What We Do Best

Practice Areas

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Why Choose Us

Established In 2006, MK Advocates Has Positioned Itself As A Leader In Ethical Legal Practice In Kenya.

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driven

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motivated

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creative

Be part of something great

Human Resource

We believe that our greatest resource is our well-trained and continuously adapting and developing human resource. Nonetheless, we recognize that this must be facilitated by top notch physical facilities, effective systems and other intangible resources.

The Physical Space.

We occupy 3000 square feet of office space at I&M Bank House Building 4th Floor, 2nd Ngong’ Avenue, a convenient location in the Community/Upper Hill area of Nairobi, close to the CBD. Our offices are adjacent to the Ministry of Lands building and a short walk from the Milimani Law Courts. We have ample and secure Parking, a well-appointed Reception area, two well-designed Board Rooms and meeting rooms/offices/sufficient registry facilities to enable us fully cater to our Client’s work needs.

Our Kisumu Branch Office in Kisumu Town occupies 1500 square feet of office space at the Reinsurance Plaza, 4th Floor.

The Technical & Information Support.

We have a well-stocked and modern library, ready access to Information databases and resources through the Internet and office software, modern ICT devices for communication and research, and access to sufficient stationery/printing facilities. We have in place the WakiliCMS software, an office management system on cloud. We also have the MK Share network, connecting all users in the office and a backup cloud file storage platform.

Effective Systems.

To achieve our Mission and Vision we have established robust systems, procedures and processes. We have developed a client feedback system direct to the team leader of every assignment, and finally to the Managing Partner, whose mobile number and email address are available to clients in our service charter.

Professional Indemnity Cover.

We are continuously implementing systems to ensure we minimize error, own up to them when they occur and learn from them, resolve them with best outcome for Client, and cover for the financial risk inherent in service delivery by an adequate professional indemnity cover, whose details are available upon request.

We will fight for you, let’s take the first step together and help you win your case

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LITIGATION DEPARTMENT

CONSTITUTIONAL PETITIONS AND JUDICIAL REVIEW

We were retained to represent a former Commissioner of the National Land Commission (NLC) in a petition seeking the enforcement of the Supreme Court Advisory Opinion Reference No. 2 of 2014: In the Matter of the National Land Commission, which outlined the functions and powers of the NLC the one hand, and the functions and powers of the Ministry of Land, Housing and Urban Development on the other hand. The Petition was dismissed by the High Court for being res judicata but on appeal that Judgment was vacated.

We successfully defended the views of the Law Society of Kenya (LSK) which ws the respondent in a Petition challenging the Constitutionality of Section 22(1)(b) & (c) of the Advocates Act, which stipulates to the application for and issuance of practicing certificates. The Petition was dismissed.

We were retained to represent the Capital Markets Authority (CMA) in two appeals arising from determinations of the High Court (Judicial Review Division) that were challenging the procedure for removal of its former officials from office.

We successfully represented the views of the Kenya Christian Professionals Forum in two Constitutional Petitions challenging the constitutionality of Sections 163 & 165 of the Penal Code and various sections of the Films and Stage Plays Act which outlaw acts of homosexuality.

We successfully represented the Nairobi County Assembly in a Judicial Review dispute where it had been sued for illegal deployment of staff. The matter was dismissed.

We successfully defended the views of the Judicial Service Commission in two petitions challenging the vetting process carried out by the defunct Judges and Magistrates Vetting Board. The Petitions were dismissed.

We were part of the team that represented various political parties to determine the lawful threshold on funding of political parties.

We were part of the legal team that represented the residents of Sinai in obtaining compensation following the Fire Tragedy of 12th August, 2011.

EMPLOYMENT AND LABOUR RELATIONS

The Firm acted for and successfully defended 19 management members of staff of a major bank in a complex employment claim. The claim raised several weighty issues of law including secondment, restructuring, negotiation of redundancy packages, discrimination and enforcement of court orders extra-territorially.  The Firm secured a package totaling to Kshs. 250 million.

Successfully acted for a client in suing for unfair termination against an international mining company. The suit was referred to Arbitration where the Firm again successfully represented the client and secured a favorable separation package for him.

