Dispute Resolution

At TripleOKLaw, we understand that disputes can be overwhelming. However, our team of seasoned legal experts is here to guide you efficiently and effectively through the dispute resolution process.

As experienced dispute resolution lawyers, our approach is centred around communication and collaboration. We will collaborate closely with you to understand your unique situation, listen to your concerns, and tailor our legal strategies to meet your specific needs. Regardless of the nature of the conflict, be it a constitutional dispute, business dispute, employment matter, family issue, or any other legal matter, our top priority is to ensure that your voice is heard.

We pride ourselves on our ability to adapt and innovate, offering a comprehensive range of dispute resolution services to accommodate your unique requirements. From mediation and negotiation to arbitration and litigation, our expertise spans the full spectrum of legal solutions. Our award-winning team is well-versed in handling complex cases both at a Kenyan and multi-jurisdictional level, navigating diverse legal landscapes, and delivering favourable outcomes for our clients.

Whatever your preferred path, we will be there, advocating for the best possible outcome as your trusted partner and ally. Our commitment to providing excellent client service and our vast experience in the field of dispute resolution ensures that you are in capable hands throughout the resolution process.

Accolades

  • Highly Ranked: Dispute Resolution, Chambers and Partners 2023
  • Highly Ranked: Dispute Resolution, The Legal 500 EMEA 2023
  • Highly Ranked: Employment, The Legal 500 EMEA 2023
  • Winner: Litigation and Dispute Resolution Team of the Year (Small Practice), The African Legal Awards 2023

Key Matters

1. Equity Bank

(The largest bank in the East Africa Region with assets of USD 11 billion) in a claim by Kenya’s Banking, Insurance, and Finance Union seeking orders that a wide range of the Bank’s employees were unionized employees and thus the Bank was required to pay monthly agency fees to BIFU.

(The flag carrier airline of Kenya) in a labour dispute challenging a 14-day strike action by the Kenyan pilots’ union. We negotiated a deal allowing talks while the pilots resumed work, stopping the financial loss of USD 2.2 billion (KES 315.5 billion) daily.

 (An NSE-listed company that engages in growing, blending, and selling coffee products in both local and international markets) in connection with a derivative action suit by minority shareholders alleging directors’ breach of fiduciary duties which threatened to stall a USD 1.7 billion (KES 240 billion) development.

(One of the leading multi-media houses in Kenya) in an appeal before the Court of Appeal challenging the government’s implementation of migration to digital broadcasting and the resultant impact on the media industry in Kenya valued at USD 293 million (KES 42.03 billion).

 (One of the largest private sugar millers in Kenya) in a winding up petition valued at USD 86.7 million (KES 12 billion) that sought to shut down the milling plant because the company’s certificate of registration was issued in violation of rules and natural justice. 

 (The Kenyan state corporation that transports, stores, and delivers petroleum) in a claim by a leading African oil and petroleum manufacturing firm for approximately USD 74 million (KES 9 billion). We successfully challenged the arbitrators’ award against our client of the sum of USD 41.1 million (KES 5 billion) in the Kenyan High Court and successfully defended the subsequent appeal to the Court of Appeal.

(The largest telecommunications provider in Kenya) regarding an arbitration dispute with a company based in the Republic of Lebanon arising from an alleged breach of contract. We successfully defended our client and substantially reduced the award sought by the Claimant from a cumulative amount of USD 41.6 million (KES 5.6 billion) to USD 542 thousand (KES 66 million).

(A consortium of bottlers) in a successful appeal challenging the decision of the High Court which upheld collection demand for USD 41.6 million (KES 5.6 billion) in unpaid excise duty on returnable containers by the Kenya Revenue Authority (KRA).

(A leading systems integration company in East and Central Africa) in an arbitration dispute involving Geothermal Development Company Limited (a Kenyan state corporation that develops geothermal energy) for breach of a contract awarded to our client for the provision of drilling consultancy services related to the 35 MW Menengai Geothermal Project valued at USD 37 million (KES 5.1 billion). 

 (The Kenyan financial sector’s leading advocacy group) in an alleged breach of the Constitution of Kenya and a violation of the Persons with Disabilities Act, the Public Health Act, and the UN Convention on the Rights of the Persons with Disabilities valued at USD 7.3 million (KES 1.03 billion).

(The monetary authority of Kenya). This was concerning a successful defence of the CBK’s demonetization, procurement, and issuance processes of the new currency (notes and coins) before the Public Procurement Appeals Review Board, the Court of Appeal, and the Supreme Court. This case had significant economic effects including encouraging many SMEs to adopt digital infrastructure for cashless transactions to avert the danger of cash shortages.

 (A multinational consumer goods company headquartered in Kenya), in an alleged undervaluation of value-added tax and duty payable on a contract. This was due to tariff misclassification by the Kenya Revenue Authority.

Recent Insights

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Now Available ICLG: International Arbitration 2021 Kenya Chapter 2021

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International Comparative Legal Guides: Gambling Laws 2022 Now Published

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End of 11 Year Tax Dispute: Bottlers Big Win at the Supreme Court

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