Dispute Resolution

Litigation

Our firm offers quality litigation support services in Kenya. Our team stands ready to help our clients in the preparation of litigation strategy or court and Tribunal related documents. We We are a renowned law firm and hold expertise in providing highly credible Litigation Services to our clients.

Criminal Law Practice- We pride ourselves in having a great, experienced and diverse team that leads our criminal law practice. The firm has undertaken complex criminal matters to conclusion which have mostly led to acquittal. We boast of a team that has a deep understanding of the Criminal Justice System in Kenya and the Criminal Procedure Code. The firm has undertaken a number of training sessions and workshops in the reform in the criminal justice sector which has kept us abreast with all the emerging issues in this sector. Some of the matters and/or offenses successfully handled include;

1. 1. Arraignment/ Plea taking.
   2. Bail/Bond Applications/ Police cash bail negotiation.
   3. Extradition Proceedings.
   4. Custodial Applications under Section 76 of the Criminal Procedure Code.
   5. Plea bargaining.
   6. Private investigations.
   7. Full Trial for offenses including but not limited to; obtaining by false pretense, murder, infanticide, robbery with violence, fraud, cybercrime, sexual offences etc.

We have carefully studied the nuggets of fair hearing in line with Articles 49 and 50 of the Constitution of Kenya 2010 and we stop at nothing to secure the acquittal and freedom of our clientele.

Civil Litigation

Civil litigation covers a myriad of fields that is not only diverse but also informative in nature. We pride ourselves in a team that has developed a niche in civil litigation practice including the handling of complex matters. Our goal in civil litigation is to secure the most favorable outcome for our clients and to defend their interests at all costs and at the shortest time possible. Our team has both prosecuted and defended complex civil litigation matters successfully. We possess the requisite understanding of the rules of Civil Procedure which are intertwined with the specific matters being handled to secure a favorable outcome. The litigation services offered by us cover the following nature of disputes:

Commercial Contract Disputes: The firm has handled several commercial contract dispute that have arisen from breach of contract/agreement. Under this head, our team studies the clauses in contention in a particular contract/agreement and advises the client on the available options and the most likely outcome. Some of the commercial contract dispute handled successfully by the firm include; Sale & purchase of Businesses including Capex, Contract for Services/ Independent contractor disputes etc.

Family and Matrimonial Matters: Since the inception of the Marriage Act 2014 and the Matrimonial Property Act 2014, the same has not only brought clarity but also stability in this field. Initially all our marital laws were scattered in several Acts of Parliament depending on the marriage regime. Our team has successfully handled complex matrimonial matters and secured favorable outcomes for our clients. Some of the services we offer under this field include;

1. Prosecution and/or defending of Divorce proceedings to conclusion.
2. Alimony and child support negotiations.
3. Negotiation on the division of matrimonial property upon divorce and/or separation.
4. Preparation and attestation of documentation for foreigners marrying Kenyan Citizens and vice versa.
5. Applications for restraining orders against a spouse/ ex or stalker.
6. Application for Protection Orders against abusive partners/spouses under the Protection against Domestic Violence Act.

Succession Disputes: The services offered here include but are not limited to;

• Preparation Drafting and securing of Will & Last Testaments.
• Testacy & Intestacy Succession Proceedings.
• Supervision of the distribution and division of estates in accordance with the will and/or Grant of Probate.
• Objection proceedings.
• Management of Estates and Estate books.

Banking and Insurance Disputes:

We offer a variety of litigation services in this field. Our team has handled complex insurance claims litigation up to KES. 100,000,000.00 from the High Court to the Court of Appeal. We have equally handled matters regarding the banking sector including repossession of charged property, statutory power of sale etc. the services we offer under these include;

1. Defending insurance claims for both personal injury and material damage claims.
2. Recovery proceedings for unpaid claims.
3. Debt recovery for banks and microfinance.
4. Statutory power of sale under the Land Act.
5. Employment and labour relations i.e unfair termination, redundancy etc.

Tax Law Disputes:

Tax law is not only a broad but a vast area of law which is technical and demanding in nature. At Adhiambo Okech & Associates Advocates LLP, we boast of such a team that demonstrate a deep understanding of the tax regime in Kenya and also keep abreast of all emerging issues as far as tax law is concerned. The tax laws in Kenya are dynamic but are spread across several Statutes which are usually updated each time as the government seeks to close the tax gaps. The firm offers the following tax law services;

• • Tax advisory and consultancy.
  • Review of Tax demand notices.
  • Prosecution of Tax Appeals from the Tax Appeals Tribunal to the Supreme Court.
  • Interlocutory Applications i.e lifting of Departure Prohibition Orders and Agency Notices.
  • Trainings & legal clinics on different tax heads compliance.

Alternative Dispute Resolution (ADR)

In the spirit of efficient, expeditious and non-technical resolution of disputes espoused in Article159 of the Kenyan Constitution, we represent and advise our clients in relation to alternative dispute resolution mechanisms in all fields. Arbitration, Mediation and Negotiation are the most prominent, popular and effective ways or methods of alternative dispute resolution and an excellent alternative to processes of the formal and dilatory judicial system. Our cutting-edge ADR services are provided for settling disputes of almost all sectors of commerce and economy. Today, methods of alternative dispute resolution are commonly and hugely popular worldwide among the general public and also the legal professionals, for resolving a rather wide range of disputes described in the section below, to be on the safer and advantageous side. Most of the commercial disputes at national and international levels are preferably settled by arbitration, mediation, or negotiation. The outstanding reasons for methods of alternative dispute resolution being immensely popular are; no expenditure on tedious and protracted litigation; less overall expense; quick, equitable and practical solution; reliability; confidentiality; flexibility; reasonable durability; and validity as the formal judicial verdict. Moreover, in some cases, there is no need for a third equally agreeable and unbiased party, for dispute resolution through ADR.