ADVOCATE MACHARIA WAITHAKA

We help both individuals and businesses navigate the legal and financial challenges that come with debt and insolvency. Whether you're trying to restructure your finances or recover what you're owed, we bring a deep understanding of insolvency law and a results-driven approach to every case.

For debtors, we provide a structured legal path toward a fresh start. We guide clients through financial assessments, advise on debt management strategies, and assist in filing for bankruptcy when appropriate. We also represent clients in court to secure a stay of proceedings, giving them critical breathing room to reorganize and stabilize their finances.

For creditors, we focus on protecting your rights and maximizing recovery. We act on your behalf to recover outstanding debts, perfect security interests, and pursue legal action against non-paying debtors. This includes filing winding-up petitions, enforcing repayment agreements, and representing your interests in bankruptcy or liquidation proceedings.

Our work covers a wide range of debt-related matters—from negotiating out-of-court settlements and drafting enforceable repayment plans to handling contested insolvency litigation. Whether you’re facing overwhelming debt or looking to recover what’s rightfully yours, we offer clear, strategic guidance at every step.

Our goal is simple: to secure the best possible outcome for you—whether that's financial recovery, reorganization, or legal resolution.

We offer comprehensive legal support in Insurance Law, serving both policyholders and insurers. Whether you're making a claim, facing a denial, or navigating regulatory compliance, we provide clear, strategic guidance and robust representation every step of the way.

For Policyholders

We act for individuals and businesses who need help asserting their rights under an insurance policy. If your claim has been unfairly denied, underpaid, or delayed, we’re here to help you challenge that decision and recover what you’re rightfully owed.

Policy Review & Advice
We break down complex insurance policies so you fully understand your coverage—including exclusions, hidden conditions, and what needs to be done to make a valid claim.

Claims Support
We guide you through the entire claims process, from initial reporting to documentation and communication with insurers, making sure you stay compliant and protected.

Dispute Resolution & Litigation
If your insurer doesn’t act in good faith, we step in. We handle negotiations, mediations, and court proceedings in cases involving motor accidents, property damage, personal injury, and life insurance disputes. We’re well-versed in Kenya’s Insurance Act (Cap 487) and the procedures of the Insurance Regulatory Authority (IRA).

For Insurers

We also represent insurance companies, offering legal solutions that minimize risk, ensure compliance, and resolve disputes effectively.

Regulatory Compliance
We advise insurers on the legal framework governing their operations, ensuring alignment with the Insurance Act and related regulations.

Fraud Prevention & Claim Defense
We investigate suspicious claims and represent insurers in defending against fraudulent or exaggerated claims, helping protect their financial interests.

Subrogation & Recovery
We pursue subrogation claims, allowing insurers to recover money from third parties responsible for a loss after paying out a policyholder.

Litigation Defense
When disputes escalate, we represent insurers in court, building solid defense strategies based on our deep understanding of insurance law.

Whether you're an insured client seeking justice or an insurer needing legal support, we offer sound, proactive legal counsel that protects your interests and secures fair outcomes.

We provide strategic legal representation for individuals, businesses, and organizations involved in civil litigation. Whether you’re bringing a claim or defending against one, we guide you through the legal process with clarity, skill, and confidence.

Our work is grounded in Kenya’s Civil Procedure Act (Cap 21) and Civil Procedure Rules, which govern how lawsuits are managed in court. We know these rules inside out—and we don’t just follow them, we use them strategically to protect your rights and strengthen your case.

Our Services

Pleadings & Filings
We prepare and file all the key documents required to start or respond to a case—plaints, defenses, affidavits—ensuring they meet all legal standards and deadlines. We help you avoid common pitfalls that could delay or harm your case.

Case Management
We handle the administrative side of litigation, including pre-trial conferences, case scheduling, and disclosure of evidence. This helps keep your case on track and ready for a hearing without unnecessary delays.

Courtroom Advocacy
We represent you in court with well-prepared arguments, solid evidence, and a clear strategy. Our trial advocacy is focused on achieving the best possible outcome, whether through judgment or settlement.

Enforcement of Judgments
Winning a case is only half the battle. We assist with enforcement procedures—including warrants of attachment, garnishee orders, or contempt applications—to ensure that the judgment is respected and implemented.

We understand that litigation can be stressful and complex. That’s why we’re committed to making the process as smooth and predictable as possible. Our approach is not just about going to court—it’s about solving problems, protecting your interests, and using the law to your advantage.

We stand firmly by the principle that every person is presumed innocent until proven guilty—a right protected under Article 50(2) of the Constitution of Kenya. If you or your business is facing criminal charges, we’re here to defend your rights, protect your freedom, and ensure you receive a fair trial.

We provide strong legal representation in all stages of the criminal justice process—from the moment of arrest to final judgment, and even after that if an appeal is needed. Our approach is thorough, strategic, and driven by the belief that every client deserves to be heard and defended with skill and integrity.

