One of the firm's most established and highly regarded departments.
Overview
The firm's Dispute Resolution practice has advised on and represented clients in some of the most sensitive and high-profile litigation and arbitration matters to come before the High Court, Court of Appeal and Supreme Court of Kenya. Its reputation has been built over time through a consistent record of delivering results in complex, high-stakes disputes.
The team approaches each matter with a focus on early case assessment and commercial pragmatism, advising clients on the full spectrum of risk, from evaluating litigation exposure at the outset of a dispute to executing enforcement strategies at its conclusion. Where alternative dispute resolution is appropriate, the firm participates as arbitrators, mediators or counsel. The team is also active in pro bono litigation, particularly in public interest matters and the enforcement of fundamental rights.
What we advise on
18
Selected mandates
01
Kenya's largest mobile network operator
Represented the operator in an anti-corruption and corporate crimes suit that threatened its mobile money platform, which handles over 61 million daily transactions, and sought repayment of approximately EUR 3.5 billion.
02
Office of the Data Protection Commissioner
Representing the ODPC in enforcement proceedings against Tools for Humanity (Worldcoin) over biometric data collected from approximately 350,000 Kenyan data subjects.
03
National Irrigation Authority
Representing the Authority in a FIDIC-based dispute with Sogea-Satom S.A.S. concerning the Mwea Irrigation Development Project, with a contract value of KES 3.5 billion.
04
A leading international construction firm
Providing strategic representation in a dispute arising from the KAIST project at Konza Technopolis.
05
A leading Kenyan bank
Represented the bank in a cross-border debt recovery action involving offshore guarantees from parent companies in the Cayman Islands and the British Virgin Islands.
06
Safaricom PLC
Successfully represented Safaricom in a precedent-setting regulatory dispute on the licensing framework for mobile money services.
07
Rubis Energy Kenya PLC
Representing Rubis in a title dispute over prime Nairobi property on which it operates a service station.
The team
Ken Melly, OGW, FCIArb
Partner & Head of Dispute Resolution
Eric Gumbo, MBS
Managing Partner
Moses Kipkogei
Partner & Head of Policy and Legislative Drafting
Robert Mwangi
Partner & Head of Eldoret Office
Delbert Ochola
Senior Associate, Dispute Resolution
Alex Mbaya
Advocate, Dispute Resolution & Corporate
Elias Ouma
Advocate, Office of the Managing Partner
Joan Omalla
Associate, Litigation & Dispute Resolution
Kanyiri Kariuki, MCIArb
Associate, Dispute Resolution
Kiprotich Duncan
Advocate, Dispute Resolution
Lydia Aduke
Associate, Dispute Resolution
Mwangi Kang’u, MCIArb
Associate, Dispute Resolution
Insights
The Supreme Court, by a majority decision, declared that pension schemes of public entities are not public bodies subject to the Public Procurement and Asset Disposal Act. The Court’s finding was based on, among other reasons, that pension…
1 min readWe successfully led the Honourable Attorney General in Environment & Land Petition No. 2 Law Society of Kenya versus the Hon. Attorney General & 3 others wherein we demonstrated and the Court agreed, that there is a robust institutional…
1 min readSomalia and Kenya share a land boundary in East Africa which meets the Indian Ocean to the south-east. This maritime area supposedly holds large reserves of hydrocarbons which both States have been eager to exploit. On 28 th August 2014…
10 min read
