Our Practice Areas
- Drafting and vetting of purchase and sale agreements
- Transferring ownership of property
- Registering and canceling mortgage bonds
- Opening Sectional title registers
- Opening township registers and township establishment
- Subdivisions and consolidations.
- Advising on and drafting of commercial and residential leases;
- Commercial and residential developments
- Conventional transfers of properties, as well as transfers as a result of or in terms of liquidations, auctions, court orders, foreclosures, divorces, donations anddeceased.
- Financial planning and Financial structuring of property transactions;
- Miscellaneous applications, consents and endorsements required in the conveyancing process;
- Negotiating and drafting agreements relating to the sale of properties, both residential and commercial;
- Negotiating, drafting and vetting contracts relating to all aspects of sport and entertainment
- Rights issues
- Sports injuries
- Representation before disciplinary bodies
- Negotiation, drafting and vetting of contracts
- Advice and assistance with all commercial transactions
- Registration of companies, close corporations and trusts
- Company secretarial
- Sequestration/Liquidation proceedings
- Rehabilitation proceedings
- Liaison with creditors andtrustees/liquidators
- Debt Collection
- Liaison with debtors
- Liaison with debt collectors
- Debt Collection
- Personal Injuries
- Delictual claims for personal injury and infringements of rights
- Assistance with motor vehicle accident claims, i.e. Road Traffic Accident and other third partyclaims
- General litigation•
- Mediation
- Arbitration
- Dispute resolution
- Drafting and vetting employment contracts
- Advising on compliance with Statutory requirements
- General EmploymentLaw;
- Arbitration and Mediation;
- Collective Bargaining Issues and Strike Management;
- Disciplinary investigations and enquiries;
- Due Diligence Exercises and Corporate Transactions;
- Employment Contracts;
- Employment Discrimination;
- Employment Legislation;
- Employment Litigation (Labour and High Court litigation);
- Litigation: Alternative Dispute Resolutions;
- Policy development and drafting;
- Public law employment issues;
- Restructuring and retrenchment planning;
- Pension Law and Employee Benefits;
- Training, Seminars and Employment Law Updates
- Patents
- TradeMarks
- Copyrights; Designs and TradeSecrets
- Domain NameRegistration;
- GeographicalIndications
- Layoutdesigns
WHAT WE HAVE DONE.
In 2018, the high cost of living was a problem and a cause for concern by most Kenyans.The proposal by the government to impose 16 % VAT on petroleum products caused a lot of hue and cry and it is on that premise that we were instructed to secure orders stopping the Cabinet Secretary-Treasury from implementing the proposal.We got orders stopping the same but reached a compromise where the figure was settled at 8%. KISUMU PETITION 19/2018-TITUS ALILA-V-ENERGY REGULATORY COMMISSION & CABINET SECRETARY FINANCE (the Fuel Tax Case) which led to the President of Kenya Uhuru Kenyatta reducing VAT on petroleum products was a classical example of the power of the tool of Judicial Review in causing governmental agencies to align with constitutional thresholds.
Our experience and expertise in the dynamics of the East and Central African terrain has granted us the privilege to be engaged in fostering strategic economic relationships that fall within the domain of International Trade/Law.
AMONDI AND COMPANY ADVOCATES has been appointed as the Legal Consultants for the SH TRADING DMCC LIMITED which is a Dubai based conglomerate with interests in various sectors including pharmaceuticals, fertilizers amongst others.
https://www.businessdailyafrica.com/bd/corporate/companies/krc-boss-faces-jail-term-over-kisumu-house-demolitions-4686282
It is always a pleasure to handle public interest matters more particularly against state corporations that are intent on stymieing rights of communities.
We consider KISUMU ELCLC E030 & E031 of 2023 filed by us on behalf of members of the KARATENG and KORANDO CLANS of KISUMU WEST SUB COUNTY against the KENYA RAILWAYS CORPORATION as falling within the said category.
It is a locus classicus in terms of exceptions to the application of the exhaustion principle which the corporation relied on to insist on the need by residents to issue a thirty day notice before filing suit notwithstanding that they were raided and their properties destroyed without any notice whatsoever from the corporation.
https://www.standardmedia.co.ke/amp/nyanza/article/2001495075/court-blocks-kenya-railways-from-fencing-land-in-kisumu
Historical Injustice claims are a sore that the Kenyan state still has to deal with more than sixty years after independence.
The most prominent type are forced evictions that were carried out by the colonial government to create room for settlers and lay the foundation for the new economy.
One of the most outstanding cases we have handled of this nature is KISUMU ELC E001/2022 where we are representing KAJULU KITHIMO WELFARE ASSOCIATION an organization that covers the twelve clans of KAJULU mostly of KISUMU COUNTY in KENYA who were forcefully evicted in 1901-1906 from their ancestral lands measuring 46,711.22475 acres in MIWANI WEST, MIWANI CENTRAL, MIWANI EAST, MIWANI NORTH, NYANGORE and CHEMELIL.
The association’s officials led by their Chairman JOHN OMOLLO ONDIEK paid us a courtesy call at the office where we had a discussion on the decision by the National Land Commission courtesy of the Gazette Notice of 6/04/2023 to appreciate that the claimants are indeed entitled to compensation.
