Profile Summary
Kiprotich Duncan is a dynamic Advocate of the High Court of Kenya with over five years’ experience.
- Practice areas
- Dispute Resolution · Technology & Innovation
- Office
- Nairobi Office
He advises and represents clients across technology and telecommunications, data privacy, land and environment, energy and natural resources, infrastructure and projects, and public sector governance.
He is known for handling high value, high stakes disputes and advisory mandates, particularly those involving regulatory bodies, national institutions and complex constitutional or policy questions. His work reflects a strong command of litigation strategy, regulatory frameworks and emerging issues in Kenya’s rapidly evolving digital and infrastructure landscape.
Expertise
- Dispute Resolution
- Technology, Media & Telecommunications
- Data Privacy & Policy
- Land & Environment
- Energy & Natural Resources
- Infrastructure & Projects
- Government & Public Sector
- Democracy, Governance & Elections Law
- Succession & Estate Planning
Experience
Technology, media and telecommunications
- Represented the Communications Authority, Kenya's telecommunications regulator, in constitutional petitions challenging the exercise of its powers and duties, helping to ringfence the Authority's standing in regulating the TMT space.
Data privacy and policy
- Developed policy documents for enhanced compliance with data privacy laws for the Kenya Network Information Centre, Kenya's official registry for the .KE domain, covering data privacy adherence for businesses and organisations using its platforms.
- Successfully represented the Office of the Data Protection Commissioner (ODPC) in high public interest litigation before the High Court challenging the processing of personal data of Kenyan citizens and residents by Tools For Humanity Inc. and Tools For Humanity GmbH, known as Worldcoin, securing orders for deletion of the data already processed.
- Represented the ODPC in constitutional petitions challenging the exercise of its powers and duties, helping to ringfence the ODPC's standing in regulating data privacy in Kenya.
- Currently representing the ODPC before the Court of Appeal, challenging a High Court decision that directed the ODPC to hear a complaint filed by a juristic person, a matter that will help determine the extent to which Kenya applies and enforces its data protection laws.
Land, environment, energy and natural resources
- Currently representing a leading financial institution in a suit before the Environment and Land Court concerning land measuring over 30 acres, worth over KES 1 billion, located on the outskirts of Nairobi and transferred to third parties.
- Currently representing a leading oil marketing company in a dispute over its lease and a landlord's ownership of a high-end Nairobi property from which it operates a service and gas station, against actions alleged to have been designed to deny the company use of the property.
Democracy, governance and elections law
- Part of the team that acted for the IEBC, Kenya's Elections Management Body, in a total of nine Presidential Election Petitions challenging the conduct of the August 2022 presidential election. The Supreme Court upheld the election of Dr William Samoei Ruto as the fifth President of the Republic of Kenya.
Qualifications
Admissions
- Admitted to the Roll of Advocates of the High Court of Kenya, May 7, 2021.
Academic
- Bachelor of Laws (LL.B.), Second Class Honours, Upper Division, Kisii University, 2018.
- Postgraduate Diploma in Law, Advocates Training Programme, Kenya School of Law, 2019 to 2020.
Professional Memberships
- Law Society of Kenya
- Data Privacy & Governance Society of Kenya (DPGSK)
- Government Critical Projects Litigation & Loss Mitigation Review Committee
- Member Services Committee, Law Society of Kenya
