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DISPUTE RESOLUTION

Our Lawyers are experts in the conduct of complex and high value litigation, arbitration, alternative dispute resolution and mediation matters. We are committed to resolving disputes as efficiently as possible and are focused at offering solutions that are practical and make commercial sense.

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We advise on a wide range of contentious matters, including shareholder disputes, contractual claims, insolvency, real estate, environment, employment, intellectual property, fraud, and regulatory compliance.

The resolution of specialist industry disputes whether in Technology, Intellectual Property, Media, Energy or Financial Services often require specialist knowledge and a range of skills which we achieve through our business knowledge and diverse experience in litigation and arbitration. We are ultimately able to represent our clients in any court or tribunal.

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Three key features of our approach differentiate us; our client focus, multi-specialism and our regional strategy. Understanding, anticipating & satisfying the client’s individual legal need is, for us, a priority.

The KO team shares a commitment to providing our clients with the highest quality and most cost effective legal services in an atmosphere emphasizing teamwork, creativity, responsiveness and diversity. This commitment combined with our in-depth knowledge and experience in each of our practice areas allows us to deliver the highest level of service.

Our main priority is to resolve disputes quickly and effectively with as little disruption to business as possible. We guide our clients in determining the most relevant manner in resolution of their legal problems be it Litigation, Arbitration or Alternative Dispute Resolution. We focus on the issues that matter to clients and how the dispute resolution process can be managed to deliver the optimum result for the client.

Our Representative Matters in Litigation include:

  • Acting for the shareholders of Kenire Limited, a property development company with substantial interest in prime real estate in Nairobi in the dispute over ownership of the company and shepherded the amicable separation and restructuring of the company.
  • Acting for Nordic Aviation Capital, a Denmark registered Aviation Leasing and Finance Company, in an action to recover unpaid lease fees and remedial compensation for Aircraft leased to a Kenyan operator.
  • Acting for one of the major players in the telecommunication industry in a dispute touching specific performance of various contracts arising from agreements on site location sharing. We assisted our client in recovering fees amounting to over half a billion.
  • Acting for Safaricom in the Habeus Corpus Application in the Matter of Willie Kimani(deceased), where an Advocate of the High Court of Kenya and his client together with their taxi driver disappeared while leaving court. The disappearance resulted in filing of a high-profile application for habeus corpus application in the High Court by the Law Society of Kenya. The petitioners enjoined Safaricom Limited seeking to have the telecommunication company compelled to supply Call Data records of the deceased and his counterparts.
  • Acting for an undisclosed client in Litigation on Intellectual Property rights and infringement of copyright where several recording artists produced music and intended to release it during the festive season. However, music downloading websites made the music available for download for free. The artists through their producer filed a petition in the Constitutional Court against all the major Internet Service Providers (ISPs) on infringement of copyright on the basis that ISPs as intermediaries ought to be held liable for facilitating infringement by providing the access to the music downloading websites. This petition has as informed the ongoing efforts at amending the Copyright Act to provide for intermediary liability.

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Our Representative Matters in Arbitration & Alternative Dispute Resolution include:

  • Acting for Hacienda Development Holdings Limited in a Construction Arbitration with aspects of corporate disputes and winding up. This was a joint venture project company for developing a large housing project in the coastal city of Mombasa in an eco-friendly ‘Hacienda’ style. The Project is valued at over USD 20 Million. A dispute arose between the partners and our firm was retained by the majority shareholders to represent them in corporate disputes with their JV Partner leading to suspension of the project. The arbitration has been finalized.
  • Acting for Sandhoe Investments Limited in a dispute arising from the sale of two of aircraft and the payment of the purchase price. The issues were determined in arbitration and later on parties negotiated a settlement involving transfer of the aircraft and payment of the balance of the purchase price.
  • Acting for the ICT Authority in Commercial Arbitration. KO was retained to represent ICT Authority in a contractual dispute as the World Bank’s procuring entity in tender awards for the development of Counties’ efficient financial management system.

Key Contacts

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Practice Areas:

Dispute Resolution Sectors:

  • Aviation Industry Related Disputes
  • Banking, Regulatory & Finance Disputes
  • Commercial Disputes
  • Competition Disputes
  • Contractual Disputes
  • Employment Disputes
  • Energy, Transport & Infrastructure Disputes
  • Financial Regulatory Disputes
  • Real Estate Disputes
  • Regulatory Compliance Disputes
  • Restructuring & Insolvency Disputes
  • Tax Related Disputes
  • Technology, Telecommunication & Intellectual Property Disputes

Sectors:

  • Biotech & Medical Law
  • Consumer Protection & Competition Law
  • Intellectual Property
  • Financial Regulatory Disputes
  • Media
  • Technology
  • Telecommunications

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Sectors:
  • Energy
  • Infrastructure
  • Property Development
  • Public Procurement
  • Regional Trade & Investment
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Sectors:

  • Aviation
  • Banking & Finance
  • Commercial Contracts
  • Employment Law
  • General Corporate
  • Leasing
  • Legal & Regulatory Compliance
  • Mergers & Acquisitions
  • Private Equity
  • Project Finance
  • Property Development
  • Real Estate
  • Tax Advisory

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Thought Leadership

Facebook and Apple Dispute on Subscription Tool for Publishers Resolved

Facebook has resolved a dispute with Apple that prevented the social network from launching a ...
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Awards & Recognition
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