We successfully represented three former employees of the County Government of Garissa in a case of unlawful termination. The Court awarded the three Petitioners KSh. 53 Million.

The Firm has represented several clients in various employment and labour-related disputes both in court and in arbitration, where such disputes include discrimination, wrongful termination, unfair severance packages and harassment among others.

COMMERCIAL LITIGATION

We were retained to represent a major company in recovering either the suit property or an amount of KSh. 500 million being the purchase price for the suit property.

We were retained to represent various clients in a suit against a major telecommunications company over the termination of a telecom-dealers agreement. The claim was for an amount of over Kshs. 300 million.

We were retained to represent an Architectural firm in an application to discontinue arbitration proceedings before an Arbitrator appointed by the Chartered Institute of Arbitrators.

We were retained prosecute an unfair prejudice Petition in which a Director in a company fraudulently removed his co-director from the management of a Petroleum company and mismanaged petroleum stock worth over Kshs. 327 million. We successfully prosecuted the claim and judgment was issued in our favour.

BANK RECOVERIES AND DEBT COLLECTION

We prosecuted a claim against a railway company for the recovery of over USD 650,000 that remained unpaid on a Contract for the Supply of Railway Equipment. Judgement was issued in our Client’s favour and the matter is now at the Execution Stage.

We were retained to represent a major bank in recovering an amount of over USD 3.6 million accruing from the breach of a Professional Undertaking by another major bank in the country.

We were retained to represent a major bank in recovering over KSh.350 million being the principal amount and accruing interest for a loan facility advanced to a defaulting Chargor- a real estate development company.

We were retained to represent a leading law firm in the recovery of KSh. 60 million being the accrued legal fees provided to its former clients who reneged on the Fee Agreements.

We were retained by a commercial bank to represent it in credit agreement suit in which its customer defaulted on a credit advancement of over Kshs. 60 Million.

ELECTION PETITIONS

We have successfully prosecuted election petitions against sitting Members of the County Assembly, Members of the National Assembly, Senators and Governors at various Election Courts including the Magistrate Court, High Court, Court of Appeal and Supreme Court.

We successfully defended our client’s seat as the Member of National Assembly, Kibwezi East Constituency in an Election Petition filed by her opponent. The Petition was dismissed with costs by the High Court and the Appeal was also dismissed with costs by the Court of Appeal.

We have successfully represented sitting Members of the County Assembly, Members of Parliament against election petitions filed against then at various Election Courts including the Magistrates Court, High Court, Court of Appeal and the Supreme Court.

We have successfully represented a political party in a petition challenging its candidate for the position of Member of the National Assembly.

We have successfully defended a nominated Member of the National Assembly against a petition challenging her nomination on the basis of the position of her name on her political parties’ nomination list.

We have successfully represented candidates for various political party positions at the Independent Electoral and Boundaries Commission, Registrar of Political Parties and  Political Parties Disputes Tribunal.

CRIMINAL PRACTICE

We were retained to represent a client who has been accused of fraudulently obtaining money from IEBC amounting to Kshs. 70 million. The Client was also accused of using his position to influence the award of various tenders from the company.

We were retained to represent three clients charged with abuse of office. The clients are accused of enabling individuals and businesses evade taxes at the ports thereby leading the Government to lose revenue worth millions of shillings.

We successfully defended a client who had been charged with abuse of office for allegedly using his position to allow substandard goods to be cleared at the various ports of entry.

We successfully defended clients who had been accused of allowing substandard fertilizer into the country without KEBS certification.

The Firm successfully represented a client at the Court of Appeal, who had been accused of defilement. The charges were quashed and the client was set free.

Part of a team that successfully represented a client who had been accused of obtaining money by false pretense. The case was quashed for lack of sufficient evidence.

Part of a team that successfully represented a client who had been wrongly accused of terrorism.

LAND AND ENVIRONMENT MATTERS

The Firm represented a commercial bank in a land dispute over a parcel of land worth over Kshs. 150 Million. The land had previously been surrendered to the Government as a public utility but the then Commissioner of Lands issued a freehold title in respect of the land to a company which in turn sold to the Bank.

