JMK PARTNERS ADVOCATES LLP

At JMK Partners Advocates LLP, we offer comprehensive Real Estate & Property Law Services, catering to both corporate and individual clients. Our expertise spans all stages of real estate transactions, ensuring our clients receive seamless and professional service.

Our Services Include:

Land Transactions:

• Representing corporates and individuals in the sale and purchase of land.
• Conducting due diligence and providing detailed reports.
• Drafting, negotiating, and reviewing agreements for sale.
• Managing the execution and registration of transfer instruments and issuance of titles.

Real Estate Development:

• Assisting developers in structuring real estate developments.
• Negotiating sale agreements and leases.
• Registering sectional titles for unit buyers under the Sectional Properties Act, 2020.
• Incorporating and registering Owners’ Corporations to manage common areas.

Leases:

• Drafting and negotiating residential and commercial leases.
• Ensuring appropriate registration of leases where required.

Land Use and Management:

• Advising on and handling amalgamation, change of user, and subdivision processes.
• Managing lease renewal and extension processes.

Legal Advisory:

• Providing guidance on land use, management, planning, and zoning laws in Kenya.
• Advising on core land laws including the Land Act, the Land Registration Act, and the Sectional Properties Act, 2020, along with their subsidiary legislations.

Our dedicated team of real estate legal experts is committed to providing tailored solutions, ensuring that all legal aspects of property transactions and developments are meticulously handled. Partner with JMK Partners Advocates LLP for all your real estate legal needs and experience unparalleled service and professionalism.

JMK Partners Advocates LLP provides an extensive range of Business Law services, catering to various legal needs of businesses. Our expertise encompasses numerous sectors, ensuring that our clients receive comprehensive and tailored legal support.

Our Services Include:

• General Corporate and Commercial Law Services: Offering legal advice on a wide range of corporate and commercial matters to ensure business compliance and operational efficiency.
• Banking and Finance Law Services: Providing legal support for banking transactions, financial agreements, and regulatory compliance.
• Financial Technology (FinTech) Law Services: Assisting FinTech companies with regulatory compliance, licensing, and innovative financial solutions.
• Business Registration Services: Facilitating the registration and incorporation of businesses, ensuring legal compliance from the outset.
• Contract Review Services: Drafting, reviewing, and negotiating contracts to safeguard our clients’ interests.
• Legal Audit and Compliance: Conducting thorough legal audits to ensure compliance with all relevant laws and regulations.
• General Company Secretarial Services: Offering company secretarial services, including maintaining statutory records and filing requirements.
• Mergers, Acquisitions, and Corporate Reorganizations: Guiding businesses through mergers, acquisitions, and reorganizations, ensuring smooth transitions and regulatory compliance.
• Investment Funds, Private Equity & Venture Capital: Advising on the formation and management of investment funds, private equity, and venture capital transactions.
• Technology, Media, and Telecommunication Services: Providing legal services tailored to the technology, media, and telecommunications sectors.
• Intellectual Property Law Services: Assisting with the protection and enforcement of intellectual property rights, including trademarks, copyrights, and patents.
• Tax Law Services: Offering tax advisory services to optimize tax obligations and ensure compliance with tax regulations.
• Infrastructure & Public-Private Partnerships: Advising on infrastructure projects and public-private partnerships, ensuring legal and regulatory adherence.
• Energy, Oil & Gas: Providing legal services for the energy sector, including oil and gas projects.
• Legislative Drafting & Policy Formulation: Assisting with the drafting of legislation and formulation of policies to support business operations.

At JMK Partners Advocates LLP, our business law team is dedicated to delivering expert legal solutions that align with our clients’ business objectives. Whether you are a startup, a growing enterprise, or an established corporation, we offer the legal expertise you need to thrive in a competitive business environment.

At JMK Partners Advocates LLP, we provide comprehensive Insolvency, Restructuring, and Bankruptcy legal services. Our experienced team is adept at handling both corporate insolvency and personal bankruptcy, offering a range of services to navigate these complex areas.

Our Services Include:

Insolvency and Restructuring:

• Advising on various restructuring and insolvency options.
• Undertaking formal or informal insolvency, restructuring, bankruptcy, or administration procedures.
• Providing strategic advice on entering the preferred insolvency procedure.
• Drafting and advising on restructuring plans or proposals.
• Handling court and official receiver processes and filings as required under the Insolvency Act.
• Advising on fiduciary and directors’ duties leading up to insolvency.
• Negotiating repayment agreements with creditors or debtors and recovering money owed by insolvent individuals or companies.
• Dealing with the Kenya Revenue Authority and claiming reliefs or offsets.
• Managing the sale, acquisition, or transfer of insolvency assets or businesses.
• Undertaking insolvency litigation and dispute resolution, including defending winding-up petitions and other creditor actions.

