Oraro & co advocates

Our Conveyancing & Real Estate practice group has rich experience in providing strategic and practical advice to local and international clients on acquisition and disposal of land, conveyancing, commercial & residential development, leases, licenses, project financing, structuring of complex projects and joint ventures.

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Chambers Global Guide, one of the most prestigious global legal directories, in its 2021 rankings, noted the practice area as a notable practice group that continues to enhance its reputation and market share in Kenya's real estate space. Similarly, the Legal 500 EMEA 2021 recognised the firm’s Real Estate & Construction team for their outstanding contribution to the practice area.

Experience

Recently, we have been involved in:

• Acted for a leading Kenyan investments and real estate company in the sale of 10 high- end villas worth USD 100 million in a gated community in Karen. We advised the parties on the joint venture arrangement and facilitated the negotiation of the joint venture agreement and the transfer of the land to the joint venture reference.
• Acted for a leading Kenyan investments and real estate company in the acquisition of a 10-acre piece of land in Ridgeways, Kiambu worth USD 92.5 Million. We advised on all aspects of the acquisition, conducting legal due diligence and negotiating the sale and purchase agreement.
• Acting for a leading Kenyan real estate and investments firm in the acquisition of a property worth USD 13 million.
• Advisor to a Pan-African financial institution with offices in several African countries, in the acquisition of a property in Nairobi worth USD 12 million.
• Acting a leading Turkish construction company in partnership with a German investment firm in a joint venture project with landowners for the development of a multi-million dollar mixed-use project in Nairobi.
• Acting for a leading Kenyan investments and real estate company in the purchase of a 5-acre property in Ruaka worth USD 2 million for the construction of a comprehensive mixed-use development consisting of 408 units.  We are also acting on the sale of 100 three bedroom units in the project.

Recent Insights

An Overview of the Proposed Environmental Management and Co-ordination (Extended Producer Responsibility) Regulations, 2021

Conversion of Long-Term Leases to Sectional Units

Further Update on the Launch of the National Land Information Management System

Imminent Roll Out of The National Land Information Management System (NLIMS)

Gazettement of Additional Parcels of Land for Conversion from Old Land Registration Numbers to New Parcel Number

The Stamp Duty (Valuation of Immovable Property) Regulations, 2020

Conversion of old Land Reference Numbers to new Parcel Numbers

Viewpoint: A Look at The New Land Conversion and Compensation Rules

Unresolved: An Assessment of the National Land Commission

Related Services

Banking & Finance, Corporate & Commercial and Dispute Resolution

For more information about our Conveyancing & Real Estate practice, please contact Pamella Ager (Managing Partner).  Alternatively click here to download our Conveyancing & Real Estate profile.

Our Corporate & Commercial practice area brings on broad sector experience and commercial awareness to every transaction. We help drive business growth while combining a strategic outlook with deep legal knowledge and a keen understanding of the business factors involved in this area of law. 

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Our Corporate & Commercial practice provides comprehensive legal advice by combining competition law, employment, financial, regulatory and taxation expertise. Our recent significant involvement includes advising complex mergers, acquisitions, joint ventures and commercial contracts for which we are well regarded.

Experience

We regularly advise on IPOs, rights issues, medium-term notes, private placement bonds and the set up of new products in the NSE and the Capital Markets. In particular, we have advised:

• Advising the largest sugar miller in Kenya in the restructuring of its debt, owing from local and international lenders. Our role involved reviewing the contractual documentation, restructuring facilities documents and other security agreements and providing a legal opinion on the debt restructuring.
• Advising a Dutch firm involved in the water sector and a Dutch financial risk management firm on the establishment of a capital market structured water pool facility, to finance water infrastructure projects in Kenya.
• Advising a leading commercial bank on its proposed restructuring. Our role includes advising on the powers under the Kenya Deposit Insurance Act, 2012 to undertake the restructuring, the legal aspects of the restructuring, and advising on alternative restructuring options.
• Advising the Attorney General of Kenya in the largest and most complex debt and equity restructuring which involved reviewing the restructuring documentation, converting Government loans into equity and securing Government sovereign guarantees for key lenders and issuing new shares to investors in consideration of in-kind capital contributions of non-cash assets to the company.
• Acting a legal counsel in relation to the sale of shares to a Kenyan cement manufacturer hold shares in a Mauritius based company that holds shares in another company that owns and operates the cement factory.
• Advised the NSE and the Capital Markets Authority (CMA) on the demutualisation of the NSE, as well as compliance with various statutory regimes governing their respective operations.
• Advised on three successful and heavily subscribed rights issues for a leading commercial bank in Kenya.
• Advised the Government of Kenya and KenGen during its offer and sales of 6.5 million ordinary shares at the Nairobi Securities Exchange (NSE).

