Muma & Kanjama Advocates was established in 2006 as a full-service law firm. We have since positioned ourselves as leaders in ethical legal practice in Kenya.
Starting off with two partners in 2006, M&K Advocates now calls upon over ten highly driven and talented legal brains. Our lawyers have diverse specialization, a clear manifestation of their love for the law and the ability to understand clients’ legal and commercial needs and to provide comprehensive solutions for legal issues facing clients.
M&K Advocates possesses a professional and well-trained support staff that ensure smooth handling and processing of client briefs. Indeed, at M&K Advocates, you will feel right at home.
CONSTITUTIONAL PETITIONS AND JUDICIAL REVIEW
| We were retained to represent a former Commissioner of the National Land Commission (NLC) in a petition seeking the enforcement of the Supreme Court Advisory Opinion Reference No. 2 of 2014: In the Matter of the National Land Commission, which outlined the functions and powers of the NLC the one hand, and the functions and powers of the Ministry of Land, Housing and Urban Development on the other hand. The Petition was dismissed by the High Court for being res judicata but on appeal that Judgment was vacated. |
| We successfully defended the views of the Law Society of Kenya (LSK) which ws the respondent in a Petition challenging the Constitutionality of Section 22(1)(b) & (c) of the Advocates Act, which stipulates to the application for and issuance of practicing certificates. The Petition was dismissed. |
| We were retained to represent the Capital Markets Authority (CMA) in two appeals arising from determinations of the High Court (Judicial Review Division) that were challenging the procedure for removal of its former officials from office. |
| We successfully represented the views of the Kenya Christian Professionals Forum in two Constitutional Petitions challenging the constitutionality of Sections 163 & 165 of the Penal Code and various sections of the Films and Stage Plays Act which outlaw acts of homosexuality. |
| We successfully represented the Nairobi County Assembly in a Judicial Review dispute where it had been sued for illegal deployment of staff. The matter was dismissed. |
| We successfully defended the views of the Judicial Service Commission in two petitions challenging the vetting process carried out by the defunct Judges and Magistrates Vetting Board. The Petitions were dismissed. |
| We were part of the team that represented various political parties to determine the lawful threshold on funding of political parties. |
| We were part of the legal team that represented the residents of Sinai in obtaining compensation following the Fire Tragedy of 12th August, 2011. |
EMPLOYMENT AND LABOUR RELATIONS
| The Firm acted for and successfully defended 19 management members of staff of a major bank in a complex employment claim. The claim raised several weighty issues of law including secondment, restructuring, negotiation of redundancy packages, discrimination and enforcement of court orders extra-territorially. The Firm secured a package totaling to Kshs. 250 million. |
| Successfully acted for a client in suing for unfair termination against an international mining company. The suit was referred to Arbitration where the Firm again successfully represented the client and secured a favorable separation package for him. |
| We successfully represented three former employees of the County Government of Garissa in a case of unlawful termination. The Court awarded the three Petitioners KSh. 53 Million. |
| The Firm has represented several clients in various employment and labour-related disputes both in court and in arbitration, where such disputes include discrimination, wrongful termination, unfair severance packages and harassment among others. |
COMMERCIAL LITIGATION
| We were retained to represent a major company in recovering either the suit property or an amount of KSh. 500 million being the purchase price for the suit property. |
| We were retained to represent various clients in a suit against a major telecommunications company over the termination of a telecom-dealers agreement. The claim was for an amount of over Kshs. 300 million. |
| We were retained to represent an Architectural firm in an application to discontinue arbitration proceedings before an Arbitrator appointed by the Chartered Institute of Arbitrators. |
| We were retained prosecute an unfair prejudice Petition in which a Director in a company fraudulently removed his co-director from the management of a Petroleum company and mismanaged petroleum stock worth over Kshs. 327 million. We successfully prosecuted the claim and judgment was issued in our favour. |
BANK RECOVERIES AND DEBT COLLECTION
| We prosecuted a claim against a railway company for the recovery of over USD 650,000 that remained unpaid on a Contract for the Supply of Railway Equipment. Judgement was issued in our Client’s favour and the matter is now at the Execution Stage. |