Representation of Insolvency Practitioners:

• Drafting deeds of appointment, engagement contracts, and terms of reference.
• Making statutory filings with relevant authorities.
• Reviewing and advising on the preparation of proposals, notices, statements of affairs, and correspondence.
• Conducting creditors' meetings and making applications to the Court for various insolvency-related actions.
• Advising on employee retention, termination, and compensation during insolvency.
• Guiding practitioners on preferential and other payments.
• Providing tax advisory services on transactions and payments.
• Representing practitioners in claims brought by or against them.
• Applying for moratoria to prevent enforcement actions by creditors and preserving assets.
• Representing practitioners before regulators and undertaking government relations assignments.
• Conducting due diligence and advising on agreements for sale or transfer of business or assets.
• Drafting, negotiating, and advising on contracts and agreements involving creditors.

Debt Collection:

• Specializing in recovering both commercial and personal debts.
• Utilizing exceptional negotiation skills to ensure creditors’ interests are well-catered for.
• Employing a professional, aggressive approach to recover debts while maintaining the commercial relationship where possible.
• Boasting an 80% success rate in debt recovery, emphasizing professionalism, integrity, and sensitivity.
• Offering services to shield debtors from creditors and negotiating reasonable payment proposals or debt restructures.

At JMK Partners Advocates LLP, no client or debt is too small or too big. We pride ourselves on our ability to recover debts and reach amicable settlements without necessarily pursuing litigation. Whether you need assistance with insolvency procedures, restructuring, or debt recovery, our dedicated team is here to provide you with expert legal support and strategic solutions.

At JMK Partners Advocates LLP, our Litigation and Dispute Resolution Department is dedicated to finding solutions for the most complex issues. Our team is composed of innovative, research-oriented, and passionate advocates who strive to achieve the best outcomes for our clients. We have a proven track record of representing clients across all levels of the judiciary, from the Supreme Court to the Small Claims Court, as well as in various tribunals, mediation, arbitration, and conciliation processes.

Our Services Include:

Commercial Disputes:

• Representing clients in high-stakes commercial disputes, with cases worth up to 3 billion.
• Handling complex litigation involving corporate conflicts and business transactions.

Land Claims:

• Addressing disputes related to land ownership, use, and development.
• Representing clients in land tribunals and courts to resolve property conflicts.

Tax Disputes:

• Managing tax briefs and appeals.
• Representing clients in disputes with tax authorities to ensure fair treatment and resolution.

Constitutional Petitions:

• Advocating for clients in matters involving constitutional rights and interpretations.
• Filing and defending constitutional petitions to uphold the rule of law.

Election Disputes:

• Handling litigation related to electoral processes and outcomes.
• Representing clients in election petitions to ensure the integrity of the electoral process.

Criminal Matters:

• Defending individuals and corporations in criminal cases.
• Providing strategic legal representation to protect clients' rights.

Employment and Labour Disputes:

• Representing clients in disputes involving employment contracts, wrongful termination, and labour rights.
• Handling cases before labour courts and tribunals to resolve employment conflicts.

Family Law Disputes:

• Managing children’s cases, divorce causes, and family-related disputes.
• Providing compassionate legal support in sensitive family matters.

Claims of Tort:

• Representing clients in tort claims, including personal injury and defamation cases.
• Ensuring clients receive fair compensation for damages.

Intellectual Property Disputes:

• Handling conflicts related to intellectual property rights, including trademarks, patents, and copyrights.
• Protecting clients’ intellectual property through litigation and dispute resolution.

Probate and Administration Causes:

• Managing disputes related to the administration of estates and probate matters.
• Representing clients in inheritance and succession cases.

Our litigation team at JMK Partners Advocates LLP is committed to excellence and dedicated to achieving favorable outcomes for our clients. We leverage our extensive experience and strategic approach to resolve disputes efficiently and effectively, ensuring our clients’ interests are always at the forefront. Whether you are an individual or a corporation, our team is equipped to handle all your litigation and dispute resolution needs.

Our lawyers are adept at navigating the intricate and complex landscape of consumer protection laws. With a thorough understanding of East Africa’s dynamic legal market, we are well-positioned to defend our clients in disputes arising from consumer products. Our sector-specific experience spans transactional, regulatory, and contentious matters, ensuring comprehensive legal support for all stakeholders.

Our Services Include:

Regulatory Compliance:

• Advising retailers, suppliers, and investors on compliance with consumer protection laws.
• Ensuring that business practices adhere to the latest regulations and standards.

Transactional Support:

• Providing legal assistance in transactions involving consumer products.
• Drafting and reviewing contracts to safeguard clients’ interests in commercial dealings.

Dispute Resolution:

• Representing clients in disputes related to consumer products.
• Handling litigation, mediation, and arbitration to resolve conflicts effectively.