Recent Insights

Extension of Timelines for Submission of Beneficial Ownership Information

Disclosure of Beneficial Ownership of Companies in Kenya

Smelling the Coffee: Salient Changes Brought About By the New Business Laws (Amendment) Act

Salient Changes Under the Business Laws (Amendment) Act, 2020

Obligations of a Company in Relation to Disclosure of Company Beneficial Ownership Information

Related Services

Banking & Finance, Capital Markets and Dispute Resolution

For more information about our Corporate & Commercial practice, please contact Jacob Ochieng (Partner).  Alternatively click here to download our Corporate Mergers & Acquisitions profile.

Known in the legal industry in Kenya as a "formidable dispute resolution practice" we bring together a multidisciplinary disputes team with an in-depth understanding of the judicial process. Our practice group has the experience, skills and judgement to successfully guide clients from the onset of a dispute through to resolution. 

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Our dispute resolution practice group actively pursues all avenues of dispute resolution available to advise clients on a wide range of contentious matters including banking litigation, highly complex commercial disputes, constitutional law, election petitions, environmental litigation, employment and labour law, family law, medical malpractice, public procurement and property disputes.

We have recently been involved in:

• Acting for a real estate developer in respect to a challenging the decision by the Nairobi City County in awarding a tender for the development of a mega housing project valued at USD 195 Million.
• Representing a client in the High Court and the Court of Appeal in a shareholder dispute regarding the directorship of a company, the constitution of an interim board of directors and the legality of a transfer of 60% of the shareholding which is valued at USD 25 million to a third party.
• Successfully represented a leading Commercial Bank in a rare application seeking to have the Court of Appeal re-open, re-examine and set aside its decision. We also sought to have the Court of Appeal declare its earlier decision a nullity and direct that the appeal is heard afresh.
• Acting for the regulatory Authority for the ICT industry in Kenya in challenging the constitutionality of some of the introduction of the amendment introduced by the Media Act 2013 and the Kenya Information Amendment Act 2013.
• Acting for one of the largest trade union in Kenya in a trade dispute in the Court of Appeal against the employer, the Teachers Service Commission, with respect to the historical 2015/2016 nationwide teachers' strike.
• Acting in an anti-suit injunction application involving a technology, media and telecommunications sector-focused venture capital fund manager where parties not party to a shareholder and management agreement between certain entities and a funder manager threatened to institute suit against the fund manager despite provisions for arbitration.
• Acting for the authorized distributor and service provider of an automotive brand in a class action product liability claim with respect to its HINO FC 500 motor vehicles.
• Representing one of the leading private hospitals in Kenya in a wrongful birth appeal claim which was the first of its kind to be determined by the Court of Appeal.
• Assisting counsel to an international commodity company in a dispute with Kenya Pipeline Company worth USD 52.5 million.
• Successfully represented a client in the logistics industry, in a contractual dispute; the client was subsequently awarded USD 8 million for a breach of contract.
• Represented a foreign multinational company in an appeal (before the Court of Appeal) arising from a High Court judgment in a claim for over  USD 40.3 million in damages for breach of duty as bailee by attornment.
• Representing an international NGO in a land rates’ dispute (the estimated demand value is USD 46 million)
• Representing a real estate company, in a dispute with environmental and land law aspects.
• Represented a  party in a construction arbitration estimated matter value: USD 6.5 million).
• Representing the the monetary authority of Kenya in a case in which the represented petitioner sought to challenge the legality of contracts for the printing of currency, which had been awarded to De La Rue(Kenya) Ltd.
• Acted for a state corporation in claims brought against a pan African downstream oil company, arising out of alleged wrongful payment of shore handling services (the claim value was USD 2.6 million).
• Represented a foreign multinational company in an appeal (before the Court of Appeal) arising from a High Court judgment in a claim for over  USD 40.3 million (approximately KES 3 billion) in damages for breach of duty as  bailee by attornment.
• Represented an international shipping company on a salvage and towage claim.
• Represented a Kenyan-based holding company that manufactures branded beer, spirits, and non-alcoholic beverages in challenging the constitutionality of various provisions of the Alcoholic Drinks and Control Act, on aspects relating to the infringement of the right to property.

