Lawyers

Top Litigation Lawyer: Nelson Andayi Havi, 49th POLSK

Havi is an advocate of the High Court of Kenya and a brilliant legal mind of 18 years good standing having signed the Roll of Advocates on 12th June 2003. After working for a few law firms, Havi established his eponymous medium-size law firm, Havi & Company Advocates, offering specialist legal services.

Published

3 years ago

September 14, 2021

Admin

The 48th President of the Law Society of Kenya Nelson Havi who is eyeing Westlands Constituency MP in 2022

If to “nelson” is to aggressively tackle a wrestling opponent, then, no lawyer since Nelson Mandela can rival Nelson Havi in living the true meaning of the word. You can love or hate Havi, glorify or pillory Havi, acclaim or disclaim Havi, agree or disagree with Havi, the only thing you can’t do, however much you try, is ignore Havi. Even the harshest of the critics of the 49^th President of Law Society of Kenya readily admit that Havi is not just one of the best lawyers in Kenya today, he is a legal force of hurricane magnitude and, by all standards, a brave soul committed to restoring LSK to its former glory as the vanguard of rule of law in Kenya.

Havi: A Legal Force of Hurricane Magnitude

Havi is an advocate of the High Court of Kenya and a brilliant legal mind of 18 years good standing having signed the Roll of Advocates on 12th June 2003. After working for a few law firms, Havi established his eponymous medium-size law firm, Havi & Company Advocates, offering specialist legal services in the areas of public interest litigation, commercial litigation, arbitration, corporate finance advisory services, conveyancing, intellectual property rights and debt collection. Havi and his firm have handled numerous landmark and reported cases at the High Court, Court of Appeal and Supreme Court.

One poignant example that go to prove Havi is a quintessential lawyer is the appeal case of Stanley Kang’ethe Kinyanjui vs. Tony Keter & 5 Others [2013] eKLR. Havi acted for the Appellant (Mr. Kinyanjui) in challenging a ruling and an order of the High Court of Kenya at Eldoret (J.R. Karanja, J.) made on 9th December 2011 by which the sale by public auction, transfer of and resultant title to L.R. 7741/149/3 Kitisiru Estate Nairobi, were set aside following an application dated 17th June 2011 by the 2nd respondent, Salim Suleiman (Suleiman). In urging the appeal, Havi attacked the competency of the application to set aside the sale that was before the learned judge. He criticized the learned judge for applying the overriding objective as a panacea for Suleiman’s failure to properly invoke the court’s jurisdiction and to comply with the rules of procedure. He also lambasted Suleiman for flouting procedural rules and wondered why he waited until year 2011 to challenge the sale that occurred in 2009.

The Court of Appeal (Waki, Mwera & Kiage JJA) agreed with Havi holding in favour of his client that: “While fully cognizant of the court’s primary duty to do justice untrammeled by procedural technicalities, we are also aware that litigation is a game with clear rules of engagement. It is not open to parties to pursue and for courts to allow, a path of circumventing the rules that are imposed to aid in the attainment of justice…. It is unfortunate that the learned judge rather peremptorily dismissed the valid objections that had been raised against Suleiman’s application. He ought not to have heard it. He certainly should not have granted it… This appeal succeeds. The ruling and order of the High Court made are 9th December 2011 is set aside in entirety. The notice of motion by Suleiman (the 2nd respondent) dated 17th June 2011 is dismissed with costs. The costs of this appeal shall be borne by the 2nd respondent.”

In addition, Havi has acted in dozen other reported and precedent-setting matters including Miguna Miguna v. Permanent Secretary, Office of The Prime Minister & Another [2011] eKLR where he acted for Dr. Miguna suing then PM Raila and his office challenging his termination and Uhuru Muigai Kenyatta v. Nairobi Star Publications Limited [2013] eKLR where he successfully argued a preliminary against the petition by the current President of the Republic of Kenya seeking to gag The Star and convinced the High Court (Lenaola J, as he then was) to strike off the Petition. Havi also acted in Safaricom Limited v. Porting Access Kenya Limited & another [2011] eKLR, Tatu City Limited & 3 others v Stephen Jennings & 6 others [2017] eKLR, Real Deals Limited & 3 Others v Kenya National Highways Authority & Another & another [2015] eKLR, and Magnate Ventures Limited v Kenya Railways Golf Club; Backlite Limited (Interested Party) [2019] eKLR.