| We were retained to represent a major bank in recovering an amount of over USD 3.6 million accruing from the breach of a Professional Undertaking by another major bank in the country. |
| We were retained to represent a major bank in recovering over KSh.350 million being the principal amount and accruing interest for a loan facility advanced to a defaulting Chargor- a real estate development company. |
| We were retained to represent a leading law firm in the recovery of KSh. 60 million being the accrued legal fees provided to its former clients who reneged on the Fee Agreements. |
| We were retained by a commercial bank to represent it in credit agreement suit in which its customer defaulted on a credit advancement of over Kshs. 60 Million. |
ELECTION PETITIONS
| We have successfully prosecuted election petitions against sitting Members of the County Assembly, Members of the National Assembly, Senators and Governors at various Election Courts including the Magistrate Court, High Court, Court of Appeal and Supreme Court. |
| We successfully defended our client’s seat as the Member of National Assembly, Kibwezi East Constituency in an Election Petition filed by her opponent. The Petition was dismissed with costs by the High Court and the Appeal was also dismissed with costs by the Court of Appeal. |
| We have successfully represented sitting Members of the County Assembly, Members of Parliament against election petitions filed against then at various Election Courts including the Magistrates Court, High Court, Court of Appeal and the Supreme Court. |
| We have successfully represented a political party in a petition challenging its candidate for the position of Member of the National Assembly. |
| We have successfully defended a nominated Member of the National Assembly against a petition challenging her nomination on the basis of the position of her name on her political parties’ nomination list. |
| We have successfully represented candidates for various political party positions at the Independent Electoral and Boundaries Commission, Registrar of Political Parties and Political Parties Disputes Tribunal. |
CRIMINAL PRACTICE
| We were retained to represent a client who has been accused of fraudulently obtaining money from IEBC amounting to Kshs. 70 million. The Client was also accused of using his position to influence the award of various tenders from the company. |
| We were retained to represent three clients charged with abuse of office. The clients are accused of enabling individuals and businesses evade taxes at the ports thereby leading the Government to lose revenue worth millions of shillings. |
| We successfully defended a client who had been charged with abuse of office for allegedly using his position to allow substandard goods to be cleared at the various ports of entry. |
| We successfully defended clients who had been accused of allowing substandard fertilizer into the country without KEBS certification. |
| The Firm successfully represented a client at the Court of Appeal, who had been accused of defilement. The charges were quashed and the client was set free. |
| Part of a team that successfully represented a client who had been accused of obtaining money by false pretense. The case was quashed for lack of sufficient evidence. |
| Part of a team that successfully represented a client who had been wrongly accused of terrorism. |
LAND AND ENVIRONMENT MATTERS
| The Firm represented a commercial bank in a land dispute over a parcel of land worth over Kshs. 150 Million. The land had previously been surrendered to the Government as a public utility but the then Commissioner of Lands issued a freehold title in respect of the land to a company which in turn sold to the Bank. |
| We were retained to represent a client in a land dispute involving a parcel of land was irregularly dispossessed. The parcel of land is worth over Kshs. 70 Million. |
| The Firm successfully represented a Client in a land matter in which the Client’s title had been fraudulently duplicated and the Property subsequently sold to third parties. The property worth over Kshs. 250 million was returned to the client. |
| We successfully represented a Client in petitioning for the recovery of land that was grabbed illegally by various private individuals. The land was returned to the Institute. |
| We successfully represented a client in petitioning for the recovery of land illegally grabbed from the County Government of Busia by the Busia Sugar Company and Mumias Sugar. The land was successfully returned to the County Government. |
Muma & Kanjama handles family matters including Maintenance Claims, Adoption, Divorce Causes and Succession Matters. The firm also handles all criminal matters as provided for in the Penal Code of Kenya, thus among the few notable law firms in Kenya that handle criminal matters. Notable assignments handled by the department are as follows:
Successfully represented families on contested estates, Divorce and Matrimonial Property Disputes.
