Dispute Resolution Services Kenya

Dispute Resolution Services Kenya

We handle diverse commercial litigation Kenya and alternative dispute resolution Kenya matters, specializing in debt recovery services Kenya, security enforcement legal services, regulatory compliance disputes, employment law disputes Kenya, employee benefits litigation, public procurement disputes, intellectual property disputes Kenya, election petitions Kenya, constitutional petitions Kenya, judicial review Kenya, competition law disputes, construction disputes resolution, civil and criminal litigation Kenya before tribunals such as the Political Parties Tribunal cases, Environment Appeal Tribunal representation, Cooperative Tribunal legal services, Public Procurement Administrative Review Board, and other tribunals, as well as the Magistrate’s Courts litigation, High Court litigation Kenya, Court of Appeal representation, and Supreme Court cases Kenya.

Global Arbitration Services

We are adept at concluding global arbitration services, swiftly mobilizing teams to manage major disputes and regularly working across our extensive network. Our experience in arbitration spans all sectors of the economy. In line with the growing need for mediation of commercial disputes, we have developed a niche practice and have successfully mediated several disputes in the construction industry mediation, manufacturing sector dispute resolution, and ICT industry dispute mediation.

Litigation Management Services

We provide litigation management services, including keeping a record of all litigation, providing regular updates, follow-ups, and representation in courts and tribunals.

Employment Matters

Our firm offers representation and advice on employment claims representation and employment matters, handling claims arising from employment-related issues.

Civil Litigation Advice Kenya

We offer representation and advice for civil litigation advice Kenya, addressing a wide range of civil matters.

Commercial Litigation Kenya

We handle commercial litigation Kenya, including representation and advice arising from contract disputes Kenya and insurance claims litigation.

Criminal Case Representation Kenya

Our firm provides representation and advice in relation to criminal cases Kenya through effective handling of criminal matters.

Debt Recovery Services

We offer debt recovery services, including drafting and serving demand letters upon defaulters and pursuing debtors through Acknowledgment of Debt agreements and settlement agreements preparation. We charge a collection fee of 10% to 30% of the amount collected, depending on the complexity and duration of the recovery process. This fee is exclusive of court filing fees if the matter is referred to a court process.

Corporate and Commercial Law  kenya

Corporate and Commercial Law

Our Corporate and Commercial Law department provides clients with comprehensive, up-to-date advice on both local and international laws and practices, covering all aspects of corporate and commercial law.

We offer guidance on company formation, optimal setup options for international investors looking to invest in Kenya, corporate restructuring, regulatory and licensing requirements, compliance, drafting standard form documentation, completing regulatory questionnaires, and preparing bank security documents such as debentures, mortgages, charges, and registrations. With our expertise in product development, we have also advised on innovative product structures for Kenya’s financial services intermediaries.

Banking & Finance

We specialize in negotiating, preparing, and reviewing loan facility agreements, including the preparation of affidavits, ensuring that our clients’ financial transactions are legally sound and effectively structured.

Mergers and Acquisitions

Our extensive experience in mergers and acquisitions allows us to execute cross-border deals seamlessly, supporting clients through all stages of the transaction and providing cost-effective, pragmatic business solutions.

ESG & REGULATORY COMPLIANCE

ESG & REGULATORY COMPLIANCE

Regulated public and corporate entities in Kenya are required to conduct their business affairs full compliance with the Constitution, all applicable sector legislation, regulations and processes. The ramifications of non-compliance are far reaching both for the institutions and officers involved.

The firm has built strategic capacity in this area to assist both public sector clients as well as private sector players that have engagements with public bodies. The practice area is one of the fastest growing components of the firm’s practice and is overseen by a highly experienced team of lawyers with expertise in various aspects of public sector administration including policy formulation, different categories of compliance audits as well as legislative drafting.

Building on the unique advantage that the firm enjoys as one of the few firms with an elaborate offering in the area, the team continues to add to the firm’s market leadership status. The categories of clients that frequently engage the firm in relation to this practice area include State Corporations, National Government Ministries, County Governments and Assemblies, investors and public listed companies.

Legal, Environmental, Social, and Governance (ESG) & Regulatory Compliance

We guide  companies to prepare for a decarbonized and carbon neutral future by assessing their current Environmental, Social, and Governance (ESG) impacts, creating Science-Based Targets, and engaging effectively with key stakeholders.

Our lawyers advise clients across all sectors on ESG risks and compliance measures, helping businesses manage their risks more effectively while becoming more competitive in the market. We have extensive knowledge of sustainable performance-related laws and regulations, standards and initiatives and are able to advise clients on fulfilling their corporate ESG commitments.

We also conduct:

a) Training & Sensitization Seminars

We train the management on corporate governance practices, and publicize legislative and regulatory changes an affecting the industry.

b) Developing and Monitoring Compliance with Policies

We assist corporates, NGOs and public bodies to develop policies and monitor compliance with the procedure and policies (i.e. the employment handbook, sexual harassment policy, the disciplinary policy etc.)

We further assist in developing, maintaining and regularly update RISK MANAGEMENT Policies and procedures through LEGAL AUDITS for all functionalities such as procurement and review the SOPs (Standard Operating Procedures).

