Specific Area of Expertise
The Firm’s expertise can be largely divided into three main Departments being:
- • Commercial and Corporate Law Department
- • Conveyancing and Property Transaction Department; and
- • Litigation Department.
In addition to the above broad areas of practice the firm seeks to establish itself and excel in the following areas of commercial and corporate practice and has invested in knowledge and expertise directly and through its networks, research and experience in the following areas of law:
- • Intellectual Property law
- • Pensions law
- • Energy and Natural Resources Law;
- • Financial Services and Regulations Law; and
- • Alternative Dispute Resolution
Intellectual Property Law
The Firm advises its clients on various aspects of their trade marks, copyrights, patents, industrial designs and all other aspects of what is generally known as intellectual property.
In a world that is generally changing with new ventures coming up and requiring protection, the Firm helps in the protection of its clients slogans, devices, the transfer of technology, licensing, franchising, parallel importation and related questions. The Firm advises clients from within Kenya and those beyond on matters touching on the above. And helps them shield innovation from undeserved financial exploitation. We also offer Trade Mark watch services for our clients.
The firms personnel prepares and files the necessary documents and appears before the Registrar of Trade Marks in opposition or expungement proceedings to argue on behalf of clients. In other instances, the firm has also been required to present client cases before the High Court to seek conservatory orders on matters touching on trade marks.
The Firm has also built a network of associates and agents from around the world that it works with to protect its clients interests outside Kenya.
The Firm is in the process of obtaining membership of the International Trademark Association and shall be sending its representatives to the International Trade Mark Associations events.
Financial Services and Regulations Law
The firm is well versed in this field and can comfortably advise and undertake on behalf of its clients instructions relating to the creation and perfection of securities for financial institutions and other lending institutions. The firm renders advice to corporate seeking to raise capital through various avenues involving use of the available instruments including but not limited to Banks and under the Capital Markets Act. The firm through its personnel have been actively involved in transaction advising in terms of regulatory framework and compliance matters for institutions both local and international in other areas of finance such as Shares and bonds financing and lease financing to name a few.
The firm appreciates that the question of pensions and retirement benefits has acquired interest in the modern society and has ventured out to equip itself appropriately in this area of expertise. The members of the firm have been involved in advising clients on the Retirement Benefits matters both statutory and voluntary schemes. Such clients include Pension Schemes and service providers for Schemes such as Administrators, custodians, actuaries and even members of the schemes commonly known as pensioners.
The services rendered include drafting of Trust Deed and Rules in line with the statutory and regulatory requirements and related documents like Deeds of Adherence, Deeds of Appointment, Deeds of Amendment and Deeds of Closure which guide the operation of the respective Trust Deed. The Firm is also involved in the drafting and review of documents between the Pension Schemes and the service providers to the scheme as envisaged under the law.
The firm also gives its clients detailed advise arising out of the amendments proposed and made by the Minister for Finance during the budget speech and its impact on their Schemes.
The Firm has advised various Pension Schemes, Administrators of the Schemes and Liquidators of the Schemes on various aspects of the law under the Retirement Benefits Act. These include advise on conversion of schemes from Defined Benefits to Defined Contribution; how to treat any deficits; the Statutory Remedial Plans; Amended Trust Deeds.
The Firm does represent clients before the Retirement Benefits Appeals Tribunal and the firms representative has been actively involved in litigation before the said Tribunal since its recent formation.
The Firm is in the process of applying for membership to the Association of Retirement Benefits Association.
Corporate and Business Law
Under the Commercial Law Department, the Firm has a Corporate and Business Law Division. The Firm has wide and extensive experience in acting for both corporate and other clients engaged in all sectors of business.
Under this Division, the Firm deals with the incorporation of companies; the drafting and perusal of commercial contracts and agreements; the drafting and perusal of banking securities that involve companies such as debentures; mergers and acquisitions; loan agreements.
The Firm also gives legal advice as necessary to its clients in the business areas that such clients are involved in. Clients can therefore comply with all the requirements of law to make their business operational.
Through this Division we act for several corporate clients that include banks and financial institutions, companies listed on the Stock Exchange and those that are not, insurance companies.
Under our Conveyancing and Property Law Department, the Firm advises various clients on aspects of purchase of real properties and the securitization of the property for loans and mortgages.
We draft the documents and generally deal with all other matters relating to property transactions including but not limited to the transfers, mortgages, charges, surrendering, leasing, registration, searches, subdivision and all aspects of properties both urban and agricultural. We carry out registrations within minimum time and we have good working relations with various land offices within the country.
The Firm acts for financial institutions to wit Banks and Mortgage Companies in the preparation and perfection of securities. Additionally, the Firm acts for and advises Vendors and Purchasers of the properties.
Though our core competence lies in the other areas of law stated above, the Firm has requisite ability in this field. The Firm has provided services of watching brief for criminal matters. We have the capacity to act on more criminal matters as and when they arise.
Our Litigation Department also deals with other forms of Litigation that may arise when we need to file suit on behalf of clients or defend any cases that are filed against our clients. By doing so, we hasten to add, we try to settle disputes out of court and only resort to Litigation as a final resort due to the costs and the long process involved.
Energy and Natural Resources Law
Advocates of the firm have been keenly following the developments in the energy sector and in particular in the oil industry. The firm has rendered its services to players in the industry giving advise on the new laws and regulations made and their impact on the client. Under the various Departments, the firm offers advice to developers and other property dealers as to the regulations regarding their enterprises and how best to proceed in keeping with the environmental regulations in place.
We also counsel and work for major regulatory bodies as to the conduct and approach to all the legal issues touching on the environment. We have also appeared severally for our clients before the National Environmental Tribunal.
Private Client Service
Additional to the above services, we also handle all other aspects of law that relates to individual in their private capacity.
This includes the field of Family Law which includes advice to persons on Probate and Administration.
We are also involved in the drafting and creation of Trusts, in the drafting of Wills, in the pursuance of immigration issues and permits and generally offering personal legal advice where it is required.
The firm is also involved in the area of employment law where we draft review and advise clients on Employment matters both individual and corporate matters. Where necessary the firm does represent parties in proceedings before the Industrial Court.