Havi: A Brave Soul Committed to Restoring LSK

In the Tatu City Limited case, the subject matter was the over Ksh. 50 Billion (USD 500 Million) tatu City development project and Havi was acting for the plaintiffs. Havi credits the case with opening his eyes to the reality of the endemic corruption and impunity at the Land’s Office and Companies Registry at the time. His persistency and determination saw an overhaul of the operations in the Companies Registry and Land’s Office including the transfer and suspension of many officers who had grounded the two institutions at the centre of conveyancing and commercial legal practice. Havi persisted in his quest for reforms in Land’s Office and Companies Registry even after he was elected as Chairman of Nairobi LSK Branch and today his efforts have paid off because operations in both entities are undergoing digitization.

Over the years, Havi has proven himself to be a man who is never afraid to go to any length even if it means walking alone or earning the ire of high-placed enemies in his uncompromising defense of the rule of law and constitutionalism. Since taking oath of office as President of LSK, Havi continues to disappoint those who expected his zeal and vibrancy in the quest of making LSK relevant a defender of rule of law to wane with the passing of months. Now, more than a year since he was elected, Havi remains true to the undertaking he signed on 20^th January 2020 committing to focus on serving LSK Members if elected the 49^th President without fear or favour.

In living true to his calling to reform LSK, Havi has not hesitated in taking to task a section of the LSK Council, a group within the Senior Counsel Bar, the Attorney General and Solicitor General, the Judicial Service Commission, the Lady Chief Justice Designate and even the President. Remarkably, in all the instances when Havi has taken on a matter in public interest, the best his critics can do is question his methods or his approach. The motive of Havi to serve the society and the public good is never in question nor is the content of his arguments for the causes he embraces. Always over-prepared and articulate, in his time as LSK President, Havi has produced some of the best legal memoranda ever associated with the Law Society of Kenya in its 72 years’ history.

Havi: What is the Next Chapter?

Nelson Havi is the proverbial man in “If”, the Rudyard Kipling’s famous poem. Havi is the man who keeps his head when all around him are losing theirs and blaming it on him. He talks daily with crowds of his followers on social media but still keeps his virtue. He walks with royalty by dint of his position but has never lost his common touch. Neither foes nor friends can hurt Havi, all count on him to do the right thing, but none is too close to compromise him. Truly, Havi is a man of all seasons, at home in his village backyard being installed as Omwimili wa Balagoli by the Maragoli Council of Elders as he is in Supreme Court arguing the next groundbreaking case, happy keeping the company of who is who in Kenya as he is hanging out with law students in one of the local varsities.

Little wonder the news that Havi has trained his eyes on being next Westlands MP next year has left many devastated aspiring hopefuls in its wake and stirred a frenzy of excitement among the area constituents who received his bid with open arms. “The Constitution enumerates functions and duties of a Member of National Assembly thus: making laws and protecting the Constitution; determining allocation of national revenue and oversight of its expenditure; reviewing conduct of State officers and oversight of State organs; and infrastructural development, wealth creation and poverty alleviation at the constituency level. I have accepted the request of the People of Westlands Constituency to serve them and the Nation in that capacity effective August, 2022 or earlier if Parliament is dissolved,” Havi tweeted recently.

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Lawyers

George Kashindi: Top Statesperson in Commercial Law in 2024

Published

2 months ago

October 12, 2024

Admin

George Kashindi, Partner at Munyao, Muthama & Kashindi Advocates and Member, Tax Appeals Tribunal

Partner, Munyao Muthama & Kashindi Advocates (MMK) & Member, Tax Appeals Tribunal.

Practice Areas

Taxation and Revenue
Regulatory and Compliance
Advisory and dispute resolution
Compliance and Governance Audits
Public Procurement
Civil and Commercial Litigation
Arbitration
Energy and Natural Resources
Constitutional Law
Judicial Review
Employment and Labour Relations

Biography

George is an Advocate of the High Court of Kenya with over 22 years of experience. He is a Partner of Munyao, Muthama & Kashindi Advocates (MMK Advocates) previously in charge of the Nairobi office (now on sabbatical) and Member of Tax Appeals Tribunal. George started his legal career in the well- known firm of Rachier and Amollo where he gained a wealth of experience in a broad spectrum of legal matters. Subsequent to leaving Rachier & Amollo, George trained at the Kenya Revenue Authority Training Institute for 2 years and thereafter worked at Kenya Revenue Authority as Senior Legal Counsel for 5 years. With this background, George has a very solid understanding of the tax policy and legislative framework and has many years’ experience in litigation, tax dispute resolution, tax investigations and prosecutions, interpretation of the tax statutes and advising on tax policy and legislation. He possesses a wealth of knowledge in dealings with senior revenue and treasury officials. He holds an LLM in Financial Services with a specialisation in tax and has acted in a number of jurisprudence setting tax matters.

