company profile - chege kibathi & co. advocates · conveyancing and real estate law 5 3 ......

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C O M P A N Y P R O F I L E

Chege Kibathi & Company Advocates LLP • Hughes Building, 3rd Floor, Kenyatta Avenue • P.O Box 21686 - 00100 Nairobi • Telephone: +254 704 245252, +254 723 403 673 • Email: [email protected] / [email protected] • Website: www.ckadvocates.co.ke

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ABOUT THE FIRM 2INTRODUCTION

OUR VISION

OUR MISSION STATEMENT

KEY GUIDING PRINCIPLE

FIRM VALUES 4

PRACTICE AREAS 51. COMMERCIAL FINANCE AND BANKING LAW 5

2. CONVEYANCING AND REAL ESTATE LAW 5

3. CORPORATE LAW 6

4. LITIGATION 6

5. DEBT RECOVERY 6

5. INTELLECTUAL PROPERTY 7

6. INSURANCE LITIGATION 7

7. EMPLOYMENT AND LABOUR LAWS 7

8. ALTERNATIVE DISPUTE RESOLUTION 8

9. LEGISLATIVE DRAFTING 8

10. BANKRUPTICIES, INSOLVENCIES AND DEBT RECOVERY 8

11. PROBATE, ADMINISTRATION AND FAMILY LAW 9

12. REFUGEE LAW 9

PEOPLE 10OUR KEY ADVOCATES 11

CORPORATE CLIENTS 16

CONTACT US 17

TITLE PAGE

Chege Kibathi & Company Advocates LLP • Hughes Building, 3rd Floor, Kenyatta Avenue • P.O Box 21686 - 00100 Nairobi • Telephone: +254 704 245252,

+254 723 403 673 • Email: [email protected] / [email protected] • Website: www.ckadvocates.co.ke

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ABOUTTHE FIRM

INTRODUCTION

Chege Kibathi & Company Advocates LLP (CK) is a modern, progressive and dynamic law firm with its Head office in Nairobi and branches in Muranga, Nakuru, Laikipia, Nyeri and Meru counties.

Informed by the changing needs of our clients we recently changed from being a traditional partnership (Osoro Chege Kibathi & Company Advocates) to a Limited Liability Partnership (Chege Kibathi & Company Advocates LLP). We have also recently acquired a comprehensive professional Indemnity Cover of Kenya Shillings Five Hundred Million ( KSh 500, 000, 000/=). We feel this change will give us additional impetus as we seek to offer unparalleled legal advice, legal representation and transactional lawyering.

Our chief aim is to exceed the expectations of our clients positively and help them tread all legal minefields in their different industries, specialties, areas of work and spheres of life.

To meet this aim, we focus on knowing our clients, their business and legal environments, their needs, expectations, time constraints and goals.

This has enabled us to provide expedient, appropriate, and bespoke solutions to our clients since the inception of the firm. Even as we change the name and nature of our firm, we undertake to meet our clients’ needs.

The firm is staffed by about forty employees in different parts of the country to customize service delivery to our

clients.

Our staff is well equipped, both with the requisite skills and tools to consistently deliver services to our clients. They undergo continuous professional development and training to improve efficiency in meeting client needs and keeping abreast with developments in the legal field.

FIRM MISSION & VISION

OUR VISIONTo become the leading providers of legal services to corporate East Africa

OUR MISSION STATEMENTTo aggressively represent our clients by offering quality and unparalleled legal counsel, uncompromising dedication and ensuring a high reputation as well as upholding ethical standards

KEY GUIDING PRINCIPLEMaintaining excellence while ensuring superior legal services for our clients, creating an enjoyable working environment based on teamwork in the firm and ensuring a long tradition of service and leadership in provision of legal services

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FIRM VALUES

Our firm has a value system that is inculcated firm-wide and that the firm adheres to in all of its transactions.

EFFECTIVENESSWe value our clients and are responsive to our client needs. We meet our deadlines without comprising value or quality. As a result, our clients can trust and rely on us to meet their needs, goals and expectations.

CLIENT SATISFACTIONWe emphasize client satisfaction as business strategy. By providing un-paralleled legal solutions to our clients’ legal problems and challenges, we satisfy our client needs. We hope that our continued emphasis on all aspects of lawfully meeting our clients’ needs will make us the touchstone upon which all other firms will be compared to in the legal profession.

ACCOUNTABILTYWe are transparent and accountable not only to our clients but also to ourselves by being continually bound by our core values. We are upfront with our clients and keep them duly informed of the status of their cases, transactions and all matters in which we represent them.

