The team is well equipped to handle litigation matters of complex nature in and out of country. We strive to provide our clients with the best legal solutions to settle issues and disputes.
Our aim is to ensure that our clients reach a favorable settlement
Pre-litigation affairs
a) Drafting and sending demand letters;
b) Resolving disputes through negotiation, preparing settlement agreements
c) Filing for property preservation orders.
Litigation includes: Contract Disputes, Trade Disputes, Corporate Disputes, Financial Disputes, IP Disputes, Customs Disputes, Construction Disputes, Maritime Disputes, Product Liability, Torts, Tax Disputes, Family Disputes, Criminal Defense, Environmental and Mining Law etc.
We have a breath of experience, remarkable knowledge and established track record in development projects, land transfers and current land law regulations. The team has acted for foreign real estate companies in the financing, development and sale of executive residential units.
We have represented over thirty (30) developers in the purchase of land for purposes of undertaking projects and sale of the developed units which are evident in the recent real estate development in Kilimani and Kileleshwa. Some of the developments include; Parry West Apartments, Diamond Homes Apartments, Heartland Homes Apartments, Ndemi Gardens Apartments, Kaisa Gardens Apartments, City Oasis Apartments, Gatundu Heights Apartments, Urban Oasis Apartments, Sky city Dwellers Apartments, Mideya Gardens Apartments and Gold Park Homes Apartments just to mention a few.
Brian Otieno and Company Advocates has gone further to conduct Environment Impact Assessment and Audits for their respective clients based on their In-house capability and experience that as facilitated smooth development by clients.
Further to that we assist clients in acquiring County Governments approvals, Change of user, NCA and NEMA licenses as well as extension and renewal of leases. The firm has also advised numerous individual clients on the sale and/or purchase of land in various parts of the Country, including carrying out detailed due diligence and advising on financing where need be. Our team is equipped with abilities on all types and categories of property and rental dispute cases, ranging from transfer of property to mortgage and occupancy rights.
We have a proven track record of working with multinational construction companies, developers, suppliers and owners. We also offer legal solutions for major construction projects
Banking and finance is at the heart of every economy, providing the means to help businesses expand and investors grow. Our team provides legal services to both international and local commercial banks, global financial establishments, investment firms and insurance companies. Our extensive exposure to international banking and financial law enables us provide our clients with cutting edge and tailored solutions. We deal with matters related to borrowing and lending of money, bills of exchange and foreign exchanges. Our dedicated team of banking lawyers and legal advisors specialize in solving complex financial cases and operationÂ
Our team of lawyers has extensive experience advising clients in the financial industry, including banks, financial institutions, private equity firms, investment banks, and other entities involved in financial transactions. Our banking and finance practice areas include: Corporate finance: Our lawyers advise clients on a wide range of corporate finance matters, including debt and equity issuances, loan agreements, and mergers and acquisitions. Banking regulations: We have a deep understanding of the complex regulatory framework governing the banking industry.
We provide clients with comprehensive advice on compliance matters, such as capital adequacy, liquidity, and risk management. Securities: Our lawyers are experienced in advising clients on securities law matters, including public offerings, private placements, and securities trading. Capital markets: We provide clients with advice on capital market transactions, including initial public offerings, secondary offerings, and bond issuances. Our team of lawyers includes experts in various areas of banking and finance law, including corporate finance, banking regulations, securities, and capital markets. We have a proven track record of success in negotiating complex financial transactions and providing clients with strategic advice to help them achieve their goals.
Employment and workplace relations laws impact every company from a startup hiring its first employee to a multinational powerhouse facing a complex class action. Our labour, employment and Occupational Health and Safety lawyers focus on representing clients in matters arising from the employment relationship.
From the development of policies and advice on day-to-day employment issues to defending employers against class, collective and individual claims. Our team supports clients across the full employment life cycle.
We further deal with pension schemes and are empaneled by the Retirement Benefits Authority (R.B.A).