Consumer Advocacy:

• Defending consumer rights and ensuring fair treatment in the marketplace.
• Advocating for clients in cases of unfair trade practices and product liability.

Advisory Services:

• Offering strategic advice on navigating the consumer protection regulatory landscape.
• Assisting clients in understanding their rights and obligations under consumer laws.

Our team at JMK Partners Advocates LLP is committed to providing expert legal support in all areas of consumer rights. Whether you are a retailer, supplier, investor, or other stakeholder, we offer tailored legal solutions to meet your specific needs. Trust us to defend your interests and ensure compliance with consumer protection laws, fostering a fair and transparent marketplace.

Our lawyers act on a wide range of intellectual property matters involving opposition, rectification and infringement litigation as well as the more routine matters of registration of copyrights, trademarks, patents, utility models and industrial designs, renewals, assignments and registered user and license agreements.

JMK expertise includes negotiating settlements of trademark disputes, advising on copyrights and plant breeders rights as well as advising on franchising agreements for both international and local franchisers.

 Our IP team has successfully acted for both Kenyan and international companies on their various IP matters.

We offer comprehensive advisory services on the legal and regulatory frameworks that govern the technology, media, and telecommunications industries. Our expertise ensures that clients navigate these dynamic sectors with confidence, addressing all aspects of privacy, data protection, intellectual property, licensing, and regulatory compliance.

Our Services Include:

Regulatory and Policy Advisory:

• Providing guidance on legal and regulatory provisions governing technology, media, and telecommunications.
• Advising on compliance with privacy and data protection laws to ensure robust data security practices.

Intellectual Property Protection and Commercialization:

• Assisting clients in protecting and commercializing their intellectual property assets.
• Advising on strategies to maximize the value of intellectual property through licensing and other commercial arrangements.

Licensing and Regulatory Approvals:

• Offering advisory services related to obtaining necessary licenses and regulatory approvals.
• Ensuring compliance with regulations for various technologies, including wireless, telephony, satellite, submarine cables, internet, and broadband.

Contract Drafting and Negotiation:

• Drafting and negotiating various agreements such as:
  • Software license agreements
  • Software development agreements
  • Cloud computing agreements
  • Other technology-related contracts

Technology Advisory:

• Providing legal advice on emerging technologies and their regulatory implications.
• Assisting clients in understanding and complying with regulations affecting new and existing technologies.

Our team at JMK Partners Advocates LLP is dedicated to providing tailored legal solutions to meet the specific needs of clients in the technology, media, and telecommunications sectors. We leverage our deep industry knowledge and legal expertise to help clients navigate complex regulatory environments, protect their intellectual property, and achieve their business objectives. Whether you are a startup or an established corporation, we are here to support your legal needs in this fast-evolving landscape.

The provides family law representation that includes;

1. Divorce, Separation, Child Support & Custody, Division of matrimonial property, Child adoption and other family related matters.
2. Advisories and representation of clients on the preparation of wills for both Kenyan and Non - Kenyan assets as well as providing advice on estate planning and private trusts.
3. Obtaining of grants of probate and letters of administration intestate for estates including administration and vesting of assets and handling of contested succession matters.

Our expertise extends to advising and representing clients in all aspects of employment law. We represent both employers and employees on contentious matters under our litigation department whereby we handle employment claims relating to breach of contractclaims, unfair employment practices, work injury benefits claims, unlawful dismissal, redundancy claims, and constructive dismissal among others.

Under our commercial department we handle non-contentions matters including drafting of employment contracts such as permanent employment, fixed employment, probationary or independent contractor contracts.  We are also involved in the drafting and reviewing human resource policies, procedures and manuals including Whistleblower Policy, Safety and Security Manual, Equal Opportunity Employment Policy, Conflict of Interest Policy, Policy on Accessibility to People with Disabilities, Policy on Gender Equality & Social Inclusion, Policy Against Harassment; Combatting Trafficking in Persons Policy; Policy Regarding Abuse of Power & Sexual Exploitation; Code of Conduct & Ethics Policy & Fraud Policy & Reporting Procedures. 

The Firm also advises on managing of employee-exits, including the offering of legal advise on the conduct of Performance Improvement Plan (PIP) Program as well as the drafting of Warning Letters, Notice to Show Cause and Termination Letters. In addition, the Firm offers legal advisories on the termination procedures to be followed by employers in order to negate or minimize legal liability. We are well versed in facilitating negotiations for early termination of employment including the negotiations for termination monetary and non-monetary packages. 

We offer advice relating to collective bargaining, secondment, outsourcing and transfer of employees. We also offer consultancy services on the changes in the legal framework, revisionof minimum wages as well other labor related issues including collective bargaining agreements, tax related issues and employee share ownership schemes.