Pre-Trial Representation

We make sure you understand your constitutional rights from the start—like the right to remain silent and the right to legal counsel. We act quickly to secure your release through bail or bond applications, and we challenge any unjust attempts to keep you in custody.

Trial Preparation

We take time to fully investigate your case—interviewing witnesses, gathering evidence, and identifying any weaknesses in the prosecution’s story. We carefully review police statements and ensure that all evidence was obtained legally and fairly.

In Court

When it’s time to go to trial, we provide assertive courtroom advocacy. We cross-examine witnesses, challenge evidence that doesn’t meet legal standards, and present a strong defense on your behalf. Our deep knowledge of the Criminal Procedure Code and Evidence Act helps us handle even the most complex legal arguments effectively.

Sentencing & Appeals

If a conviction occurs, we fight for a fair sentence—presenting mitigating factors that could reduce penalties. We also represent clients in appeals to higher courts when there’s been a wrongful conviction or overly harsh judgment.

No matter the charge—from theft and fraud to more serious allegations—we are committed to defending your rights and delivering the best possible outcome.

We guide both employers and employees through the legal complexities of the workplace. Whether you're managing a team or protecting your own rights at work, we’re here to ensure that your interests are protected under Kenya’s employment laws.

Our practice is built on a strong foundation of the Constitution of Kenya, the Employment Act (2007), and the Labour Relations Act (2007). We combine legal expertise with practical solutions to prevent disputes—and resolve them when they arise.

For Employers

We help businesses create compliant, fair, and productive workplaces. Our goal is to reduce legal risk while supporting healthy employer-employee relationships.

Employment Contracts & HR Policies
We draft and review contracts, staff handbooks, and HR policies that clearly define terms like pay, hours, leave, and disciplinary procedures—all in line with Kenya’s employment laws.

Disciplinary & Grievance Procedures
We guide you through fair and lawful disciplinary action, from performance issues to cases of misconduct or redundancy—helping you avoid wrongful dismissal claims.

Trade Unions & Collective Bargaining
We represent employers in negotiations with unions, draft Collective Bargaining Agreements (CBAs), and handle disputes related to strikes, lockouts, and other industrial actions.

For Employees

We stand with workers who have been treated unfairly in the workplace. Whether you've been dismissed without cause or subjected to harassment, we’ll help you seek justice.

Wrongful & Unfair Termination
If you’ve lost your job unfairly, we can help you file a claim for reinstatement, compensation, and all dues owed to you.

Workplace Discrimination & Harassment
We take on cases of discrimination based on gender, race, disability, or other protected traits—and fight against sexual harassment in the workplace.

Unpaid Wages & Benefits
We assist in recovering unpaid salaries, overtime, leave allowances, and any other withheld benefits.

Whether you're an employer facing a claim or an employee in need of legal protection, we offer clear advice and effective representation—through negotiation, mediation, or litigation at the Employment and Labour Relations Court (ELRC).

Let’s ensure your workplace rights are respected.

We help you protect what you’ve created—from the name of your brand to your artistic work, invention, or product design. We know how much time, creativity, and effort goes into building something original, and our job is to make sure that your intellectual property is secured, enforced, and respected—locally and globally.

We advise creators, entrepreneurs, artists, and businesses on how to protect their intangible assets under Kenya’s IP laws and international treaties. Whether you're at the idea stage or facing infringement, we guide you every step of the way.

Trademarks

Your brand is your identity—and we help you protect it.

We conduct thorough trademark searches to make sure your name or logo doesn’t conflict with others, then handle registration with the Kenya Industrial Property Institute (KIPI). We also represent you in opposition proceedings and in court when there’s a case of trademark infringement or passing off—where someone tries to imitate your brand.

Copyright

From books and music to photography and software—your original works deserve legal protection.

Even though copyright is automatic, we assist with voluntary registration through the Kenya Copyright Board (KECOBO) to strengthen your claim and simplify enforcement. If someone copies or uses your work without permission, we act fast to enforce your rights.

Patents & Industrial Designs

If you’ve invented something truly original, we help you secure a patent with KIPI—giving you exclusive rights to your invention.

We also assist with the registration of industrial designs, which protects the look and feel of your product—from patterns and shapes to packaging aesthetics. Our team guides you through the complex filing process to ensure full protection.

Licensing & Commercialization

We don’t just protect your IP—we help you profit from it.

We draft and negotiate licensing agreements, assignments, and franchise contracts that allow others to use your IP while you earn royalties or fees. We make sure your rights are clearly outlined and legally enforceable, so you can grow with confidence.

Our work is grounded in Kenya’s Intellectual Property Act, Trade Marks Act, and Copyright Act, as well as international agreements like TRIPS and the WIPO treaties. Whether you need to protect, enforce, or commercialize your IP—we’re here to help you do it right.