We were retained to represent a client in a land dispute involving a parcel of land was irregularly dispossessed. The parcel of land is worth over Kshs. 70 Million.

The Firm successfully represented a Client in a land matter in which the Client’s title had been fraudulently duplicated and the Property subsequently sold to third parties. The property worth over Kshs. 250 million was returned to the client.

We successfully represented a Client in petitioning for the recovery of land that was grabbed illegally by various private individuals. The land was returned to the Institute.

We successfully represented a client in petitioning for the recovery of land illegally grabbed from the County Government of Busia by the Busia Sugar Company and Mumias Sugar. The land was successfully returned to the County Government.

Firm Training

Under our Legal Education Department, the Firm provides training programmes that are targeted to and provided for the following sets of clients:

  1. Commercial entities;
  2. Parastatals and other government bodies;
  3. Non-governmental organisations; and
  4. Organised groups such as welfare groups and chamas

 

We are ready, willing and able to train on several specified topics in the legal realm and we welcome you to provide us with a topic you would like to be trained on and we will be sure to deliver a training session to and beyond your expectations.

 

To get you started, we have conducted training on the following legal subjects and you are free to contact us should you want a session on any of the subjects.

 

General Legal Topics

This package comprises sessions on general legal issues, geared towards equipping the non-legal staff of your entity with basic legal and technical knowledge on issues pertaining to:

 

·         Succession and Wills

·         Property Acquisition

·         Family Law

·         Alternative Dispute Resolution

·         Intellectual Property

·         Traffic Offences

·         Retirement Planning & Financial Security

Department-Specific Topics

This package is designed for sole departments, management teams and the Board. The training will focus on sector-specific laws and regulations and their legal implications on the entity. Topics include:

 

·         Legal Implication of Covid-19 on Contracts and Employment

·         Corporate Governance

·         Employment Law

·         Corporate Compliance

·         Emerging Legal Matters

·         Importance of Legal and Governance

Audits

 

For corporates, we recommend:

 

Departmental training

The Legal Department, the Human Resource Department, the Finance Department and others can be trained of different topics tailored to the specific professionals

General Training

Your employees will definitely appreciate a legal crash course on matters such as family law, intellectual property, retirement planning or succession and wills

 

 

Should you be interested in any of this, kindly contact our Associate in charge of Corporate Trainings:

Jeffrey Kirira – jkirira@mumakanjama.com and copy info@mumakanjama.com.

 

NB.:     For existing clients, please contact us to discover whether you qualify for One Free Training!

ALTERNATIVE DISPUTE RESOLUTION DEPARTMENT

Through the Lexserve Dispute Resolution Centre the Firm has extensive involvement in Arbitration, Mediation, Negotiation, Conciliation,  and other Alternative Dispute Resolution mechanisms. The Partners are registered members of the Chartered Institute of Arbitrators, Kenya Chapter (M.CIArb) with Andrew Muma also a Certified Mediator. Notable assignments by the department are as follows:

Arbitration;

  • Representing and attending Arbitration proceedings touching on construction, labour, commercial and intellectual property disputes.
  • We, through the Partners, have been appointed arbitrators in conflicts revolving around contested commercial agreements, joint ventures etc.
  • We have set up facilities for electronic Arbitration on easy Arbitration(e-Arb) of commercial disputes.

 

Mediation & Conciliation;

  • We have conducted successful mediation of estates of deceased persons.
  • We have conducted successful reconciliation of family disputes.

 

Negotiation;

  • We are experienced Negotiators and represent our clients in securing best alue in contract negotiation.

FAMILY & CRIMINAL PRACTICE

Muma & Kanjama handles family matters including Maintenance Claims, Adoption, Divorce Causes and Succession Matters. The firm also handles all criminal matters as provided for in the Penal Code of Kenya, thus among the few notable law firms in Kenya that handle criminal matters. Notable assignments handled by the department are as follows:

  • Successfully represented families on contested estates, Divorce and Matrimonial Property Disputes.

  • Successfully represented various spouses in divorce cases and determination of matrimonial property.

  • Successfully represented clients in maintenance claims.

  • Successfully represented families in contested adoptions.