TEAMWORKOur firm greatly values teamwork and ensures that every member of the firm is involved in meeting our clients’ needs. We allow our members and staff to be independent and responsible for their duties even as we work in concert to achieve our clients’ aims. We routinely strategize together on issues and this has enabled us to achieve optimality, save clients’ time, offer appropriate legal solutions to our clients and be responsive to our client needs. We have created a collegial and collaborative environment that enables us to continually meet our client needs.

LEGACYWe all strive to improve our firm and our clients. We are committed to the long-term prosperity and viability of our firm and our clients.

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PRACTICE AREAS

We have a broad experience and tradition in representing our clients in diverse financial transactions such as secured financing, corporate lending, due diligence, securitization, asset based lending, and real estate finance.

Our clients include lenders, borrowers, guarantors, pledgors, grantors and grantees in finance and lending transactions.

They range from private companies, public companies, individuals, government institutions, non-governmental institutions to self-help groups.

We have ably and strenuously represented our clients in relation to various conveyancing transactions and real estate development projects.

We walk hand in hand with our clients to meet their goals of acquiring homes, property and completing their development projects. In the process, we help them navigate legal and regulatory requirements, ensuring they have no worries even as they meet their targets.

OUR SERVICES INCLUDE:• Representing developers, property owners and investors in developing, leasing and selling both residential and commercial property.

• Working with lenders and borrowers on project loans and restructuring of project financing

OUR SERVICES INCLUDE:

• Representing borrowers and lenders in acquisition financing, secured lending and asset-based transactions.

• Preparation of agreements, contracts, guarantees, deeds, Memoranda of understanding,

• Creation, perfection and protection of securities

• Legal advice in relation to finance, securitization

• Due diligence and compliance with governing laws.

• Representing builders, contractors, developers and purchasers in development contracts and related matters

• Litigation in relation to delays, defects, illegal and fraudulent transfer, adverse possession, eviction, and contract disputes

• Advising clients on land use, zoning and physical planning related matters

• We draw charges, leases, mortgages, transfers and other instruments

• Facilitating transactional services• Alternative Dispute Resolution

1. FINANCE AND BANKING LAW

2. CONVEYANCING AND REAL ESTATE LAW

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We offer bespoke services to our corporate clients involved in different transactions with unique needs. We represent various business entities including companies, sole proprietorships, partnerships, co-operative societies and SACCO, and joint ventures.

OUR SERVICES INCLUDE:

• Corporate structures, formation, registration of all business entities

• Corporate agreements including mergers and combination, joint venture agreements, asset acquisition, supply contracts

We have a dedicated litigation team that represents our clients in all courts and tribunals including the Magistrates Courts, High Court, Court of Appeal, and Supreme Court. We diligently and loyally represent our clients, be they plaintiffs, defendants, claimants, respondents, appellants, petitioners. We represent our clients in all areas of law.

OUR SERVICES INCLUDE:• Preparation of pleadings including claims, plaints, defences, petitions, originating summons, notices of motions, grounds of opposition, replying affidavits,

• Legal advice in relation to cases

• Appellate advice, stays, and appellate litigation

Debt recovery is important to the wealth of any business. There is a whole range of complicating factors involved in the process. CK Advocates provides a complete range of debt recovery Services and delivers consistently excellent services.

Debt recovery to many people is seen an unpleasant and a stressful exercise. It is our cherished duty to recover debts in a professional manner, where extreme care is taken to avoid severing our client’s relationship with their debtors.

• Legal compliance especially insider dealings, Capital Markets Reporting, Annual returns, corporate governance, tax compliance

• Drafting and reviewing corporate documents

• Participating in and advising corporate clients in relation to business transactions

• Competition law

• Interlocutory applications, reliefs, remedies and defence to interlocutory applications

• Judgments, decrees, execution, stays

• Court attendance

• Criminal defence, litigation and legal advice to clients charged with crimes

• Civil and commercial litigation in commercial disputes

• Contentious Probate litigation

• Judicial review and administrative law

• Competition law litigation

We have a reputation for acting for lenders and private entities. Our structure ensures we can provide a full range of volume recoveries and Litigation options, whilst ensuring that we have the expertise and experience to deal with complex and technical issues arising from recoveries.

We are currently enlisted to provide debt recovery services by various financial institutions including;Unaitas Sacco Society Limited, Equity Bank Kenya Limited and Jamii Bora Bank Limited.

