A B Patel & Patel Advocates

A.B. Patel & Patel has the experience in setting up business vehicles in Kenya. The legal services include advising clients (both Kenyan domiciled and international entrants into Kenya) on the best possible vehicle to register considering the nature of the business and the future plans. A.B. Patel & Patel provides complete solutions to clients, advising on shareholding and shareholders’ agreements, joint ventures and family constitutions for family companies. We have advised and assisted clients in setting up in Export Processing Zones and Special Economic Zones. The practice also includes advising on regulatory frame work and compliance.

A.B. Patel & Patel has in recent years undertaken complex property transactions. The firm offers its clients solutions to every transaction to suit the most tax efficient structure. The firm has undertaken legal work on a vast number of projects in Kenya.

Notable Transactions

• Advising and setting up the first world class golfing and residential resort on the Kenyan Coast, the Vipingo Ridge Golf Resort, developed by Vipingo Ridge Limited. Transaction value in excess of US$ 100million and is an ongoing transaction.
• Acting for a public listed company, Centum Investments Limited, on development, management structures, sales and leasing of residential units and commercial areas in a mixed development city known as Vipingo City in Kilifi County. Transaction value in excess of KShs. 950million and on-going.
• Acting for Colfax limited in setting up of common infrastructure legal frame work and sale of land within the first industrial park in the Coastal region. Transaction value excess of Ksh.500million.
• Advising Centum Real Estate on several of its real estate projects in Nairobi.
• Dealing with all aspects relating to the development, management structures, sale and leasing of apartments, commercial areas, marina and boating centre at the Marina development on the Kenyan Coast, the English Point Marina. The transaction value US$100million.
• Principal legal advisors to setting up a private game sanctuary in the north of Maasai Mara, having acted for Multi-Act Conservation on an inward investment into the hospitality industry and conservancy.
• Acting for Purple Dot International on a warehousing development in Nairobi. The client having 400 warehousing units sold and under its management.
• Advising several real estate developers on sale structures & transactions on commercial and residential developments.
• Advising Kingfisher Properties Limited on a mixed use development.

A.B. Patel & Patel primarily advises employers. The legal services provided are broadly based on Employment Law issues (including drafting of contracts), contentious and non-contentious. We advise corporate clients on employment policies and HR procedures.

Notable Transactions

• Advised Spedag Interfreight (K) Limited on its employment contracts, collective bargaining agreements and restructuring of its employee set up.
• Acted for Kenfreight (EA) Limited on a contracted dispute with a senior staff. The case was argued at the Supreme Court.
• Previously advised on and continues to appear in matters involving employment and pension disputes and has in the past successfully represented the Kenya Ports Authority in litigation both in the High Court as well as the Supreme Court on litigation arising out of the dismissal of 38 employees.
• Currently representing a leading logistics service provider in a large claim arising out of an employment dispute and the matter is presently pending before the Supreme Court.

A.B. Patel & Patel has a well-established and highly regarded alternative dispute resolution department which advises on a full range of contentious commercial disputes including shipping, marine, construction and trade disputes as well as matters arising out of contractual claims, tax demands, fraud, insolvency, environmental and real estate disputes. In addition to this, the firm has undertaken diverse litigation involving Administrative, Constitutional and Election Laws.

The firm’s team has comprehensive knowledge and legal expertise in all these specialist areas and has successfully represented clients at the High Court, the Court of Appeal and Supreme Court of Kenya as well as in arbitration and before Dispute Adjudication Boards in complex shipping, construction, real property, trade & commercial disputes. In addition to this, A.B. Patel & Patel also has extensive experience in alternative dispute resolution including mediation, arbitration and adjudication.

 

Notable Transactions

• Represented Vipingo Ridge Limited on claims by residence owner on issues of service charge element.
• Advising the Kenya Ports Authority successfully in the arbitration/adjudication with Van Oord arising out of sum of an amount withheld by it for cables damage incident. The claim lodged in adjudication under the agreement with the Authority at the London Court of International Arbitration was determined by a Dispute Adjudication Board of three eminent London Q.C’s. Value in excess of US$ 8million.
• Represented the Kenya Ports Authority on a salvage claim arising out of the grounding of a motor vessel off the Kenyan Coast. The Authority and its co-contractors subsequently lodged a claim for salvage remuneration and the matter was referred to arbitration in London. Value in excess of EUR 2million.
• Represented the Kenya Ports Authority on claims for salvage remuneration involving ships that ran into difficulty in Kenyan territorial waters with cargo valued at in excess of US$ 42million which cumulatively resulted in successful recoveries for the contractors following reference of the matters to arbitration in London.