Managing Partner: Geoffrey Imende
Deputy Managing Partner: Emmanuel Wetang’ula
Senior Partners: Mohammed Nyaoga, Professor Githu Muigai, S.C
Partners: Guto Mogere, Georgiadis Khaseke, Wanjirũ Ngige
Associates: Gabriel Mwangi, Caroline Wanja, Joanne Njoroge, David Angwenyi, Simon Njege, Muigai Githu, Sharon Buyanzi, Dennis Mungai
Languages: English, Kiswahili
Founded in 1988, Mohammed Muigai LLP has grown to become the leading law firm in Kenya. The firm’s presence in Kenya for over 30 years has brought recognition in providing specialised legal advisory services, high level dispute resolution (through both litigation and alternative dispute resolution mechanisms), complex and big value property transactions. Mohammed Muigai LLP has a keen understanding of the legal, commercial and regulatory environment in Kenya.
The firm recently rebranded to Mohammed Muigai LLP on 14th September 2018 and is organised into four departments. These are the dispute settlement (litigation and alternative dispute resolution) department, commercial and corporate transactions department, banking securities and real estate department and the legal advisory and consultancy department.
Main Areas of Practice
Dispute Settlement (Litigation and Alternative Dispute Resolution):
Mohammed Muigai LLP is involved in day to day dispute resolution matters before both domestic and international courts and tribunals.
The firm’s advocates handle briefs before all courts in Kenya’s judicial hierarchy. The firm represents clients in matters before the Magistrates Court, the High Court, the Court of Appeal all the way up to the Supreme Court. This representation also extends to various tribunals including the Business Premises Rent Tribunal, The National Environment Tribunal, the Retirement Benefits Appeals Tribunal, the (Advocates) Disciplinary Tribunal and the Tax Appeals Tribunal to mention but a few.
With a hard-to-rival success rate, Mohammed Muigai remains the firm to consult in respect of complex litigation and alternative dispute resolution matters within the East African region. The firm’s advocates have vast experience and expertise in numerous areas of legal practice including public procurement law, judicial review, constitutional and administrative law, media law, environment and land law, tax law, employment law, banking law and finance law, corporate governance and intellectual property law.
The firm’s expertise and experience is not limited to appearing before the various judicial fora alone. The firm’s partners are Chartered Arbitrators and Mediators who have conduct of high level arbitration, negotiation, and reconciliation and mediation matters.
Mohammed Muigai’s continued commitment to its clients ensures that any matter is prosecuted efficiently and effectively to guarantee a favourable result. The firm’s clientele include state corporations, banking and finance institutions, nongovernmental organisations as well as individuals.
In the past year, Mohammed Muigai LLP has been engaged in numerous briefs with notable success.
■ Successfully represented the Kenya Airports Authority before the Environment and Land Court at Nairobi in a dispute over a Duty Free Shop situate in Jomo Kenyatta International Airport
■ Represented the national carrier, Kenya Airways, in an appeal against the reinstatement of engineers thereby setting aside an order of the Employment and Labour Relations Court at Nairobi
■ Currently engaged before the Supreme Court of Kenya on behalf of the Kenya Ports Authority in a dispute concerning the constitutionality of a provision of the Kenya Ports Authority Act. These proceedings arose following the firm’s successful representation of the Kenya Ports Authority before the Court of Appeal
■ Represented RMA Motors (Kenya) Limited in a tax dispute before the Tax Appeals Tribunal
■ Represents a leading corporation before the National Environment Tribunal in a dispute over an ongoing mega- construction project Nairobi
■ Successfully represented the Independent Electoral and Boundaries Commission (IEBC) in various election petitions arising from the 2017 General Elections, most notably the election for Senator, Narok County and Governor, Kajiado County
■ Represents a leading Bank in a class action suit by former employees in a dispute over a Voluntary Exit Scheme
■ Succeeded in a defamation suit in which damages of Kshs. 12 million were sought from a well-known media company
Commercial & Corporate Transactions:
Mohammed Muigai LLP advises a large number of locally and internationally based businesses and corporations. The firm efficiently offers a variety of corporate and commercial services in a number of fields such as equity investments and joint ventures, public offerings, share issues, mergers, acquisitions and disposals, corporate restructure and trade finance and others.