Successfully represented various spouses in divorce cases and determination of matrimonial property.
Successfully represented clients in maintenance claims.
Successfully represented families in contested adoptions.
Watched briefs and participated as an intermediary in high profile criminal cases.
Successfully represented accused persons in various criminal matters.
Successfully represented an adoption agency in a complex inter-country adoption that is being challenged.
The firm is unrivalled in terms of Intellectual Property competence with several personnel qualified in Intellectual Property, including Andrew Muma who lectures Intellectual Property Law at the University of Nairobi. The Department offers advice to clients on all aspects of intellectual property, including registration, assignments and renewal of trademarks, copyright, industrial designs, patents and utility models and registered user/license agreements. Notable assignments by the department include:
Research on IP matters and provision of advice to clients, drafting industrial designs and patent applications for KIPI and ARIPO patent registries and advising on protection of copyright and reviewing and advising on franchising agreements.
Review, preparation and Registration of Powers of Attorney for several banks crucial in conveyance and transactional practices.
Registration of Trademarks and Renewal of marks making follow up with the Kenya Industrial Property Institute Registry
Preparation of ICT development Agreements and ICT/IP agreements for various software developers.
Engaged in research of Trademarks in Biodiversity Management in Kenya.
REAL ESTATE AND PROPERTY MANAGEMENT
| The Firm has been involved in high-end real estate transactions ranging from property sales to commercial lease management. We have assisted a leading University in the advertising, analyzing of bids and successful sale of its properties. |
| The Firm has acted for a Client in providing an advisory opinion on the construction of a state-of-the-art mall in Nairobi. We also provide consultancy and legal services to the Client specifically with regard to project analysis, due diligence, project feasibility, reviewing of project consortium agreements and preparation of leases for tenants among others. |
| The Firm is involved in the management of various commercial leases for a leading Christian Organization, where the Firm prepares and renews leases for the Organization with respect to all its buildings. We also prepare monthly reports for the Client with regard to the state of occupancy of the buildings. |
The Firm has been engaged to act for the homeowners of a popular Estate in the City, which Estate has over 500 residents, commercial enterprises and other developments. The Firm has facilitated the reorganization of the Estate’s management structure from a single company to several management companies. The Firm has also facilitated the change in leadership structures for various other companies in order to facilitate proper self-governance. |
| The Firm has been engaged as a legal consultant for a major Investment and Holdings Company seeking to reorganize from complex sole entities to subsequent management companies. |
PROJECTS
| The Firm has been involved in the preparation and finalization of a governance and institutional framework organization for the Kenya Railways Corporation in the Nairobi Metropolitan Services Improvement Program. In providing its report, the Firm conducted extensive stakeholder engagement and came up with a comprehensive report on the legal and regulatory framework governing the Project, options of the financing models suitable and the viable governance options for implementation of the Project. |
| The Firm has been involved in providing advisory to a Client and their developers on the best financing model for construction of a high-end student residential, residential and commercial units including an analysis of joint ventures and lease models in the form of a Build-Operate-Transfer basis. |
| The Firm has provided advisory services to a major university on its construction and development projects, including reviewing joint venture agreements and advising on favourable financing models. |
| We have undertaken numerous contract preparation and negotiation tasks for both national and international Clients in the Oil and Gas Industry, the Construction and Engineering Industry, Real Estate and Property Development Industry and government institutions. |
LEGAL AND GOVERNANCE AUDITS
| The Firm has conducted a legal audit for a major industrial manufacturer in the country. The audit involved analyzing compliance in the Company’s corporate structure as well as making proposals for the restructuring and reorganization of the Company so as to conform to modern and more efficient legal standards. |
| The Firm has undertaken a legal audit for one of the largest supermarkets in the country. The assignment involved detailed analysis and examination on various components of the business including financial statements, legal compliance and regulatory compliance. |
