James Ochieng’ Oduol is one of top ten (10) most respected and accomplished litigation and arbitration counsel in Kenya. He boasts 36 years’ experience in legal practice at every level of the Kenyan Courts and Tribunals, in Regional Courts and before International Courts, Tribunals and Specialized Forums around the world and stands out for his matchless zeal and dedication, whether appearing before highest or the lowest court in land, acting for the high and mighty or his humble pro bono clients, in putting forward the best possible case for his client(s). Described as “a captivating presence in the courtroom,” James is a master of constitutional interpretation and has successfully acted as Lead Counsel in many and diverse precedent setting cases at the Supreme Court, the Court of Appeal and the High Court of Kenya, Local Tribunals, Regional Courts, International Forums and beyond.
Known for his enthusiasm in the pursuit of rule of law, James is internationally recognized as a distinguished legal practitioner and constantly ranks among the leading Dispute Resolution experts in Kenya. As the Co-Chair of Dispute Resolution at TripleOKLaw Advocates LLP, James has contributed immensely in the maintaining the firm’s “impressive standing in commercial litigation, constitutional cases, corporate fraud, land fraud, employment cases and disputes involving financially distressed parties.” According to The Legal 500, he is “highly regarded for constitutional cases” and “excellent court representation.” Chambers Global Guide 2021 describe James as “a proficient litigator who handles high-profile cases” who is “impressive on his feet” and is also “singled out for his alternative dispute resolution expertise.”
He is experienced in constitutional and judicial review matters, commercial litigation, tax law, employment disputes, banking law, insurance law, ADR and arbitration among others and has worked on numerous landmark court cases and made important contributions to jurisprudence in Kenya. Some of the reported cases where James acted include Central Bank of Kenya (CBK) & another v Okiya Omtatah Okoiti & 6 others (at Court of Appeal and Supreme Court), CBK v Richardson & David Limited & Another, National Bank of Kenya Ltd v Wilson Ndolo Ayah [2009] eKLR, Andy Forwarders Services Limited & another v PwC (Kenya) & another [2012] eKLR, Akber Abdullah Kassam Esmail v Equip Agencies Ltd & 4 others [2014] eKLR and Mike Maina Kamau v The Attorney General, Raila Odinga & 2 others v IEBC & 3 others [2013] eKLR, Evans Odhiambo Kidero & 4 others v Ferdinand Ndungu Waititu & 4 others [2014] eKLR, United States International University (USIU) v Eric Rading’ Outa and Samsung East Africa Ltd v Koki Muia.
In tribunals, James represented one of Kenya’s largest private companies before the Tax Tribunal in a case where KRA demanded payment of more than Kshs 1.3 Billion alleging, inter alia, undervaluation of value added tax and duty payable on the contract due to tariff misclassification and value undervaluation. The Company was disputing the allegations and objected to the methodology and parameters used to assess import duty. He also represented Central Bank of Kenya before the Public Procurement Administrative Review Board in a multi-billion tender dispute touching on the design and printing of the Kenya’s Currency where an Associate of one of the tenderers challenged the award of the tender. The Board proceeded to cancel the tender and order a fresh evaluation of the bids on the ground that the successful bidder was not entitled to a 15% margin of preference and the matter proceeded to High Court for Judicial Review, to the Court of appeal and to the Supreme Court.
At regional level, James has handled several matters as Lead Counsel at the East African Court of Justice and the COMESA Court of Justice. Recently, he represented the Central Bank of Kenya in a case before the East African Court of Justice in Arusha against a claim by large depositors of a bank placed under receivership who alleged breach of the EAC Treaty. James also acted for a former president of the Southern African Trade and Development Bank (PTA Bank) who sued the Bank’s Board and acting President at the COMESA Court of Justice in three references for wrongful dismissal seeking to stop the PTA Board from replacing him before the determination of a case in which he challenged his removal and the commitment of the Management of the Bank to jail for contempt of court.
At the international level, James represented a former Secretary General of Athletics Kenya before the Court of Arbitration for Sports, Lausanne, Switzerland in an Appeal against the decision of the IAAF Ethics Board on charges of breach of the IAAF Code of Conduct. James also represented Kenya Amateur Athletics Association (KAAA) before the IAAF Ethics Board in Monaco in a case where a veteran Kenyan Athlete sued the IAAF and KAAA after the former banned him for four years for refusal to take a random drug test from an IAAF medical team. James has also represented clients at the United Nations Dispute Tribunal (UNDT) and successfully obtained a UNDT finding that his client was unlawfully suspended by United Nations Office Nairobi (UNON) and challenged the tribunal finding upholding the charge of insubordination at the United Nations Appeals Tribunal in New York, United States. James also represented a Procurement Director of UNON in a challenge against the decision of the UNON Director-General to create a post that undermined his position.
James has wide experience in arbitration in both domestic and international commercial arbitration as an arbitrator and party representative. He has been involved in representing clients in International Arbitration including cases involving the enforcement and resistance of International Awards (under the New York Convention) and Sports Arbitration. James has acted in dozens of domestic and international commercial arbitrations and was the arbitrator in the multibillion dispute between Synergy Industrial Credit Ltd and Cape Holdings Ltd, the subject of precedent-setting litigation at the High Court, Court of Appeal and Supreme Court on the right of appeal and the finality of the arbitral process in Kenya. He has undertaken extensive Arbitration training including a course in International Commercial Arbitration Course at Keble College, Oxford University. He is a Fellow of the Chartered Institute of Arbitrators and is an admitted Chartered Arbitrator.
Admitted to the bar on 12th October 1987, James worked as an associate at Mereka & Company Advocates and Ngobi & Co. Advocates. He founded Ochieng’ Oduol & Company Advocates in 1993 and run the firm until April 2002 when it merged to become Ochieng’ Oduol, Onyango & Ohaga Advocates. In January 2003, the firm became Ochieng’, Onyango, Kibet & Ohaga, Advocates with James becoming Senior Partner. In February 2013, the firm was renamed TripleOKLaw Advocates, LLP and James maintained his Senior Partner position. He graduated with a Master of Laws (LL.M) Degree from University of Warwick in 1993, Bachelor of Laws (LL.B) in 1986 and Diploma in Laws from Kenya School of Law in 1987. He is a Member of Law Society of Kenya (LSK), East African Law Society (EALS), Chartered Institute of Arbitrators (CIArb), Institute of Certified Secretaries (ICS) and Commonwealth Lawyers Association.