George has extensive experience in regulatory and compliance advisory and litigation and has acted for a number of Kenya’s leading regulators including the Kenya Airports Authority, Communication Authority, Agriculture Food Authority, Energy Regulatory Commission, Kenya Forest Service, Engineers Board of Kenya, National Transport and Safety Authority, NGOs Coordination Board, Kenya Civil Aviation Authority, National Hospital Insurance Fund to name but a few. He is well versed in regulatory law and practice, compliance and governance matters.

George has extensive experience in conducting legal, regulatory, compliance and governance audits and is respected in this field as a leading expert. He has conducted the audits on blue chip companies listed in the bourse, leading corporates, parastatals and other government entities among other clients. His previous and existing clients include Safaricom, Post Bank, Kenya Electricity Generating Company (KenGen), National Hospital Insurance Fund, and Technical University of Mombasa among others. The highly rated Legal, Compliance and Governance Audit practice headed by George is accredited by the Law Society of Kenya.

George also advises clients on public procurement, NGOs and Charities law, employment and labour relations, energy and natural resources, immigration among others. He is also in charge of running training portfolio of the firm.

Educational and professional qualifications

Bachelor of Laws, University of Nairobi 2000
Diploma in Law, Kenya School of Law 2001
Admitted as an Advocate of the High Court of Kenya, 2002
Masters Degree in law (Financial Services Law), University of Nairobi 2017

Membership in professional associations

Law Society of Kenya

Career history

Pupilage: Rachier & Company Advocates, 2000-2001
Management Trainee: Kenya Revenue Authority Training Institute, 2001-2002
Senior Legal Counsel: Kenya Revenue Authority, 2002-2007
Partner: Munyao, Muthama & Kashindi- 2009 to date

Work Highlights

Legal, governance, compliance, regulatory audits.

Team leader in conducting legal, compliance and regulatory audits which entail It reviewed the client’s internal policies, practices and operations of the governing bodies and various departments to assess their compliance with the relevant laws including the Constitution, the establishing and regulating statutes and subsidiary legislation. The previous and existing clients include Safaricom, Post Bank, Kenya Electricity Generating Company (KenGen), National Hospital Insurance Fund, and Technical University of Mombasa, Kenya Literature Bureau, Institute of Certified Public Accountants, Post Office Savings Bank among others.
Team leader in reviewing the legal and policy frameworks to strengthen integrated coastal zone management (ICZM) in Kenya
Team leader of the corporate governance practice area and has been involved in reviewing clients’ corporate governance structures and giving advice on legal, compliance and governance requirements. He has offered tailor made presentations and training sessions to clients’ board members and senior executives on corporate governance and other applicable legal and compliance requirements.
Advised clients on risk assessment and implementation of risk mitigating measures relating but not limited to directors duties, anti-corruption/bribery, anti-money laundering among others.

Tax

Assisted a leading audit firm in challenging a tax assessment raised by KRA in excess ofKshs 600,000 million against an international NGO operating in the Kenya and the region. The case involved complex legal points relating to expatriate tax, installment tax, definition and meaning of residency and interpretation of a number of statutory provisions.
Acted for one of the largest Container Freight Terminals in Mombasa that had been shut down by the Commissioner of Customs Services after a huge assessment of tax. The case successfully challenged the Commissioner of Custom’s power to close the facility and addressed other complex customs legal issues.
Represented one of the largest private universities in successfully pursuing a waiver of tax penalties and interest resulting from an initial assessment of tax by KRA amounting to KShs. 70 million.
Represented a leading company operating in the horticultural sector in appealing a tax assessment of over Kshs 200 million.
Represented a leading Italian company headquartered in Rome Italy running a space research project in Malindi to successfully challenge enforcement action by KRA of freezing the company’s bank accounts. The case addressed developing jurisprudence of striking a proper balance between the enforcement powers of the tax man viv a vis the need to protect a tax payer from the risk of substantial hardship including total collapse due to enforcement action. The court was persuaded to set aside an earlier order for the client to furnish security of a substantial amount and granted an unconditional stay of enforcement action. The monetary exposure was over Kshs 160 million.
Represented a leading export trading company in challenging tax assessment in excess of Ksh 300 million and dealing with complex tax issues touching on various WTO rules including the non-discrimination principle, rules of origin, East African Common tariff classification, and an array of constitutional and administrative law issues.

