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Dentons Hamilton Harrison & Mathews

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Managing Partner: Adil Khawaja
Senior Partner: Richard Omwela
Number of partners: 11
Number of associates: 38
Languages: English, Kiswahili

Firm Overview:
Dentons Hamilton Harrison & Mathews is one of the largest law firms in Kenya with a long and distinguished history of exceptional service to its clients. The firm has consistently been rated as one of the top tier firms in Kenya by clients and various international legal directories. The firm provides a full range of services to an extensive client base.

Main Areas of Practice & Recent Transactions:

The team has vast experience in representing clients in local and international arbitral proceedings and is regularly consulted by foreign law firms, local and international clients.

The firm provides transaction and advisory services to various players in the aviation industry and has considerable litigation experience in this field.
■Kiragu Kimani is acting for the insurer of Ethiopian Airlines in claims by 32 Kenyan families arising from in the crash of flight ET302 which crashed in Ethiopia shortly after take-off on 10 March 2019

Business Set-Up & Regulatory Compliance:
The firm has a wealth of experience in assisting clients in setting up companies, branches of foreign companies and non-profit organisations, and in advising on regulatory and compliance requirements.

Banking & Finance:
The firm acts for many local and international banks in all types of financing transactions and undertakes a lot of banking-related litigation. Recent significant transactions include:
■Richard Omwela advising Standard Chartered Bank Kenya Limited (SCB) in financing Silafrica Limited for the purchase of machinery
■Andrew Mugambi, Lorna Mainnah and Sigee Koech advised a leading specialist modern warehousing property investment company Africa Logistics Properties (ALP) in signing a $26.5m senior debt loan facility with Stanbic Bank Kenya Limited (Stanbic Bank), a subsidiary of Standard Bank Group (Standard Bank)

The firm has extensive experience in advising on all aspects of competition law, including merger control, abuse of dominance, restrictive trade practices, cartels and other anti-competitive investigations under Kenyan law and the COMESA Competition Regulations.
■Richard Omwela acted for Distell Group Limited in the restructuring of its multi-tiered ownership structure
■Dr Daniel Wanjau advised a leading travel retailer in the sale and transfer of an interest in its Kenyan subsidiary

Constitutional & Administrative Law:
The firm has wide-ranging expertise in constitutional and administrative law matters and has been involved in litigation that has generated great public interest.
■Kenneth Fraser SC advised and represented the representative body of commercial banks in Kenya, the Kenya Bankers Association, as an interested party, in a constitutional petition challenging the constitutionality of Section 33 B of the Banking Act
■Kiragu Kimani is advising the Attorney General on various matters including: - Whether the cabinet is properly constituted having regard to the gender requirements set out in n the Constitution as well as representation of youth and persons with disabilities - Whether the creation of the office of Chief Administrative Secretary by the President of the Republic of Kenya is in contravention of the Constitution - What happens when the two houses of the National Assembly cannot agree on the division of revenue between the National and County governments

Dispute Resolution & Litigation:
The firm continues to be ranked as a top law firm in Kenya in dispute resolution.
■Kiragu Kimani is acting for an insurance company in a case involving the calling up of advance payment and performance guarantees worth over kshs. 46 billion issued by the client with regard to a large infrastructure project
■Kiragu Kimani is representing clients in a matter arising from a shareholders dispute and the management and control of the company
■Michi Kirimi is representing a client in a matter arising from the termination of a tender for a geothermal project in which the claimant seeks over USD 3million in damages

Employment & Immigration:
The firm undertakes employment-related litigation and alternative dispute resolution processes prescribed under the labour laws. The firm assists clients in drafting employment contracts and manuals and in making applications for work permits. The team regularly advises clients on labour law issues arising out of M&A transactions.
■Michi Kirimi continues to act for clients in the Employment and Labour Relations Court and recently successfully represented clients who had been sued by employees following a restructuring exercise
■Lorna Mainnah advised an international school on a redundancy process following a high-stake acquisition of an entity in charge of a group of schools in Kenya

Energy, Oil & Gas:
The firm has extensive experience in advising on power generation projects and oil and gas exploration and development.
■Dr Daniel Wanjau is advising an international health, safety and environment organisation that specialises in the energy industry on drafting the regulations for occupational health and safety in the petroleum sector in Kenya

M&A & Private Equity:
The firm undertakes significant work in M&A and private equity.
■Adil Khawaja acted as legal counsel to an investment company registered in the United Arab Emirates in its acquisition of a minority stake (12% equity) in an insurance company
■Andrew Mugambi acted as legal counsel to Africa Power (a Mauritian subsidiary of Gulf Energy Limited) in its sale of a minority shareholding in Gallant Power Limited to Everstrong Power Limited

PPPs & Infrastructure:
The firm is the leading firm in PPP work in Kenya and is advising on a number of PPP infrastructure and power generation projects, in addition to representing clients in PPP-related litigation.
■Andrew Mugambi acted as the Kenyan legal adviser on a World Bank Group study on the resilience of PPP infrastructure in Kenya
■Andrew Mugambi is aadvising the various contracting authorities under the Road Annuity Programme on PPP Projects on the construction and rehabilitation of various roads cutting across over 15 (of the 42) counties in Kenya

Public Procurement:
Kiragu Kimani and Michi Kirimi have exceptional expertise in public procurement related litigation and have represented clients such as the Government of Kenya, KenGen, Kenya Power and Lighting Company and Geothermal Development Company (GDC).

Real Estate, Planning & Environmental Law:
The firm has a dedicated team of real estate lawyers advising on conveyancing, planning, environmental law, and real estate financing and development.
■Adil Khawaja and Lorna Mainnah act for ALP North Limited, a wholly-owned subsidiary of African Logistics Properties incorporated in Mauritius, in relation to its biggest project and Kenya’s first Grade A logistic and distribution warehouse park
■Nafysa Adam acts for the British High Commission in a transaction pertaining to the exchange and development of properties

The firm has experience in advising on various Tax matters as well as representation in court.
■Kimani Kiragu is acting for a multinational company which is challenging the constitutionality of S.47(5) of the Tax Procedures Act which does not sanction the revenue authority by way of payment of interest when it delays in the payment of tax refunds, but imposes an immediate sanction on tax payers from the date of default even where those tax payers are owed refunds by the revenue authority
■Michi Kirimi is representing a client in the Tax Appeals Tribunal in a case by the client in the Tax Appeals Tribunal in a case by the client challenging the assessment of tax by the revenue authority in represent of reverse withholding tax


Total 3 contributions

Doing Business In.. 2020 Trends and Developments in Kenya

Adil Khawaja, Daniel Wanjau Muriu, Lorna Mainnah, Nafysa Adam, Peter Okaalet Jr

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Securitisation 2020 Law and Practice in Kenya

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