1. County Governments – County Governments of Kenya account for a huge percentage of the Human Resource in public service in the country. County Governments have through their respective County Public Service Boards and through statutory provisions of the County Governments Act and Public Service Commission Act been responsible for the recruitment, selection, appointment, secondment and deployment of staff. We have over time grown to represent, advise and develop human resource frameworks for various counties that has enabled them resolve employment disputes.
2. Trade Unions, The Kenyan Constitution and Employment Act has enabled various trade unions to institute class action against employers on behalf of members. The firm has successfully litigated numerous employment disputes on behalf of various trade unions and is responsible for the amicable resolution of time to time industrial actions by Employees. The firm has also represented unions in negotiations and registration of multiple Collective Bargaining Agreements.
3. Pension emoluments- This are the pension dues owed to a pensioner at the time of retirement. The firm has expertise in pension matters having represented both pension schemes and pensioners at the Retirement Benefits Tribunal.
Arbitration and mediation have gained significant popularity in resolving disputes especially in commercial and family disputes due to the flexibility of procedure and the confidential nature of the proceedings. We understand that litigation can be costly and time consuming, and that Alternative Dispute Resolution methods offer a more efficient and effective way to resolve disputes.
Our Advocates are skilled negotiators and mediators and can help parties find common ground and reach a mutually beneficial resolution. Our arbitration practice includes representing parties in domestic and international arbitration proceedings. We have experience handling a wide range of disputes, including commercial, construction, employment, and more.
Our Advocates are familiar with the rules and procedures of major arbitration institutions and can provide guidance on the most effective strategies for resolving disputes through arbitration. In addition to our arbitration practice, we also have a robust mediation practice. Our team can assist parties in all types of disputes, from family law to business disputes, and can help parties find creative solutions that meet their needs and interests.
We are committed to providing a neutral and confidential environment where parties can explore potential resolutions and reach an agreement that works for everyone. We understand that every dispute is unique, and we will work closely with you to develop a tailored strategy that meets your specific needs and goals. Our Advocates are committed to helping parties find a resolution that is both efficient and effective and will work tirelessly to achieve that goal.
Divorce disputes normally involve the partition of assets and custody of the children. In some situations, couples are unable to divorce by way of settlement agreement, and instead have to litigate the issues in court. We have successfully handled and helped many clients with negotiation and litigation regarding their divorce.
Our target is to help clients and ensure that their maximum legal rights are protected. The team has worked on drafting of wills, management of estates and succession matters both Testate and Intestate. At Brian Otieno & Company Advocates, we understand that family and succession matters can be highly personal and emotionally charged. Our team of experienced lawyers is dedicated to providing compassionate and effective legal guidance to individuals and families throughout the process of planning for the future, managing disputes, and protecting their assets.
Our Family and Succession Practice Area includes the following services: Estate Planning & Management: Our lawyers can help you develop a comprehensive plan to manage your assets during your lifetime and distribute them after your death. We work closely with clients to understand their unique needs and goals, and we develop customized plans that may include wills, trusts, powers of attorney, and other estate planning documents.
Probate and Estate Administration: We assist clients with the legal processes involved in settling an estate after a loved one has passed away. We can help with everything from identifying and valuing assets to preparing and filing estate tax returns.
Family Law: Our lawyers have experience handling a wide range of family law matters, including divorce, child custody, child support, spousal support, and adoption. We work to protect the best interests of our clients and their families throughout the process, and we strive to achieve fair and equitable outcomes
Our commercial and corporate team has specialized in drafting, negotiating and analyzing commercial agreements and contracts and considerably knowledgeable to serve your company’s needs.
Our experts help businesses in dealing with legal matters including formation of the business, structuring and restructuring of businesses, corporate governance, mergers and acquisition. We also offer services in respect to litigation, arbitration and insolvency. We have advised many corporate giants in commercial transactions and Mergers.
