Dispute resolution in Kenya has shifted to more non-adversarial methods for the purpose of seeking efficient conflict solutions utilising less time and cost.
IKM shows careful consideration to the commercial objectives of its clients. We carry out a sound evaluation of both the legal and reputational risks of each case, seeking the best dispute resolution mechanism for the transaction.
We have a strong Dispute Resolution team with the experience and skills necessary to effectively manage conflict and risk. Our Partners are routinely appointed as mediators and arbitrators, and, supported by the firm’s Associates, are retained in high profile cases by both multinational and local Blue Chip companies as well as the Government of Kenya and State Corporations.
Our Corporate Social Responsibility service offers pro-bono services in merited cases.
We offer the full suite of commercial dispute resolution services and more specifically:
- Arbitration, both domestic and international
- Bank litigation
- Competition and anti-trust
- Constitutional cases
- Construction and engineering
- Election Petitions
- Environmental litigation
- Insolvency and debt recovery
- Intellectual property
- Labour and employment disputes
- Medical malpractice
- Pensions litigation
- Property disputes
- Advised a multinational company in a claim involving unfair and unsubstantiated comparative advertising by a player in the market. This was a novel matter before the court which touched on competition law, comparative advertising, brand disparagement and consumer protection. The value of the claim was in excess of €1.85 million (approximately US$ 2.1 million). The matter is still pending before Court.
- Advised Kenya Airports Authority (KAA) in a constitutional reference whereby the Petitioner claimed compensation in excess of Kshs.1 billion following the refusal by the KAA to approve the proposed development on his property. KAA’s position was that the Petitioner’s property is situated on the flight path and/or funnel. The question, among others, was whether the authority’s refusal amounted to compulsory acquisition of the Petitioner’s property.
- Advised Kenya Airports Authority (KAA) in an arbitration dispute whereby the Claimant was pursuing compensation in excess of Kshs. 600 million (approximately US$6 million) following the revocation of the development approval. IKM successfully represented the KAA and the arbitral tribunal dismissed the claim and held that the revocation of the approval was warranted in view of the danger posed to aviation safety and security by the proposed developments. IKM represented the authority before the High Court in the application lodged by the Claimant to set aside the arbitral award.
- Advised the National Oil Corporation of Kenya in an arbitration matter arising from the failure by a supplier to deliver a consignment of fuel within the period contracted. The main issue arising was whether the client was entitled to claim lost profits for having to procure the fuel from another supplier at a higher price than the tendered price. The value of the subject matter was approximately US$32 million.
- Advised in the arbitration of a dispute in which the main issue for determination was the power and/or authority of the airport authorities to exclude an air charter company from using the parking and landing facilities in the airports around the county. The client’s potential loss was estimated at US$500,000.
- Advised a client in a dispute involving a minority shareholder claiming the value of his shares from the company. The claim was for approximately Kshs. 400 million (approximately US$4 million). We succeeded in having a portion of the Award on the issue of interest set aside by the High Court.
- Advised a proprietor of a leading chain of hotels in an arbitration involving the cancellation of a contract for the setting up of a business centre at the biggest international airport in Kenya. The arbitration was determined in favour of the client with the arbitrator awarding damages in the sum of Kshs. 80 million (approximately US$800,000).
- Advised two oil companies in a suit seeking to challenge subsidiary legislation promulgated by the Ministry of Energy. The constitutional issue arising was whether the right to property as enshrined in the Constitution of Kenya includes the right to secure the means to make a decent living and whether therefore a subsidiary legislation, the inevitable effect of which is to cause financial loss to a business, is unconstitutional.
- Advised the IEBC and its Chairman before the Supreme Court of Kenya in the Petitions that resulted from the March 2013 Presidential Elections. The Petitioners sought to challenge the presidential election results as announced by the IEBC. The Supreme Court unanimously found in favour of our clients.
- Advised the Kenya Urban Roads Authority in a suit seeking damages for the demolition of a building valued at US$1,2 million.
- Advised a leading Kenyan bank in a dispute resolution matter where a chargor challenged the bank’s right to appoint receivers over the chargor company as well as the bank’s rights to exercise its statutory power of sale in a bid to recover a debt in excess of Kshs. 643 million (approximately US$7.7 million).
- Advised a client in seeking a court order to compel the Kenya Revenue Authority (KRA) to refund long outstanding VAT refunds due to the client.
Legal 500 2015
IKM received recommendation and is described as “outstanding” and “excellent”. The Dispute Resolution practice is headed by Karori Kamau.
Martin Munyu is also recommended.
Chambers Global 2015
IKM is ranked in Band 2: Dispute Resolution with specific mention of Karori Kamau (Band 1: Dispute Resolution and Band 2: Arbitration). “He has a wealth of experience in commercial dispute resolution” and “his communication skills are excellent”. He is also highly regarded for his arbitration work, both as counsel and as arbitrator.
Martin Munyu is also mentioned and is noted to be “very well prepared” and “astute to developments”.
IKM’s Dispute Resolution lawyers “are very detailed and their opinions are well constructed and logical”. “They have a wealth of experience and their understanding of issues is very good.”