Areas Of Practice
a) Civil
Litigation
This
includes appearance before all classes of courts in Kenya i.e.
Magistrate’s Courts, Tribunals, Industrial Courts, High Courts, the
Court of Appeal and Supreme Court to act for clients in civil
cases.We practice in courts all over the country and are prepared
to protect our clients’ interests anywhere in Kenya and East Africa
being registered as members of the East African Bar
Association.
(b) Conveyancing
This
department deals with the following:-
i. Preparation, approval, registration and realization
of securities such as charges, Debentures, Guarantees,
Chattels’ Mortgages, Leases, Assignments
etc.
ii. Preparation, approval and registration of
agreements in the transfer of movable and immovable
property.
iii. Transfer of company assets, investment in
shares and share transfers.
(c) Commercial
Law
This
department deals with the following:-
i. Preparation and approval of
local and international commercial contracts.
ii. Preparation of legal opinions
and elaboration of intricate legal contracts.
iii. Incorporation of Companies, NGOs,
Societies, Business Names and Co-operatives.
iv. Preparation of contracts for Mergers,
Joint Ventures, Acquisitions and Amalgamation of
companies.
v. Drawing of Trust and Partnership
deeds.
vi. Registration of Trusts.
a) Intellectual
Property Law
This
department deals with the preparation, approval and registration of
trademarks, inventions, copyright, patents confidential information
and all aspects of intellectual property.
b)
Provision of Legal Opinion
We
provide legal opinions on any issue.
c) Family
Law (Adoptions, Probate And Administration, Trusts, Wills
Etc)
This
involves acting for our clients in preparation of Wills, wills
culminating to Trusts, Adoptions, drawing and applying for Letters
of Administration, Confirmation of Grants, Married Women property
rights, Child Maintenance, Distribution of Family Assets
etc.
d) Criminal
Practice
The Firm
has undertaken Criminal Litigation relating to among others road
traffic cases, Public Inquests, Habeas Corpus applications,
criminal appeals and other related criminal
proceedings.
e) Debt
Collection
Debt
collection is an area of particular concern in the business
world. In view of the constraints in the system, we have set
up a debt collection unit, which supplements and compliments our
Litigation Department against debtors. When instructed by our
clients we, inter alia, demand monies due to them,
defend suits filed against them and undertake debt payment
negotiations on their behalf.
f) Employment
law
This
department deals with employment and labour relations matters. It
involves prosecuting and defending employment cases in industrial
court. Negotiating settlements out of court and providing legal
advice in all areas of labour Law including industrial disputes,
pension arrangements, collective bargaining agreements and other
employment related matters.
g) Insurance
Law
This
department deals with the following;-
i. Setting Aside
Interlocutory Judgments
We have realized that
at times your policy-holder will have been served with summons to
enter appearance but somehow the same do not reach you. In
other cases, some process servers fabricate service for the purpose
of getting interlocutory judgment. In this kind of situation,
we would file an application for setting aside and seek to
negotiate it with the plaintiff’s advocates. In many cases,
where we have interlocutory judgments, many lawyers will be willing
to concede to an application for setting aside especially if they
know that the insurer is taking over the matter.If negotiations
fail, the application has to be heard. Many courts are willing to
grant orders so long as truth is laid bare. Courts will
excuse even human error/mistakes. There are many authorities
that can be relied on in support of this.
ii. Declaratory
Suits
Many
claimants sue the insurer for recovery on the basis of the primary
suit. It is better to avoid matters getting to this point if
possible to save on costs. The main points to prove by the
Plaintiff are service of the statutory notice under cap 405 and
existence of a policy with you when the alleged accident
occurred. We take the position that the allegation of the
existence of a policy based on the police abstract is not
enough. One would have to produce the certificate of
insurance to put this beyond doubt. It is important to note
that the police usually take a copy of the insurance certificate
and can produce it if they are summoned to.
The best
way to heal this menace is by dealing with the primary suit once
summons are brought to you and excess paid. If you do intend
to repudiate liability then this has to be done within the
prescribed time. This is done by filing a declaratory suit
against your insured. We would be in a position to advice on
how to deal with the notices under cap 405.
iii. Fraudulent
Claims
This is a
common feature especially for insurers who cover public service
vehicles (PSV). Our view is that every accident involving
more than one (1) possible claimant should be investigated as soon
as the accident is reported to avoid people “planting” themselves
in the accident.
Once this
is done, it is possible to vet. If a suspicious claimant files
suit, we take them through the rigorous of strict proof where we
demand that the maker of all the documents should appear in court
to produce and prove. This way, the fake ones are
expected to back out.
iv. General
Defending
We
endeavor to settle claims which are genuine and in which liability
is clear. This way, costs are reduced and we have found that
people are willing to accept sums much lower than what the court
would award to save time. When the matter has to end up in
court, we do sufficient research with the view of seeking low
awards through contributory negligence and “low figure”
authorities.