3. CORPORATE AND COMMERCIAL LAW

4. LITIGATION

5. DEBT RECOVERY

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We represent clients in the insurance sector including both insurance companies and insureds. We believe that the success of the insurance sector hinges on honesty.

We are therefore involved in detecting and litigating against fraudulent claims and in cases of genuine claims, we litigate to ensure that both parties get their just deserts.

WE HAVE AND CONTINUE TO REPRESENT OUR CLIENTS IN THE INSURANCE SECTOR AND HAVE PROVIDED THEM WITH TOP NOTCH SERVICES IN:

• General claim litigation in all areas

Employers and employees, in all sectors of the economy, are the lifeblood of a country’s income revenue. We believe that representing clients on both divides of the employer-employee relationship is fundamental to our economy.

WE THEREFORE PROVIDE THE FOLLOWING SERVICES:• Advice, litigation, drawing and reviewing of Employment contracts

• Advice and litigation related to Employee Benefits

• Advice and legal representation in discrimination cases; sexual harassment, HIV/AIDS in the workplace and other related cases

We advise clients in relation to all areas of intellectual property including registration and protection through litigation. We understand that intellectual property, like other forms of property, are invaluable to our clients and we assuage their fears of loss by fiercely protecting them legally.

OUR SERVICES INCLUDE:• Registration of patents, trademarks, copyrights, industrial designs

• Representing both insurers and insured in Motor vehicle third party claims

• Out of court settlements

• Representing insurance companies against Bad faith Claims

• Representing and giving advice to both insurers and insureds in Premium disputes

• Legal opinions to insurance clients on quantum and liability

• Advice and litigation related to maternity, paternity medical and annual leave • Legal advice and representation in relation to Wrongful termination, notices, compensation in lieu of notice

• Advising and representing employers, employees and unions in relation to Collective bargaining • Advising and litigating Wrongful dismissal, unfair dismissal, constructive dismissal

• Settlement and alternative dispute resolution

• Legal advice in relation to all forms of intellectual property

• Litigation in relation to patents, trademarks, copyrights, industrial designs, misappropriations of trade secrets, franchising, counterfeit suits, royalties, passing off, trade libel

• Doing searches on intellectual property

7. INSURANCE LITIGATION

8. EMPLOYMENT AND LABOUR LAWS

6. INTELLECTUAL PROPERTY

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Our firm is in partnership with an experienced legal drafter of good repute. As a result, we have been able to offer legislative drafting solutions to both the National and county governments in relation to the following matters:

• Receiving, reviewing and acting on drafting instructions

• Drafting polices according to drafting instructions

• Drafting bills in consultation with both levels of governments in line with the drafting instructions, the Constitution of Kenya, Framework Statutes, and sector-specific statutes

We understand that in some cases, our clients suffer from events that cause them to be bankrupt and insolvent. We provide them with the legal services to enable them to meet their obligations in the difficult circumstances and make a clean start. We also recognize that some other people simply do not like to meet their obligations and in such circumstances, we help our clients to recover their debts.

WE PROVIDE THE FOLLOWING SERVICES:• Representing our clients in complex collections and debt recovery

• Legal advice in relation to the parts and substantive matters of bills, including but not limited to enforcement provisions, transitional provisions, powers, objectives and purposes of bills.

• Drafting amendment bills, notices

• Representing our clients in restructuring of debts

• Legal advice in relation to composition and schemes of arrangement, reorganizations

• Fraudulent transfer/preference litigation

• Attachment, sequestration and seizures

• Legal representation in bankruptcy proceedings

10. LEGISLATIVE DRAFTING

11. BANKRUPTICIES, INSOLVENCIES AND DEBT RECOVERY

In the spirit of efficient, expeditious and non-technical resolution of disputes espoused in Article 159 of the Kenyan Constitution, we have represented and advised our clients in relation to alternative dispute resolution in all fields.

Our aim has been to restore business trust and confidence, social harmony, seek truth and provide a peaceful, wholesome and timely dispute resolution to both local and foreign clients.

WE HAVE PROVIDED THE FOLLOWING SERVICES:• Arbitration including commercial and individual matters

• Mediation of conflicts

• Negotiation of commercial and private disputes, disagreements and conflicts

• Conciliation of conflicts in personal relationships such as marriages, and in succession matters

• We have also advised our clients in relation to Traditional Dispute Resolution Mechanisms(TDRMS), informal justice systems

9. ALTERNATIVE DISPUTE RESOLUTION

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Conflicts are rife in the East, West and Horn of Africa regions. Our country has been a bastion of peace and this has led to the influx of refugees.