  • Watched briefs and participated as an intermediary in high profile criminal cases.

  • Successfully represented accused persons in various criminal matters.

  • Successfully represented an adoption agency in a complex inter-country adoption that is being challenged.

Intellectual Property Department

The firm is unrivalled in terms of Intellectual Property competence with several personnel qualified in Intellectual Property, including Andrew Muma who lectures Intellectual Property Law at the University of Nairobi. The Department offers advice to clients on all aspects of intellectual property, including registration, assignments and renewal of trademarks, copyright, industrial designs, patents and utility models and registered user/license agreements. Notable assignments by the department include:

  • Research on IP matters and provision of advice to clients, drafting industrial designs and patent applications for KIPI and ARIPO patent registries and advising on protection of copyright and reviewing and advising on franchising agreements.

  • Review, preparation and Registration of Powers of Attorney for several banks crucial in conveyance and transactional practices.

  • Registration of Trademarks and Renewal of marks making follow up with the Kenya Industrial Property Institute Registry

  • Preparation of ICT development Agreements and ICT/IP agreements for various software developers.

  • Engaged in research of Trademarks in Biodiversity Management in Kenya.

Corporate Secretarial

The firm has a fully-fledged Corporate Secretarial Department in collaboration with Lexserve Registrars dedicated to catering for the needs of the company and its members. Our services range from incorporation of companies, trusts, societies, co-operative societies, NGOs, business names and other specialized entities, to providing on-going advisory, secretarial and registrar services to these entities among others.

  • Setting up and registration of Unit Trusts for investment in various products for organizations. We have undertaken entity formation for entities seeking to establish businesses in Kenya. This has comprised incorporation of: companies, trusts, societies and Non-Governmental Organizations.

  • We have assisted and continue to assist a number of entities in annual compliance and statutory maintenance of their companies.

  • We have been involved in the corporate restructuring and share reorganisation for a number of companies.

  • We have assisted various trusts and companies in management of risk through advisory services on the best practices and corporate governance.

  • Provision of general Corporate Secretarial Services.

Support Services

Under our Support Services Practice Area, the firm is involved in Law Reporting and Legal Education Departments and ICT Law. The practice area is headed by Charles Kanjama and managed.

LAW REPORTING AND LEGAL EDUCATION DEPARTMENT

Tapping from our strength in highly trained lawyers working in various reputable universities including University of Nairobi, Strathmore University and others, the firm seeks to move law reporting and legal education to the next level by creating a link between legal education, practice and the Bench by developing state-of-the-art interactive legal reporting and hands on awareness of the law and legal critique of judicial authorities. This will give our clients an up-to-date and unrivalled legal awareness and library.

ICT DEPARTMENT

The practice area also tackles matters of Information and Communication Technology law, web design contracts, brochure design contracts, hardware and user agreements; developing and restructuring ICT Policy for organizations to comply with the legal environment etc. We service both large (tier 1) as well as small & medium size (tier 2) technology companies.

Commercial Department

REAL ESTATE AND PROPERTY MANAGEMENT

The Firm has been involved in high-end real estate transactions ranging from property sales to commercial lease management. We have assisted a leading University in the advertising, analyzing of bids and successful sale of its properties.      

The Firm has acted for a Client in providing an advisory opinion on the construction of a state-of-the-art mall in Nairobi. We also provide consultancy and legal services to the Client specifically with regard to project analysis, due diligence, project feasibility, reviewing of project consortium agreements and preparation of leases for tenants among others.

The Firm is involved in the management of various commercial leases for a leading Christian Organization, where the Firm prepares and renews leases for the Organization with respect to all its buildings. We also prepare monthly reports for the Client with regard to the state of occupancy of the buildings.

The Firm has been engaged to act for the homeowners of a popular Estate in the City, which Estate has over 500 residents, commercial enterprises and other developments. The Firm has facilitated the reorganization of the Estate’s management structure from a single company to several management companies.

The Firm has also facilitated the change in leadership structures for various other companies in order to facilitate proper self-governance.

The Firm has been engaged as a legal consultant for a major Investment and Holdings Company seeking to reorganize from complex sole entities to subsequent management companies.

