Firm / Organisation

Ashitiva Advocates LLP

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Senior Partner: Nelson Ihachi Ashitiva
Managing Partner: George King’ori Macharia
Number of partners: 7
Number of lawyers: 21
Languages: English

Firm Overview:
Ashitiva Advocates LLP is a Kenyan full service corporate commercial law firm comprising of 7 partners, 21 advocates and a compliment of 20 other professionals. The firm has three branches, Upperhill (head office), Gigiri and Nakuru. The firm was founded in the year 2010, and has grown substantially into one of the top law firms in Kenya. This is year (2020), the firm marks ten years of providing exceptional legal services.

Main Areas Of Practice:
Corporate – Commercial:

1 Partner, 3 Fee Earners
Key assignments:
■ Drafting the 31 new Kenya Civil Aviation (KCAA) Regulations 2017/2018 in consultation with the Technical experts from the Authority
■ Sale of Maasai Mara Eden Camp. The firm’s role included representing the seller in preparation of the NDAs, term sheet, due diligence and negotiating of the contract
■ Acquisition of a local media company in Kenya. The client, represented the acquirer. The firm carried out due diligence on local media company, prepared the agreements and attendant documents and sought regulatory approvals
■ Acquisition of stake in a local bank by a venture capital firm. The firm’s client, the venture capital firm, was acquiring a majority stake in one of the local banks
■ Setting up of the Kenya Innovative Finance Facility for Water (Kiffwa) Water Fund Project. The firm’s role included establishing the fund as a company limited by guarantee, setting up its tax strategy, framing its credit and security documentation policy and due diligence matrix, drafting, stamping and registering the Kenyan security documents and handling closing and postclosing matters
Key Clients: KIFFWA, Star Times (K) Limited, Schneider Electric, Kentegra Pyrethrum Company Limited, Care for Aids, BRCK International, Roselyn Academy, Kenya Airways Provident Fund, Kenya Civil Aviation Authority, Kenya Airports Authority, Centum Limited, Tullow B.V Kenya, Mo sound Limited, SIM International
Contact: Sylvia Kithinji:
Email: [email protected]

Dispute Resolution:
1 Partner, 4 Fee Earners
Key assignments:
■ Successful representation of the employees of a renowned local airline in a dispute between the said 312 employees and a contractor who had been engaged by the airline to construct 312 apartments for its staff
■ Representation of a company that imports reusable sanitary towels. The container carrying the goods was seized and confiscated by the standards authority in Kenya. The Standards Tribunal ruled in favor of the firm’s client
■ Successfully advising and offering the necessary legal support to an international media company during the infamous Digital migration case
■ Successfully prosecuting and defending trademarks disputes before the Trade Mark Registrar at the Trademark Tribunal
■ Successfully offering the necessary legal advice to a local company in the cotton industry with regard to its labour and employment matters. This had led to the company significantly reducing its labour disputes in court Key Clients: StarTimes Media (K) Co. Ltd, Kenya Airways, Kenya Union of Post Primary Education Teachers (KUPPET), Barclays Bank, Kenya Commercial Bank, Mwalimu National, Victoria Commercial Bank, Centum Limited, Galana Oil
Contact: George King’ori
Email: [email protected]

Energy, Infrastructure & Natural Resources:
1 Partner, 3 Fee Earners
Key assignments:
■ Assignment from the Government of Kenya in conjunction with the World Bank to develop an umbrella local content policy and local content regulations for the oil and gas sector
■ Consulting for the National Environment Management Authority (NEMA) for the review of the environmental regulations, and development of environmental inspection and monitoring manual in the petroleum sector
■ Consultancy services to develop the National Oil Corporation of Kenya’s fifteen year transformation plan as part of its rebranding strategy
■ The firm was engaged by the Kenya Nuclear Electricity Board to develop regulations that would strengthen and harmonise nuclear legislation that is based upon internationally accepted principles for the safe and peaceful use of nuclear energy
■ The government of Kenya had contracted a consortium comprising IHS Markit, Ashitiva Advocates LLP and Energy Solutions Africa Limited to review the current environmental regulatory regime, particularly the one related to waste and air quality management
■ The department was tasked with providing professional guidance to the Technical Committee (TC) led by the Ministry of Petroleum and Mining (MoPM) in the development of petroleum regulations as provided for in the Petroleum Bill (2015) as well as relevant inspection guidelines and permitting standards
Key Clients: National Oil Corporation of Kenya, Ministry of Petroleum and Mining & Ministry of Industry and Trade, Ubuntu, Tullow Oil, Ministry of Energy, County Government of Turkana, Engen Kenya Limited, Galana Oil Limited, Gulf Energy Limited
Contact: Doris Mwirigi
Email: [email protected]

Real Estate, Banking & Financial Services:
2 Partners, 6 Fee Earners Key assignments:
■ UN Sacco Green Zone Project. The firm is currently representing the UNSACCO in a project that involves construction of 430 residential apartments
■ The firm was the transaction advisor of a renowned local real estate company. The firm’s role included overall project and management structure, the advance performance security required of the EPC contractor, drafting all agreements and the project and syndication management agreement and unit sale and lease agreements
■ The firm is the lead legal advisor for Urban World Properties Ltd on their Fadhili Homes Project which comprises 280 residential apartments on Kangundo Road in the outskirts of Nairobi City
■ After successfully representing a local airline in a litigation dispute, the firm’s clients engaged the real estate team to facilitate the change of user as well as to register the management company and to prepare the 312 long term leases and have the 312 apartments transferred to the clients names
■ The firm’s client is developing 100 apartments along Ngong Road in Nairobi. The department’s role includes project planning, drafting agreements with the EPC contractor, incorporation of the management companies and drafting sale agreements and leases Key Clients: Royal Suburbs Limited, UN Sacco Green Zone Project, Longonot Gate Limited, Urban World Properties Limited, Tullow Oil, Kenya Airways Staff Housing Project, Maha Properties Limited, Centum, Grande Park Estate Limited, Kenya Commercial Bank, Barclays Bank
Contact: Ribin N. Ondwari: [email protected]
Catherine Kinyanjui: [email protected]
Winnie Mumalla: [email protected]

Technology, Media & Telecommunications (TMT):
1 Partner, 4 Fee Earners The newly formed department is fluent in information technology procurement, from complex global technology outsourcings to software licensing, development and maintenance arrangements.
Contact: Sylvia Kithinji
Email: [email protected]