Regulatory advisory and dispute resolution

Representing and advising an array of regulators of various sectors and public bodies on a wide range of issues and claims airing from their exercise of their regulatory and statutory mandates. Kenya Airports Authority, Communication Authority, Agriculture Food Authority, Energy Regulatory Commission, Kenya Forest Service, Engineers Board of Kenya, National Transport and Safety Authority, NGOs Coordination Board, Kenya Civil Aviation Authority, National Hospital Insurance Fund to name but a few.

Energy

Represented a regulator in the energy sector against representative/class action public interest and consumer protection related claims made against the regulator and other players in the sector concerning several issues touching on electric power billing tariffs among other issues. The value of some of the matters in contention is over Kshs 10 billion.
Representing a regulator in the energy sector against a representative/class action public interest and consumer protection related claims made against the regulator and other government agencies touching on key issues in the energy sector such as power generation, power purchase agreements, deemed energy, financing of power generation projects, Government guarantees, electricity transmission and an array of constitutional issues. The value of the matters under consideration is over Kshs 100 billion.
Team leader in conducting a legal and regulatory audit of a leading player in the energy sector. The audit included visiting critical their installations across the country, reviewing local and international contractual agreements, advising on Power Purchase Agreements, reviewing board and management operations, identifying and advising on legal risks.
Acted for a Government entity operating in the energy sector in responding to compliance summons issued by a County Government relating to their installations within the county.
Acted for a company operating in the geothermal sector in defending a contractual claim of substantial amount of money relating to a multi-lateral donor- funded project for drilling and extraction of steam through the innovative well-head technology.

Public Procurement

Represented a leading Chinese firm which was a successful bidder in a multi-billion donor funded project for the Water and Sanitation Improvement project awarded by one of the public bodies operating in the water sector, in successfully opposing a challenge instituted by a losing bidder before the Public Procurement Administrative Review Board. The matter involved key procurement issues and jurisprudence touching on among other things, locus standi of applicants in a joint venture.
Representing the same Chinese firm in separate proceedings instituted by a different bidder but relating to the same award. Acted for the firm both before the Administrative Review Board and the High Court. The cases addressed notable public procurement matters including the Board’s jurisdiction in disputes emanating from donor funded projects and projects the subject to negotiated grants.
Represented a leading supplier and retailer of tyres and accessories before the Public Procurement and Appeals Review Board in dispute relating to a multi-million tender awarded by a public body in based in Mombasa and operating in the ports sector. The challenge succeeded before the Board but was subsequently overturned on appeal to the High Court.

Non-Governmental and Charities

Retained by several charitable, not for profit and religious organisations on an array of issues ranging from registration processes and documentation, regulatory compliance, tax advice, labour law matters, court representation and advice on contracting processes. Such NGOs include but not limited to Helpage, International Republican Institute, Food For the Hungry among others.

Employment and labour relations

Represented and advised an array of clients drawn from various sectors in a wide range of employment and labour related matters including representations in court, drafting of employee contracts, drafting and reviewing polices and manuals, advice on termination, dismissals, redundancies and restructuring, managing employee-exists, advice on collective bargaining and negotiations, secondment, outsourcing among others.

Lawyers

Josephine L.M. Righa: Hall of Fame Commercial Lawyer in 2024

Published

2 months ago

October 12, 2024

Admin

Josephine L.M. Righa is the Managing Partner of Josephine Righa Advocates.

Josephine L.M. Righa, the Managing Partner of Josephine Righa Advocates, has over 15 years of commercial and corporate law experience and was nominated as the Commercial Practitioner of the year 2023 at the Nairobi Legal Awards. She is listed in THE LAWYER AFRICA Commercial Lawyers Hall of Fame 2024 for her exemplary performance as a commercial lawyer acting for and representing top firms and businesses over the years. Previously, she was listed among the Top 100 Commercial Lawyers in Kenya in 2023.

Josephine has all round experience in commercial and corporate law gained from working as an in-house lawyer for a leading multinational, rising through the ranks from junior associate to the head of commercial and corporate law department of a leading law firm and founding her own commercial law boutique firm serving leading commercial clients and handling high value business transactions.

Josephine graduated in the year 2008 with a Bachelors of Laws Degree from the Catholic University of Eastern Africa and commenced working as legal assistant for Coca-Cola Central East & West Africa Limited from the years 2009. In the year 2011, Ms. Righa pursued her Bar studies and now holds a Post-Graduate Diploma in Law from Kenya School of Law.