PROJECTS

The Firm has been involved in the preparation and finalization of a governance and institutional framework organization for the Kenya Railways Corporation in the Nairobi Metropolitan Services Improvement Program. In providing its report, the Firm conducted extensive stakeholder engagement and came up with a comprehensive report on the legal and regulatory framework governing the Project, options of the financing models suitable and the viable governance options for implementation of the Project.

The Firm has been involved in providing advisory to a Client and their developers on the best financing model for construction of a high-end student residential, residential and commercial units including an analysis of joint ventures and lease models in the form of a Build-Operate-Transfer basis.

The Firm has provided advisory services to a major university on its construction and development projects, including reviewing joint venture agreements and advising on favourable financing models.

We have undertaken numerous contract preparation and negotiation tasks for both national and international Clients in the Oil and Gas Industry, the Construction and Engineering Industry, Real Estate and Property Development Industry and government institutions.

LEGAL AND GOVERNANCE AUDITS

The Firm has conducted a legal audit for a major industrial manufacturer in the country.  The audit involved analyzing compliance in the Company’s corporate structure as well as making proposals for the restructuring and reorganization of the Company so as to conform to modern and more efficient legal standards.

The Firm has undertaken a legal audit for one of the largest supermarkets in the country. The assignment involved detailed analysis and examination on various components of the business including financial statements, legal compliance and regulatory compliance.

The Firm has acted as a Project Governance & Institutional Development Expert for a World Bank funded project undertaken by the Kenya Railways Corporation in conjunction with the Ministry of Lands, Housing and Urban Development. The Firm advised on key institutional and governance issues including Public Private Partnerships, Joint Venture arrangements, Public Procurement etc. as part of a local/international engineering consortium.

The Firm also provides routine legal advice on corporate governance to various government agencies and organizations including the National Transport and Safety Authority (NTSA), Law Society of Kenya (LSK), Kenya Christian Professionals Forum, Strathmore Educational Trust, Pacis Insurance Limited and various other organizations.  

BANKING AND FINANCE

We offer advisory to a number of commercial banks in Kenya in the process of preparation, perfection and realization of Securities. These banks include Equity Bank (Kenya) Limited, Stanbic Bank Kenya Limited, Housing Finance Corporation (HFC) and Ecobank Kenya Limited.

We offer general legal and compliance advisory to financial institutions including non-bank micro financial institutions and assist with license application processes.

We assist financial institutions in conducting comprehensive due diligence in property and succession related matters.

We assist financial institutions in preparation and registration of power of attorneys.

CONSULTANCIES AND LEGAL ADVISORIES

We have offered comprehensive legal advisory including conducting legal due diligence and legal and governance audits on several startup companies, mid-sized companies, large corporations and state corporations.

We have provided legal opinions to individuals and corporations in complex commercial transactions including mergers, acquisitions and joint ventures.

We have provided regulatory compliance advice to individuals and corporations relating to a wide range of commercial transactions in the areas of: property development, ICT, e-commerce, franchising, supply of goods and services, manufacturing, transport and fund management among others.

We have assisted with the preparation of agreements of different kinds dealing with proprietary interest in assets, information and intellectual property including agency agreements, share agreements, non-disclosure agreements, licensing agreements, leasing agreements and software agreements among others.

We have assisted with preparation of transaction facilitation agreements including cooperation and collaboration agreements, consortium agreements and joint venture agreements among others.

We have offered comprehensive advisory to individuals and corporations at the pre-contractual stage in negotiations with counterparties and structuring of engagements.

CORPORATE REORGANIZATION

We have assisted corporations including Societies, Trusts, Charitable Trusts, NGOs, Companies Limited by Guarantee, Private and Public Companies and State Corporations in restructuring to align themselves with changes in their objectives, business environment or regulatory framework.

We have offered legal advisory related to corporate and project financing through equity, debt, mergers and acquisitions and private public partnerships.

We have offered advisory to charitable trusts in seeking applicable tax exemptions from the Kenya Revenue Authority (KRA).

We have offered comprehensive advisory to state corporations in reviews relating to amendment of legislation towards parastatal reorganization.