The services relate to a wide range of commercial transactions, including share purchase agreements, settlement agreements, deeds of variation, shareholders agreements, asset purchase agreements, non-compete agreements, consortia agreements, non-disclosure agreements, joint ventures, merger and acquisitions, de-mergers, escrow agreements, deeds of subordination, trust deeds, partnership deeds, technology transfer agreements, licensing assignments, privacy and disclosure agreements, annual maintenance contracts and value adding reseller agreement and attendant due diligence reports.
The nature of the advice rendered requires expertise in matters corporate and commercial law. This involves carrying out due diligence and on laws and regulations not only in Kenya but in other jurisdictions as per clients’ needs. Mohammed Muigai LLP has the vast experience and expertise to successfully deliver on its clients demands.
The firm also has a well-earned regional reputation as leading lawyers for banking, insurance and financial institutions. The firm’s approach to corporate and commercial transactions entails the conduct a critical review of its clients’ requirements vis a vis the prevailing conditions in the external market. The firm also analyses documentation and scrutinises current strategies, policies, rules and regulations prevailing in the market which affect clients’ business.
Mohammed Muigai LLP is keen on leveraging its advocates’ vast experience and knowledge of best practices to adequately inform and advise clients on strength, weakness, opportunity and threat (SWOT) analysis in the market with a view of guaranteeing a desired outcome. The firm designs structures and models to fit the specification of its clients in any transaction. The team at Mohammed Muigai LLP has the capacity to execute assignments and to deliver plans that achieve clients’ objectives of growth and optimisation to ensure increased profitability and market share.
Banking Securities & Real Estate:
The firm provides a wide range of services to its clients including the conduct of due diligence in land transactions, conducting searches at the relevant lands registries, obtaining titles, preparing high level and complex property schemes, advising and effecting change of user, negotiation, creation and perfection of securities. Services relate to a wide range of land transactions, including sale agreements, charges, transfers, amalgamations, professional undertakings, discharge of charges and assignments. The firm has numerous clients in the banking and financial industry who engage the advocates in their property and security transactions. The firm’s advocates have the knowledge, expertise and proper professional background with unique exposure to land and related transactions.
Legal Advisory & Consultancy:
Mohammed Muigai LLP has vast experience and expertise in legal advisory and consultancy. This includes providing specialised services through a keen understanding of the legal, commercial and regulatory environment in Kenya. The firm has been involved in transactions relating to corporate and legislative advisory services, and has advised on corporate restructures, mergers, acquisitions, intellectual property, insurance, tax and infrastructure to mention but a few.
The firm’s success and prominent practice of regulatory and advisory matters is built on the strength, experience and expertise of its advocates in the relevant disciplines. Mohammed Muigai LLP’s involvement in advisories entails the conduct of due diligence in transactions, review of critical documentation and advising on legal and regulatory matters affecting its clients. Currently, the firm is offering advisory services in the following notable transactions:
■ A public private partnership (PPP) project between the Government of Kenya and a major bank on public housing
■ Advising a leading telecommunications company on the legislative and regulatory gaps affecting competition in the telecommunications sector in Kenya
■ Advising the CAK on complex litigation relating to Data Protection legislation
■ Advising a consortium in a PPP Housing Project with a County Government
■ Advising a major oil company on early oil production in Northern and North Eastern Kenya
■ Advising a leading Bankers Association in proposed changes in banking law
■ Advising the government of Kenya on the enhancement of the roles of micro, small and medium enterprises in the attainment of the Big 4 Agenda