Apart from the culture shock and change in living environment, refugees have to deal with an uncertain and foreign legal environment. We try to make their transition and residence in our country legal and peaceful.

OUR SERVICES INCLUDE:• Application for asylum

• Application for recognition as a refugee

Death, divorce and family strife are now painful realities of our life that induce great anxiety and worry to all of us. As we commiserate with our clients, we also aim to relieve them of the anxiety and worry by making the legal challenges easy to navigate through providing the following services:

• Conciliation with a view to amicable resolution of potentially contentious probate, administration, divorce and custody issues

• Representation and advice in both contentious and non-contentious testate and intestate matters

• Legal advice in relation to stay of proceedings pending application for recognition as refugee, residence pending applications, residence in Kenya, and appeals

• Legal representation and advice in relation to child maintenance, custody and adoption• Legal advice and representation in divorce and separation matters

• Preparations and drafting of wills, codicils

• Representing and advising clients in resealing of foreign grants

13. REFUGEE LAW

12. PROBATE, ADMINISTRATION AND FAMILY LAW

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THE PEOPLE

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OUR KEY ADVOCATESMOSES CHEGE KIBATHI

M A N A G I N G P A R T N E R

Career Summary

• An accomplished professional with about a decade of experience in the legal profession in diverse fields of law.

• A proven track record in commercial law and litigation.

• A consummate conveyancing advocate

• Great organization, excellent interpersonal skills and good communication skills.

• Founding partner and Managing partner, Chege Kibathi and Co. Advocates LLP

Key areas of expertise

• Civil Litigation.

• Employment & Labor laws.

• Conveyance and Property Law which includes preparation of sales agreements, leases, securities such as charges and mortgages.

• Banking Law.

• Debt Collection.

• Prosecution and defense of Insurance Claims.

• Advisory role in relation to contentious and non-contentious matters.

• Criminal Defense.

• Probate and Administration.

• Energy Law.

• Family Law.

• Intellectual Property.

• Human Rights and Refugee Law

• Legislative Drafting

Examples of recent responsibilities

• Representing local banks in secured financing transactions

• Representing contested arbitration matters

• Legal advice and representation in relation to commercial and residential development projects

• Legal advice to micro finance lending institutions and SACCOS

Key Qualifications

• An Advocate of the High Court of Kenya

• A Notary Public

• A Commissioner for Oaths

• A Certified Public Secretary (CPS)

• Final Year, Masters in Law, University of Nairobi

• Bachelors of Laws degree, Mysore University, India

Membership

• Member of the Law Society of Kenya

• Member of the East African Law Society

• Associate Member of the Chartered Institute of Arbitrators (ACI ARB)

• Member of Institute of Certified Public Secretaries of Kenya

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DENNIS JUMA

P A R T N E R

Career Summary

• An astute professional with wide ranging experience in various fields of law

• Proven ability to competently represent clients in complex cases of litigation, arbitration and other forms of alternative dispute resolution

• Great passion and drive for litigation and alternative dispute resolution

• Ability to deliver in multiple, high pressure cases with tight deadlines

Key areas of expertise

• Civil, criminal and commercial Litigation.

• Employment & Labor laws.

• Conveyance and Commercial Law.

• Legislative Drafting.

• Banking Law.


• Prosecution and defense of Insurance Claims.

• Advisory role in relation to contentious and non-contentious matters.


Key Qualifications


• Bachelors degree, Karnatak University, India (Magna-Cum-Laude)

Examples of recent responsibilities

• Representing an Association in high profile constitutional and judicial review applications against the government and government agencies

• Representing a foreign company and another local company in highly contested arbitration proceedings

• Representing a local client in a successful appeal at the court of Appeal

• Representing a family in relation to a contentious probate involving a land dispute

• Representing local clients in relation to adverse possession, evictions and title litigation

• Representing client in a large debt recovery action

Membership



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CORNELIUS LITUNDA

P A R T N E R

Career Summary

• A highly accomplished commercial and corporate lawyer with experience both in the financial and legal fields of almost a decade.

• A fastidious conveyancing lawyer having facilitated numerous conveyancing transactions

• An affable personality with good client relations and networks

Key Practice Areas

• Civil Litigation.• Employment & Labor laws.

• Conveyance, commercial and corporate law

• Banking Law.



Key Qualifications


• Bachelors of Laws, Moi University

Recent Responsibilities

• Legal services manager in a local bank before joining Chege Kibathi & Co. Advocates LLP

• Legal Advice to financial institutions in relation to lending and lending-related transactions

• Legal advice to individuals in relation to borrowing transactions

• Negotiations on behalf of a client in relation to a discharge and charge of property with a local financial institution

Membership



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ANITA NJERI NGAMAU

A S S O C I A T E

Membership in professional societies

• Member of Law Society of Kenya.

