Practices

Insurance

Legislations affecting the insurance industry are well developed in the East African Region. Our lawyers are well versed with the legislations affecting the insurance industry in Kenya, Uganda and Tanzania. The firm in this regard is specialized in the following areas:-

  • Insurance litigation and out of court settlements
  • Aviation and Marine Insurance
  • Professional Indemnity
  • Product liability
  • Fire
  • General liability insurance
  • Motor Vehicle Insurance
  • Reinsurance
  • Policy drafting and underwriting advice
  • Claims and dispute resolution

Litigation

Besides Civil, Constitutional & Judicial Review and Criminal Litigation, the firm also handles arbitration matters in corporate and commercial transactions. The firm has thus put in place the following for the benefit and satisfaction of our esteemed clients.

  • Initiating mechanisms aimed at undertaking suitable and effective actions to obtain injunctions, have them discharged, place caveats and prohibition orders in various circumstances.
  • Creating a conducive working relationship with the courts at all times.
  • Thorough preparation of cases before hearing
  • Research mechanisms in several fields of law
  • Keeping our clients posted and supplying with copies of judgments and rulings when required.

To attain the above objectives our firm is fully accessible online via e-mail and our office telephone. We are also in the process of establishing a website.

Corporate Law

The Kenyan Corporate and Commercial Law are majority governed by Companies Act 486 and the common law applicable to the companies in the English System.
Our target clients are:-

  • Parastatals and Quasi-Governments Institutions
  • Manufacturing bottling and packaging companies
  • Multi-Nationals companies
  • Commercial institutions (Financial Institutions, Banks, Shipping)
  • Societies and Associations (Co-operatives, Professional, Religious, NGO’s)
  • Medium sized organizations
  • Individual businessmen and entrepreneurs
  • Mining companies etc.
  • United Nations specialized bodies.

Banking and Financial Services Law

The Banking/Financial service industry in Kenya is primarily governed by the Banking and Financial Institutions and Foreign Exchange Acts. The Acts regulate and supervise the activities of a wide range of institutions, which accept deposits from the general public. Persons falling within the scope of the Act are obliged to register as depositing institutions and to comply with onerous duties and restrictions (such as rendering of returns and the maintenance of certain capital and liquid asset requirements).

We offer expert service on:-

  • Preparing Loan and Security documentation
  • Advice on all aspects of Banking and Insurance legislations
  • Advice on International Developments projects and rescheduling of debts.
  • Preparation of contracts and various financing documents
  • Establishing of representative and branch offices of foreign institutions and companies.
  • Recoveries /Repossessions and Public Auctions.

Taxation

Taxation in the East African Community and COMESA region is both direct and indirect, thus there are obvious instances of double taxation and our lawyers have a solid track record of giving sound tax advice and planning as well as negotiating and contesting tax disputes.
Areas of our specialization include:-

  • Advice on tax matters,
  • Negotiating with the Revenue Authorities of the East African Community and COMESA countries and the respective Ministries of Finance.

Property Conveyancing

Kenya’s immovable property (land) is based on the English Common Law principles and substantially regulated by statutes. The immovable law in Kenya is governed by the Land Act 2012 and the Registration of Documents Act.

Not all land and ownership of land in Kenya is registered in the lands Registry situated at the Ministry of Lands. However, most of the Conveyance on registered lands has to conform to laid down statutory requirements on registration.

Our lawyers have a long history of litigation and conveyance practice during which they have represented major public and private corporations, on various fields of property law and conveyance.


Labour Law

The relationship between the employer and employee in Kenya is regulated by various employment statutes and case law. A complex set of rights and obligations with sources in contract, common law, custom and practice jurisdiction, exists in respect of both parties. In particular, minimum standards relating to employment conditions (often differentiated by industry, trade, occupations and area) are often subjects of legislation.
These standards include:-

  • Basic terms and conditions e.g. probation leave pay.
  • Minimum safety/ occupation health requirements as stipulated by the Occupational Safety and Health Act.
  • Provisions for training facilities.

Deviation from certain standards may result in the institution of criminal proceedings.

We offer the following comprehensive range of professional services to our corporate clients.

Intellectual Property

Intellectual Property Law and practice in Kenya is governed by complementary statutes supported by the common law and based on internationally accepted principles.

The recent International demand on strict adherence to the intellectual property rights has led OMONDI OGUTU & ASSOCIATES to diversify into this field whereby we offer advice on the acquisition, registration and protection of intellectual property. That is to say;-

  • Business and Corporate names.
  • Licensing and technical agreements.
  • Restrictive trade practices.
  • Trade marks.
  • Copy rights.
  • Advice on the application of trade and marketing laws

Environmental and Natural Resources Law

Kenya’s immovable property (land) is based on the English Common Law principles and substantially regulated by statutes. The immovable law in Kenya is governed by the Land Act 2012 and the Registration of Documents Act.

We have responded to the increasing demand for services in this area. Staffed by a consultant, we can assist clients to accommodate the need for environmental protection and to avoid the inevitable conflict arising from non-compliance by offering the following services.

  • Advice on legislation relating to the environment.
  • Advice on risk assessment/ impact assessment studies.
  • Defending criminal prosecutions.
  • Dispute resolution through mediation.
  • Making representations to public mediation.
  • Updating clients on developments in environmental law.
  • Environmental Impact Assessment.

NGO Consultancy and Registration

We are specialists in NGO Consultancy within Kenya and East Africa area. In this regard, the firm has a strong research, litigation and civil society networking base that puts it in the forefront in dealing with NGO related issues. We serve present and future NGO’s, and the vulnerable, marginalized persons, and have established a viable network with various NGOs and the authorities. We also offer advice and draft opinions on the registration, viability and sustainability of NGO’S within Kenya and East Africa region.