She did her pupillage with the firm of Igeria and Ngugi Advocates and was promoted to Associate position upon her admission to the Bar in the year 2012. In the year 2014, she was promoted as a Senior Associate and the head of the Corporate and Commercial Practice of the firm, a position she held until July 2019. She founded Josephine Righa Advocates, a leading commercial and corporate law boutique in Kenya, where she serves as the Principal and Managing Partner

In addition she is a notary public, commissioner for oaths, a registered Patent Agent of the Kenya Intellectual Property Institute and is currently pursuing a Certified Public Secretaries (CPS) certification. She is also certified professional trainer in Legal Audits and Compliance, Corporate Governance, Private Public Partnerships and Contract Management & Administration (specifically trained on Contract Negotiation, Contract Drafting and review, Changes and Variations in Contracts, Dispute Avoidance & Resolution and Contract Administration Overview).

Josephine is keen on corporate governance issues and having been professionally trained by the Centre for Corporate Governance (CCG) Kenya and the Institute of Directors (IOD), Kenya, she now is an Associate Member of IOD-Kenya. Further, she is a certified professional mediator having been professionally trained by Mediation Training Institute (I) East Africa to mediate disputes in a variety of spheres including but not limited to commercial, workplace, community and family disputes.

Lawyers

Mwangi Kibicho: Top Statesperson in Commercial Law in 2024

Published

2 months ago

October 12, 2024

Admin

Mwangi Kibicho, Managing Partner of J.K. Kibocho & Co. Advocates and Top Commercial Lawyer in Kenya

Practice Areas:
Dispute Resolution, Commercial & Corporate Law.

Membership in professional societies:
Law Society of Kenya
East Africa Law Society

Email: mwangi@jkkibicho.co.ke

Credentials:
• MBA – Global Business Management (MBA – GBM), United States International University (USIU)
• Postgraduate Diploma in law, Kenya School of Law.
• Bachelor of Laws, LL.B (Hons), Moi University.

Mwangi Kibicho is a consummate and versatile advocate with a wealth of experience in legal matters. He demonstrates dynamism in his hands – on approach to the law. Having been in the legal practice since 2002, when he joined J.K. Kibicho & Advocates, he has risen through the ranks to the position of Managing Partner.

Work Experience

Advising a multinational corporation, which intended to invest in the lending pool in Kenya, on the legal aspects of off-shore lending and the legal procedures and structures on microfinance in Kenya.
Acting for a company in the transfer of 1,000 acres of its land in Naivasha to the Government of Kenya for the development of an industrial park being part of the Government’s targeted key elements of infrastructural growth.
Advising one of the first Drone Clubs in Kenya in registration of the drones, to engaging with several Kenya Civil Aviation officials for authorization and holding discussions on the proposed legal regulations of drones in Kenya.
Advising a client on the incorporation of its leading mortgage association in the country, engaging various stakeholders in the mortgage industry, and advising the client on the legal structures and impact of the same as well as making recommendations on the implementation of the association’s objectives.
Acting for a company in advising and preparing documentation for transfer of more than 10,000 acres of its land to its shareholders as non-cash dividends.
Acting for the leading management agency for small scale tea farmers in Kenya in their hydropower projects in various parts of the country, advising on project management analysis and review, engaging the involved stakeholders on the project execution, preparing and perfecting the necessary documentation.
Conducting high level research and advising a client in preparation of a Memorandum of Understanding between the Turkana County Government and a limited liability company incorporated in Kenya for exploration and development of the Barrier Volcanic Complex Geothermal in Turkana County, Katilia Ward.
Preparation, negotiation and registration of residential and commercial leases for various developments in the country.
Drafting and conducting high level negotiations of various contracts.
Attending to registration of trademarks for several large companies and individuals.
Advise and facilitating one of our major clients seeking to establish a Public Private Partnership on the government’s Affordable Housing Programme (AHP).
Conducting research and opinion writing to clients on various legal matters.
Setting up both internal and external legal and practice trainings as well as presentations.
Participating in the Commercial Practice Committee under the LSK, Nairobi Branch which seeks to set up proper practice standards related to Commercial law in Kenya and championing for harmonisation of the laws related to the same.
Participating in the Lands Registry Liaison Committee under the LSK, Nairobi Branch which seeks to identify and resolve the issues in the lands registries.