Real Estate Law in Kenya

Real Estate Law in Kenya: Real Estate, Conveyancing & Construction

At WKA Advocates, we specialize in real estate law in Kenya, offering services that include negotiating, preparing, reviewing, and stamping Sale, Lease & Tenancy Agreements, Joint Venture Agreements, and JBCC & FIDIC Building Contracts.

In Kenya, the process of buying and selling land is fraught with risks. Without proper due diligence, buyers risk acquiring property with multiple title allocations or a chain of ownership tainted by fraud or illegality.

WKA Advocates has in-depth knowledge of Kenya’s land laws, providing practical guidance throughout the entire process. We understand that even minor errors or misjudgments can lead to significant losses or deal breakdowns. Therefore, we ensure our clients enter transactions fully aware of all potential outcomes.

We also cater to a robust clientele in the Diaspora, assisting them in locating properties, making investments, and conducting thorough due diligence. From negotiating the letter of offer to handing over the keys at completion, we guide clients through every step of their property transactions.

In our experience, the biggest challenges in Kenya’s real estate industry today are the lack of integrity and widespread misinformation. At WKA, we bridge this gap by continuously educating our clients on the law and recent developments. For example, as of December 2021, purchasers of apartments now receive a Sectional Title Deed instead of a Long Term Lease, thanks to the Sectional Properties Act No. 21 of 2020. This change makes owning an apartment akin to owning land, with a Title Deed that can be used as collateral for loans.

Our expertise extends to high net worth real estate developments in Kenya, including notable projects like Tatu City, Purple Haze, Siaya Park, and Diamond Homes.

Leading Intellectual Property Law Firm in Kenya

Leading Intellectual Property Law Firm in Kenya

WKA Advocates is a premier intellectual property law firm in Kenya. Our team of specialized intellectual property and franchising lawyers works closely with clients to develop, protect, promote, and enforce their intellectual property rights.

What is Intellectual Property?

According to the World Intellectual Property Organization (WIPO), Intellectual Property (IP) refers to creations of the mind, such as inventions used in commerce. The key difference between innovation and invention is that innovation involves translating an idea or invention into a product or service that provides value or that customers are willing to pay for. An invention, on the other hand, is a new scientific or technical idea and the means of its embodiment.

Kenya’s Intellectual Property Landscape

In 2020, the Government of Kenya introduced the Intellectual Property Bill, which aimed to strengthen policy control around IP enforcement. This bill merged three key IP-related agencies—the Kenya Copyright Board (KECOBO), Kenya Industrial Property Institute (KIPI), and the Anti-Counterfeiting Agency (ACA)—to establish a unified Intellectual Property Office of Kenya (IPOK).

Article 40(5) of the Constitution of Kenya, 2010, mandates the government to support, promote, and protect the intellectual property rights of its citizens. Kenya’s legislative framework is designed to safeguard the ownership of intellectual property, fully complying with international standards as outlined by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Key Government Agencies in Intellectual Property Rights

Several government agencies play critical roles in protecting intellectual property rights in Kenya:

Conveyancing and Real Estate

Conveyancing Law and Practice in Kenya

With years of experience in land law and property transactions across Kenya and the broader Eastern Africa region, our firm is well-equipped to handle all aspects of property law. Our expertise covers land and property acquisition, management, and disposal, ensuring our clients receive strategic and practical advice tailored to their specific needs.

Expertise in Conveyancing & Real Estate in Kenya

Our Conveyancing & Real Estate practice group has extensive experience in advising both local and international clients on various property-related matters. We specialize in:

  • Land Acquisition and Disposal: Providing expert guidance on acquiring and selling land in Kenya.
  • Conveyancing: Handling the entire conveyancing process, including drafting conveyancing documents and managing the legal transfer of property.
  • Commercial & Residential Development: Advising on development projects, including project financing and joint ventures.
  • Leases and Licenses: Structuring and drafting lease agreements for both commercial and residential properties.
  • Project Financing: Offering solutions for financing real estate projects, ensuring compliance with legal requirements.

Understanding the Conveyancing Process in Kenya

Navigating the conveyancing process in Kenya requires careful attention to detail. We assist clients with:

  • Conveyancing Documents: Drafting and reviewing all necessary documents to ensure a smooth transaction.
  • Completion Documents: Ensuring that all required documents are completed and properly executed.
  • Off-Plan Conveyancing: Managing transactions for properties that are yet to be fully developed, ensuring that clients’ interests are protected.

Avoiding Pitfalls in Land and Property Transactions in Kenya

Our guide helps you avoid common mistakes when buying land or property in Kenya:

Don’ts:

  • Avoid Sending Money Directly to the Seller: Always route payments through your advocate to ensure a proper money trail.
  • Don’t Bypass Legal Advice: Involve a qualified advocate in all transactions to avoid legal pitfalls.
  • Don’t Rely Solely on Adverts: Conduct thorough due diligence, including background checks on sellers.

Do’s:

  • Conduct a Site Visit: Verify the land’s condition with a physical visit or through your power of attorney.
  • Engage a Surveyor: Have a qualified surveyor mark the land boundaries.
  • Keep Written Records: Document all agreements and conversations in writing for future reference.