| The Firm has acted as a Project Governance & Institutional Development Expert for a World Bank funded project undertaken by the Kenya Railways Corporation in conjunction with the Ministry of Lands, Housing and Urban Development. The Firm advised on key institutional and governance issues including Public Private Partnerships, Joint Venture arrangements, Public Procurement etc. as part of a local/international engineering consortium. |
| The Firm also provides routine legal advice on corporate governance to various government agencies and organizations including the National Transport and Safety Authority (NTSA), Law Society of Kenya (LSK), Kenya Christian Professionals Forum, Strathmore Educational Trust, Pacis Insurance Limited and various other organizations. |
BANKING AND FINANCE
| We offer advisory to a number of commercial banks in Kenya in the process of preparation, perfection and realization of Securities. These banks include Equity Bank (Kenya) Limited, Stanbic Bank Kenya Limited, Housing Finance Corporation (HFC) and Ecobank Kenya Limited. |
| We offer general legal and compliance advisory to financial institutions including non-bank micro financial institutions and assist with license application processes. |
| We assist financial institutions in conducting comprehensive due diligence in property and succession related matters. |
| We assist financial institutions in preparation and registration of power of attorneys. |
CONSULTANCIES AND LEGAL ADVISORIES
| We have offered comprehensive legal advisory including conducting legal due diligence and legal and governance audits on several startup companies, mid-sized companies, large corporations and state corporations. |
| We have provided legal opinions to individuals and corporations in complex commercial transactions including mergers, acquisitions and joint ventures. |
| We have provided regulatory compliance advice to individuals and corporations relating to a wide range of commercial transactions in the areas of: property development, ICT, e-commerce, franchising, supply of goods and services, manufacturing, transport and fund management among others. |
| We have assisted with the preparation of agreements of different kinds dealing with proprietary interest in assets, information and intellectual property including agency agreements, share agreements, non-disclosure agreements, licensing agreements, leasing agreements and software agreements among others. |
| We have assisted with preparation of transaction facilitation agreements including cooperation and collaboration agreements, consortium agreements and joint venture agreements among others. |
| We have offered comprehensive advisory to individuals and corporations at the pre-contractual stage in negotiations with counterparties and structuring of engagements. |
CORPORATE REORGANIZATION
| We have assisted corporations including Societies, Trusts, Charitable Trusts, NGOs, Companies Limited by Guarantee, Private and Public Companies and State Corporations in restructuring to align themselves with changes in their objectives, business environment or regulatory framework. |
| We have offered legal advisory related to corporate and project financing through equity, debt, mergers and acquisitions and private public partnerships. |
| We have offered advisory to charitable trusts in seeking applicable tax exemptions from the Kenya Revenue Authority (KRA). |
| We have offered comprehensive advisory to state corporations in reviews relating to amendment of legislation towards parastatal reorganization. |
REAL ESTATE AND PROPERTY MANAGEMENT
| The Firm has been involved in high-end real estate transactions ranging from property sales to commercial lease management. We have assisted a leading University in the advertising, analyzing of bids and successful sale of its properties. |
| The Firm has acted for a Client in providing an advisory opinion on the construction of a state-of-the-art mall in Nairobi. We also provide consultancy and legal services to the Client specifically with regard to project analysis, due diligence, project feasibility, reviewing of project consortium agreements and preparation of leases for tenants among others. |
| The Firm is involved in the management of various commercial leases for a leading Christian Organization, where the Firm prepares and renews leases for the Organization with respect to all its buildings. We also prepare monthly reports for the Client with regard to the state of occupancy of the buildings. |
The Firm has been engaged to act for the homeowners of a popular Estate in the City, which Estate has over 500 residents, commercial enterprises and other developments. The Firm has facilitated the reorganization of the Estate’s management structure from a single company to several management companies. The Firm has also facilitated the change in leadership structures for various other companies in order to facilitate proper self-governance. |
| The Firm has been engaged as a legal consultant for a major Investment and Holdings Company seeking to reorganize from complex sole entities to subsequent management companies. |
PROJECTS