Our chief objective is to assist businesses in accomplishing their commercial targets cost-effectively and practically. The firm also deals with registration of business entities such as partnerships, trusts, co-operatives, NGOs, companies and societies. Our team of experienced lawyers provide practical, business-oriented legal advice to companies of all sizes, from startups to multinational corporations.
We understand that corporate and commercial law can be complex and constantly evolving, and we are committed to staying up-to-date on the latest developments in the field. Our lawyers have a deep understanding of the legal and regulatory framework governing businesses and are equipped to handle a wide range of corporate and commercial matters.
Our corporate practice includes entity formation, corporate governance, mergers and acquisitions, and more. We have experience representing buyers, sellers, and investors in both domestic and crossborder transactions and can provide guidance on complex legal and business issues that may arise.
In addition to our corporate practice, we also have a robust commercial practice. Our team can assist with contract drafting, negotiation, and review, as well as provide advice on a wide range of commercial issues, including intellectual property, employment law, and regulatory compliance.
At Brian Otieno & Company Advocates, we understand that every business is unique, and we work closely with our clients to develop tailored solutions that meet their specific needs and goals. We strive to build long-term relationships based on trust, integrity, and results and are committed to providing our clients with exceptional service and value
At Brian Otieno and Company Advocates, we assist our clients to promote policy change, contribute to draft legislation and manage regulatory risk that could affect their business. We have contributed to the development and drafting of a significant number of legislation in Kenya by offering legal advice and support to the policy-making institutions, government departments, legislators, regulatory authorities and other stakeholders to draft legislation and policies in the County Governments.
The Department is tasked with carrying out of gap analyses to determine legal lacunae or improve the existing legislation. We regularly assist our clients in analyzing proposed legislation to keep them informed of the potential changes as well as how they may impact their operations
Our litigation experience covers all aspects of marine disputes, including casualties (high profile casualties involving loss of vessel, crew and passengers, and cargo), spills, collisions, construction, cargo damage, and contract disputes. Our arbitration experience includes complex international maritime arbitrations and disputes regarding shipbuilding contracts, container leases, marine insurance, oil and gas, international sale of goods, and trade finance.
Our team of experienced lawyers have a proven track record of success in both magistrates and superior courts and we are committed to protecting our clients’ rights and interests at every stage of the criminal justice process. We understand that being charged with a crime can be a frightening and overwhelming experience, and we are here to help.
We have experience defending clients against both misdemeanour and felony charges and are prepared to fight for the best possible outcome in every case. Our lawyers are skilled negotiators and litigators and will work tirelessly to secure a favorable outcome for our clients. We understand that every case is unique, and we will develop a tailored strategy that takes into account the specific circumstances of your case.
In addition to our criminal defense practice, we also handle post-conviction matters, including appeals and probation hearings.
Our maritime team represents clients in a wide range of maritime-related litigation and arbitration matters, including complex matters arising from mass casualties, seafarer’s rights, commercial disputes, international trade, and bilateral investment treaties.
Our litigation experience covers all aspects of marine disputes, including casualties (high profile casualties involving loss of vessel, crew and passengers, and cargo), spills, collisions, construction, cargo damage, and contract disputes.
Our arbitration experience includes complex international maritime arbitrations and disputes regarding shipbuilding contracts, container leases, marine insurance, oil and gas, international sale of goods, and trade finance
Our maritime team represents clients in a wide range of maritime-related litigation and arbitration matters, including complex matters arising from mass casualties, seafarer’s rights, commercial disputes, international trade, and bilateral investment treaties.
Our litigation experience covers all aspects of marine disputes, including casualties (high profile casualties involving loss of vessel, crew and passengers, and cargo), spills, collisions, construction, cargo damage, and contract disputes. Our arbitration experience includes complex international maritime arbitrations and disputes regarding shipbuilding contracts, container leases, marine insurance, oil and gas, international sale of goods, and trade finance.
