiators, we help our clients manage risk and find alternatives to litigation if appropriate and consistent with an organization’s objectives. Although our risk management counseling works to help clients avoid litigation if possible, our preparedness for trial, as well as our successes in court, create a strategic advantage in settlement proceedings.
We make it our job to know a client’s business, its industry, and the legal and market.