Nyiha, Mukoma & Company Advocates

TIMELY LEGAL SOLUTIONSIntellectual Property

Our team of advocates are registered Patent Agents. We specialise in ensuring our client’s intellectual property rights are well-protected.

Our main areas of practice include:

• Trademark registration and infringement litigation
• Copyright registration and infringement litigation
• Patent registration and infringement litigation
• Intellectual property licensing and agreements
• Intellectual property due diligence in mergers and acquisitions
• Representation in disputes before intellectual property tribunals and courts.

Tax Consultancy

We advise our clients on tax compliance, tax planning, and tax structuring. We also advise and represent clients on tax disputes with the Kenya Revenue Authority. We specialize in using alternative dispute resolution mechanisms to resolve tax disputes and achieve efficient outcomes for our clients.

Our main areas of practice include:

• Tax planning and structuring for business transactions, including mergers and acquisitions, joint ventures, and real estate transactions
• Corporate and individual tax compliance and representation before tax authorities
• Tax controversy and litigation, including representation in audits, appeals, and tax court proceedings
• Tax-efficient structuring of compensation and employee benefits
• Tax-exempt organizations, including formation, compliance, and tax-exemption applications
• Research and analysis of complex tax issues and tax planning opportunities
• Representation in tax-related government investigations and enforcement actions
• Review and analysis of tax implications of proposed legislation, regulations, and case law

Corporate/Mergers & Acquisitions (M&A)

With Africa being seen as a new avenue for business investment, mergers and acquisitions are the best strategies for foreign multinationals to enter the market. Our team of Advocates specializes in advising on the best structures and strategies that clients can use to enter Africa’s market.

Our main areas of practice include:

• Mergers and acquisitions, including public and private company transactions
• Corporate governance and compliance
• Due diligence and investigations
• Joint ventures and strategic alliances
• Private equity and venture capital transactions
• Restructurings and reorganizations
• Securities law and public offerings
• Corporate finance and debt restructuring
• Corporate and commercial contract drafting and negotiation
• Tax planning and structuring for M&A transactions
• Corporate succession planning and exit strategy
• Regulatory approvals and filings related to M&A transactions
• Post-merger integration and management
• Representation in disputes arising from M&A transactions.

Corporate Restructuring & Insolvency

Our areas of practice:

• Corporate restructuring and reorganization, including out-of-court workouts and in-court proceedings under the Bankruptcy Code
• Insolvency and bankruptcy law, including representation of debtors, creditors, and other stakeholders in bankruptcy cases and out-of-court restructuring
• Debt restructuring and debt forgiveness
• Distressed asset sales and acquisitions
• Asset recovery and fraud investigations
• Creditor rights and remedies, including foreclosures and repossessions
• Post-restructuring operations and ongoing compliance
• Representation in disputes arising from corporate restructuring and insolvency proceedings
• Regulatory compliance and government investigations related to corporate restructuring and insolvency
• Restructuring and insolvency advisory services for financial institutions.

Banking Insurance & Financial Services

We have special skills in drafting loan agreements and advising on regulatory and licensing requirements. We also provide advice on legal compliance with banking and regulatory institutions.

We have skills in drafting bank security documents such as debentures, mortgages, and charges. We understand client needs and aim to ensure that clients can fulfill and meet their obligations in drafting loan agreements.

Our main areas of practice include:

• Banking and lending, including loan origination and syndications, loan workouts and enforcement, and regulatory compliance.
• Insurance, including coverage disputes, policy drafting, and regulatory compliance
• Financial services regulation, including compliance with banking, securities, and insurance laws and regulations
• Derivatives and structured finance
• Financial institutions and regulatory compliance
• Financial crime and anti-money laundering
• Representation in disputes arising from banking and financial services transactions
• Representation in investigations and enforcement actions by regulatory authorities.

Arbitration & Litigation

We represent and act for clients in the Magistrates’ Court, High Court, Court of Appeal, and Supreme Court. We aim to ensure that all disputes are heard and determined expeditiously. We provide the best legal strategies and solutions which clients can rely on to ensure the most effective outcome possible.

Our main areas of practice include:

• Civil litigation in state and federal courts
• Alternative Dispute Resolution (ADR) such as mediation and arbitration
• Class action lawsuits
• Commercial and contract disputes
• Employment and labour law disputes
• Personal injury and wrongful death claims
• Product liability and mass torts
• Intellectual property disputes
• Real estate, land, and trespass disputes
• Construction and development disputes
• Insurance coverage and bad faith claims
• Administrative and regulatory litigation before regulatory agencies in Kenya 
• Appellate practice, representation in appeals
• Representation in international arbitration proceedings

Some of the notable cases that the firm has been involved in range from: 

• The recovery of land worth $1 billion previously illegally allocated from land belonging to a local parastatal to disputes involving issuances of telco licenses. The firm is currently acting for property owners in adverse possession claims involving hundreds of acres.
• Our top-notch litigators recently won a precedent-setting case on appeal in the area of vicarious liability. 

Our litigation department also specializes in handling construction-related disputes and arbitration.

Conveyancing & Real Estate

The growth of infrastructure projects in Kenya has presented new needs for the property market. Real Estate continues to be a factor that drives the economy, and our team of advocates is well-equipped to advise clients on their legal needs.

Our main areas of practice include:

• Property purchase and sale transactions
• Lease drafting and negotiation
• Zoning and land use regulation compliance
• Structuring joint ventures between developers and property owners 
• Structuring sales under the Sectional Properties Act
• Property tax appeals before tribunals
• Eminent domain and property rights litigation
• Foreclosure defence and equity of redemption 
• Commercial and residential landlord-tenant disputes
• Construction and development law, including contracts and disputes.