Our team of experienced lawyers have a proven track record of success in both magistrates and superior courts and we are committed to protecting our clients’ rights and interests at every stage of the criminal justice process. We understand that being charged with a crime can be a frightening and overwhelming experience, and we are here to help.
We have experience defending clients against both misdemeanour and felony charges and are prepared to fight for the best possible outcome in every case. Our lawyers are skilled negotiators and litigators and will work tirelessly to secure a favorable outcome for our clients. We understand that every case is unique, and we will develop a tailored strategy that takes into account the specific circumstances of your case.
In addition to our criminal defense practice, we also handle post-conviction matters, including appeals and probation hearings. At Brian Otieno and Company Advocates, we are committed to providing our clients with the highest level of service and support. We understand that communication is key, and we will keep you informed and involved throughout the entire process.
We have a team of professional tax lawyers and distinguished experts who help us in understanding the taxation system and regulations. Our team assists you to strategize taxation methods that will help you and ensure compliance with the rules and regulations that have been set.
We deal with international tax, income tax, value-added tax, and capital gains tax, transfer pricing and domestic tax. The firm has effectively represented clients in the tax tribunal, reviewed decisions from the tax tribunal and conducted arbitration between clients and KRA towards settlement of tax disputes. We have acted for BGP Kenya limited on a major dispute which is a company involved in oil and gas exploration services
2. Energy Transactions and Contracts: Drafting and negotiating contracts and agreements related to energy production, distribution, and consumption, including power purchase agreements, construction contracts, and financing agreements.
3. Renewable Energy: Assisting clients in developing and implementing renewable energy projects, including wind, solar, geothermal, and biomass projects, and advising clients on the regulatory and financial incentives available for such projects.
4. Energy Litigation and Dispute Resolution: Representing clients in litigation and dispute resolution related to energy operations, including disputes over land rights, environmental liabilities, breach of contract, and regulatory compliance.
5. Energy Project Development: Advising clients on legal issues related to the development of energy projects, including land use, environmental impact assessments, and permitting requirements.
6. Mergers and Acquisitions: Advising clients on mergers, acquisitions, and divestitures in the energy sector, including due diligence, structuring, and negotiation of agreements.
7. Energy Policy and Advocacy: Advocating for clients before regulatory agencies and legislative bodies on matters related to the energy sector
Pension law is a body of law that governs the creation, operation, and management of retirement benefit plans. Retirement benefit plans are designed to provide financial security to individuals who have retired or who are no longer able to work due to disability.
Pension law covers a range of legal issues related to these plans, including:
1. Plan Design and Documentation: Pensions law includes rules and regulations that govern the design and documentation of retirement benefit plans. These rules specify the types of plans that are allowed, the benefits that must be provided, and the procedures for amending and terminating plans.
2. Fiduciary Duties: Retirement benefit plans are typically managed by fiduciaries who have a legal duty to act in the best interests of plan participants. Pension law specifies the standards of conduct that apply to fiduciaries and the remedies that are available to plan participants in the event of a breach of fiduciary duty.
3. Funding and Taxation: Pensions law includes rules regarding the funding and taxation of retirement benefit plans. These rules govern the contributions that must be made to the plan, the tax treatment of contributions and benefits, and the limits on the amount of contributions and benefits that are allowed.
4. Plan Administration: Retirement benefit plans must be administered in accordance with a variety of legal requirements. Pension law includes rules regarding the distribution of benefits, the communication of plan information to participants, and the procedures for handling claims and appeals. Overall, pension law is designed to ensure that retirement benefit plans are operated in a manner that is fair and equitable to plan participants, and that the benefits provided under these plans are adequately funded and secure. Pension law is an important area of law for employers, plan administrators, and individuals who rely on retirement benefit plans for their financial security.
Our mission is to provide exceptional legal representation to individuals, businesses, and organizations. We are committed to upholding the highest ethical standards while advocating for our clients’ rights and interests. Our goal is to deliver results-driven solutions that meet our clients’ legal needs efficiently and effectively.
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