| The Firm has been involved in the preparation and finalization of a governance and institutional framework organization for the Kenya Railways Corporation in the Nairobi Metropolitan Services Improvement Program. In providing its report, the Firm conducted extensive stakeholder engagement and came up with a comprehensive report on the legal and regulatory framework governing the Project, options of the financing models suitable and the viable governance options for implementation of the Project. |
| The Firm has been involved in providing advisory to a Client and their developers on the best financing model for construction of a high-end student residential, residential and commercial units including an analysis of joint ventures and lease models in the form of a Build-Operate-Transfer basis. |
| The Firm has provided advisory services to a major university on its construction and development projects, including reviewing joint venture agreements and advising on favourable financing models. |
| We have undertaken numerous contract preparation and negotiation tasks for both national and international Clients in the Oil and Gas Industry, the Construction and Engineering Industry, Real Estate and Property Development Industry and government institutions. |
LEGAL AND GOVERNANCE AUDITS
| The Firm has conducted a legal audit for a major industrial manufacturer in the country. The audit involved analyzing compliance in the Company’s corporate structure as well as making proposals for the restructuring and reorganization of the Company so as to conform to modern and more efficient legal standards. |
| The Firm has undertaken a legal audit for one of the largest supermarkets in the country. The assignment involved detailed analysis and examination on various components of the business including financial statements, legal compliance and regulatory compliance. |
| The Firm has acted as a Project Governance & Institutional Development Expert for a World Bank funded project undertaken by the Kenya Railways Corporation in conjunction with the Ministry of Lands, Housing and Urban Development. The Firm advised on key institutional and governance issues including Public Private Partnerships, Joint Venture arrangements, Public Procurement etc. as part of a local/international engineering consortium. |
| The Firm also provides routine legal advice on corporate governance to various government agencies and organizations including the National Transport and Safety Authority (NTSA), Law Society of Kenya (LSK), Kenya Christian Professionals Forum, Strathmore Educational Trust, Pacis Insurance Limited and various other organizations. |
BANKING AND FINANCE
| We offer advisory to a number of commercial banks in Kenya in the process of preparation, perfection and realization of Securities. These banks include Equity Bank (Kenya) Limited, Stanbic Bank Kenya Limited, Housing Finance Corporation (HFC) and Ecobank Kenya Limited. |
| We offer general legal and compliance advisory to financial institutions including non-bank micro financial institutions and assist with license application processes. |
| We assist financial institutions in conducting comprehensive due diligence in property and succession related matters. |
| We assist financial institutions in preparation and registration of power of attorneys. |
CONSULTANCIES AND LEGAL ADVISORIES
| We have offered comprehensive legal advisory including conducting legal due diligence and legal and governance audits on several startup companies, mid-sized companies, large corporations and state corporations. |
| We have provided legal opinions to individuals and corporations in complex commercial transactions including mergers, acquisitions and joint ventures. |
| We have provided regulatory compliance advice to individuals and corporations relating to a wide range of commercial transactions in the areas of: property development, ICT, e-commerce, franchising, supply of goods and services, manufacturing, transport and fund management among others. |
| We have assisted with the preparation of agreements of different kinds dealing with proprietary interest in assets, information and intellectual property including agency agreements, share agreements, non-disclosure agreements, licensing agreements, leasing agreements and software agreements among others. |
| We have assisted with preparation of transaction facilitation agreements including cooperation and collaboration agreements, consortium agreements and joint venture agreements among others. |
| We have offered comprehensive advisory to individuals and corporations at the pre-contractual stage in negotiations with counterparties and structuring of engagements. |
CORPORATE REORGANIZATION
| We have assisted corporations including Societies, Trusts, Charitable Trusts, NGOs, Companies Limited by Guarantee, Private and Public Companies and State Corporations in restructuring to align themselves with changes in their objectives, business environment or regulatory framework. |
| We have offered legal advisory related to corporate and project financing through equity, debt, mergers and acquisitions and private public partnerships. |
| We have offered advisory to charitable trusts in seeking applicable tax exemptions from the Kenya Revenue Authority (KRA). |
| We have offered comprehensive advisory to state corporations in reviews relating to amendment of legislation towards parastatal reorganization. |