Recent Insights

Google LLC v Oracle America, Inc.: The Fair Use Doctrine in Copyright Law

Recent Decision Underscores Need for Court Sanction in The Carrying Out of Commission’s Mandate

The More, the Wiser: Empanelment of Extraordinary Benches in the Court Of Appeal

‘Add to Cart’: The Role of Alternative Dispute Resolution in Online Commerce

Sweeping Changes in Kenya’s Disputes’ Regime: The New Magistrates’ Courts Act, 2015

Related Services

Arbitration, Banking & Finance, Employment & Labour and Tax

For more information about our Dispute Resolution practice, please contact George Oraro SC (Founding Partner) or John Mbaluto, FCIArb (Partner).  Alternatively click here to download our Dispute Resolution profile.

Our Employment & Labour practice area has been recognised for advising on contentious and non-contentious matters relating to termination & dismissal, redundancy and discrimination, employment contracts, employment policies and procedures, review of HR manuals & policies and staff restructuring. The practice advises clients in various sectors including banking & financial services, health services, manufacturing, non-governmental organisations, telecommunications and hospitality.

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Chambers & Partners has consistently recognised our Employment & Labour practice area as one of the market’s top practices. The firm was ranked in the 2021 rankings, with interviewed clients noting that they are "impressed by their follow-through on issues," further referring to the team as "extremely professional and knowledgeable." In addition, Legal 500 also ranked the firm tier 1 in employment practice noting our strength in handling both contentious and non-contentious employment matters and our experience in handling redundancies, retrenchments, employee benefits and collective bargaining arrangements.

The firm has been involved in landmark employment disputes in Kenya including:

• Representing a Kenyan bank against a claim for constructive dismissal and discrimination of an employee. The award is set at USD 300,000.
• Representing a railway corporation in a claim worth USD 4.3 million brought by its former employees to enforce an award made by the Industrial Court and a claim for unfair dismissal after a strike which led to their dismissal.
• Representing a national airline in a class action for reinstatement of over 440 employees following a redundancy process undertaken wherein the Court was in favour of the employees and ordered reinstatement and back-pay of salary. The matter value is USD 1 million.
• Assisting a humanitarian organization, in the review and revision of the internal staff regulations.
• Representing a faith based community school operating from Mathare Valley (one of Kenya’s oldest and largest slums) on employment claims. The matter value is USD 3,000.
• Advising a multinational Information and Communications Technology company on the Employment Act, 2007 and the necessary regulatory compliance required.
• Representing a five-star luxury hotel in two employment claims of unfair terminations and fraud allegations against the employees.
• Representing a prominent building contractor in East Africa against two rival unions within the organisation The matter value is USD 50,000.

Recent Insights

The Employment (Amendment) Act, 2021: Pre-Adoptive Leave Entitlement to Employees

Keeping the Wheels of Justice Turning During the COVID-19 Pandemic

Weathering the Storm: Steps an Employer Can Take to Mitigate the Effects of the COVID-19

Housing Fund Levy Set to Take Effect Next Month

Penalties for Non-Compliance With the Retirement Benefits Act, 1997s

Redundancy Process: Getting it Right

Related Services

Corporate & Commercial, Dispute Resolution, Restructuring & Infrastructure

For more information about our Employment & Labour practice, please contact Chacha Odera (Senior Partner).  Alternatively click here to download our Employment & Labour profile.