• Institute of Certified Public Secretaries of Kenya

Detailed Tasks Assigned

• Drafting legal documents –pleading opinion briefs.

• Conducting legal research on commercial and civil matters

• Debts recovery and conveyancing and civil matters

• Drafting company and body corporate incorporate documents

• Litigation process and general legal procedures

• Conducting client pre trial interviews

Employment Record

• Internship at Ndung’u Njoroge & Kwach-2012-2013

• Internship Osoro Chege Kibathi & Company Advocates- 2013-2014

• lawyer Chege Kibathi & Co Advocates LLP-2015 to date

Education

• Bachelors of Law Degree, university of Nairobi, school of law

• Certified Public Secretary (Cps) (K)

• Diploma in Law from Kenya School of Law: 2014

• Kenya Certificate of Secondary Education: 2005-2008

• Kenya Certificate of Primary Education:1994-2004

Key Qualifications

• An Advocate of high court of Kenyat

• Bachelors Of Law Degree, University Of Nairobi , School of Law

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JOSHUA MAGUA

A S S O C I A T E

Career Summary

• Joshua’s practice focuses on Civil and Commercial Litigation.

• Joshua is a versatile legal practitioner and is known for his dynamic and hands-on approach to civil and commercial litigation.

• A skillful lawyer with a knack for attention to detail. Joshua is able to dissect complex commercial issues to provide pragmatic and user friendly legal solutions.

Achievements

• Secretarial audits

• Corporate Governance audits

• Board Evaluation

• Corporate Governance Training

• Compliance with corporate governance codes and principles

• Developing corporate governance reports

• Development of a comprehensive compliance program

Key Areas of Expertise

• Civil and Commercial Litigation

• Company Secretarial Services

• Corporate Governance

• Risk and compliance

Academic and Professional Qualifications

• Master of Laws (LLM) in Corporate Governance (University of Nairobi) – Ongoing.

• Associate Member of the Chartered Institute of Arbitrators (Kenya Chapter)

• Bachelors of Law Degree (2nd Class Honors, Upper Division), Moi University – 2011.

• Postgraduate Diploma in Law- Kenya School of Law - 2013.

• Admission to the Roll of Advocates – 2014


• Certified Public Secretary (K)

• Associate Member of the Kenya Institute of Management

• Certified Credit Professional studies (ongoing)

Professional Memberships

• Law Society of Kenya

• East Africa Law Society

• Institute of Certified Public Secretaries

• Chartered Institute of Arbitrators

• Kenya Institute of Management

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CORPORATE CLIENTS

Some of the corporate clients that we work for are:

• Equity Bank Limited.

• Family Bank Limited.

• Unaitas Sacco Society.

• Daykio Plantations Limited.

• Safaricom Investment Co-operative.

• Kiambu County Assembly

• Muranga County Government

• National Land Commission

• Pacis Insurance Company Limited.

• National Oil Corporation.

• Kenya Industrial Estates Limited.

• Youth Enterprise Development Fund.

• Pharmacy And Poison Board(PPB)

• Competition Authority

• Lapfund Ltd

• Kenya Forest Service.

• Tavilas Investment Ltd

• Top Option Limited

• Commissions for University Education

• Tana Water Services Board

• National Museums of Kenya

• Smallholder Irrigation Schemes Development Organization (SISDO)

• Asili Sacco Society Limited.

• Ardhi Sacco Society Limited.

• Kenyatta International Conference Centre (K.I.C.C).

• Coffee Development Fund.

• Micro Enterprises Support Programme Trust ( MESPT).

• The Co-operative university college of Kenya.

• Manyota Limited.

• Magnificent Great Movies (MGM) Limited.

• Veteran Pharmaceutical Limited.

• Eastleigh Sacco.

• County Achievers Limited.

• Design specs Limited.

• Jive Petroleum Limited.

• Fep Holdings Limited

• Athi Water and Services Board

• Kimisitu Sacco Society Limited

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CONTACTSChege Kibathi & Company Advocates LLP

Hughes Building, 3rd Floor, Kenyatta Avenue

P.O Box 21686 - 00100 Nairobi.

Telephone: +254 704 245252, +254 723 403 673

Email: [email protected] / [email protected]

Website: www.ckadvocates.co.ke

company profile - chege kibathi & co. advocates · conveyancing and real estate law 5 3 ......

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