The position by the NLC in essence supports our claim where we had sought to have the decision by the Kenya Land Commission 1934 which cast negative aspersions on the claimants rights declared erroneous, illegal , null and void.
Compulsory acquisition of private land for public purposes is one of the emotive issues in Kenya more so in respect of the underlying processes as envisaged under the Land Acquisition Act Cap 295 , whose basic tenets are ingrained under the Land Act 2012.The KISUMU KOGONY CLAN of KISUMU COUNTY have had a long standing battle as to the ownership of their ancestral lands that constitute the KISUMU/KOGONY REGISTRATION SECTION DIAGRAM NO.18.
Pursuant to a public notice dated 14/04/2023 by the Nyanza Province Surveyor seeking to expunge the about 991 parcels situated therein for public use we have been instructed by the community to move to court to have the same quashed.
We have filed KISUMU JR MISC APPLIC NO.E004 OF 2023-R-V-REGIONAL SURVEYOR(NYANZA), LAND REGISTRAR KISUMU & EXPARTE AUGUSTINE GENGA, PAMELA OMINO, VICTOR OKEYO, ALLOYS ODUNY & CHRISTOPHER ABONYO and secured orders on 17/07/2023 staying the decision by the REGIONAL SURVEYOR purporting to expunge the 991 parcels.
We urge all the affected land owners to register in the class action law suit which is slated for hearing on 21/06/2023.
Environmental pollution is a global problem and one which cities will have to grapple with even as the consequences of industrialization take root. Such is the case with Nairobi River whose pollution affects the six counties Kiambu, Nairobi, Machakos, Makueni, Tana River and Kilifi all the way to the Indian Ocean.
We are humbled to have been a party in creating jurisprudence in NAIROBI ELC PETITION 43/2019-ISAIAH ODANDO-V-NEMA, CABINET SECRETARY ENVIRONMENT & OTHERS( The Nairobi River Pollution Case) which outlined modalities for decommissioning of the Dandora Dam in what was a locus- classicus in environmental law.
https://www.businessdailyafrica.com/bd/news/counties/court-orders-nms-dandora-dumpsite-within-six-months-3474214
Our legal team with the leadership and members of the Nyalenda/Pandpieri community after a court session . One of the keys towards the securing of socio-economic rights is the ownership of land. It is unfortunate that owning title to land is still a pipedream to most Kenyans therefore ruling them out of the parameters of most mercantile transactions.It is on that basis that we took up KISUMU ELC 59/2020 on behalf of about 5000 residents of Nyalenda/Pandpieri against the Prisons Department in respect of their 64 acre ancestral land claim. The matter is currently at the Court of Appeal being KISUMU CIVIL APPEAL E085/2022-BEN OKWENGU & OTHERS-V-KENYA PRISONS SERVICE, NATIONAL LAND COMMISSION & LAND REGISTRAR KISUMU.
This is on 30/05/2023 after the hearing of a class action suit that we filed on behalf of the ninety two allottees from Thessalia and Jaber Informal Settlement Schemes being victims of ethnic clashes and post election violence that rocked the country in 1992 who were eventually earmarked lands at the Kibigori Plantations Settlement Scheme but with no guaranteed security to ensure occupation and boundary demarcation.
It has always been our conviction that enforcement of fundamental rights in the bill of rights as enshrined in our constitution 2010 is a sure path towards uplifting the peoples socio-economic status and enabling them to play a core role within the economic sphere of the country.
Our penchant for handling historical land matters has seen us endevor in un chartered waters in addressing historical injustice claims.
Here on 18/01/2022 our MR.AMONDI addresses the press with officials of the 5700 member KAJULU KITHIMO WELFARE ASSOCIATION after filing of suit KISUMU ELC 1/2022 against the National Land Commission and the Privatization Commission claiming ancestral right interest of the KAJULU community in respect of the 18,684.4899HA of land in KIBOS, MIWANI and CHEMELIL areas of KISUMU COUNTY.
The lands were excised by the colonial government in 1901-1906 to individuals for purposes of sugarcane farming for 99 years which leases have since lapsed.
Public Interest litigation remains one of the sure ways of enforcing our constitution 2010.We did it again for the residents of Muhoroni Sub County(Shaurimoyo, Swahili Village and Bondeni Informal Settlements) whose homes were on 6/02/2021 demolished by the Kenya Railways Corporation.
The Kisumu Land and Environment Court in ELC PETITION E020/2021 has established a breach of the fundamental rights in the Bill of Rights, ordered for a crafting of a Relocation Action Plan and awarded damages of KSHS 20,600,000 to the petitioners.
It is always our pleasure to handle constitutional law matters to safeguard the constitutional rights of the citizens even as we place governmental agencies under check.The Land and Environment Court Kisumu in ELC PETITION E7/2021 filed by us on behalf of the residents of Kisumu West Sub County as against the Kenya Railways on the 22/11/2021 declared that “It is only a court of law that can determine that one has acquired land illegally. The Respondents have no power to determine or find that a person has acquired a parcel of land illegally. It was an illegality for Kenya Railways Corporation to undertake the eviction of the petitioners from the suit land in respect of which the petitioners had titles that had not been declared as having been illegally, unlawfully, fraudulently or corruptly obtained ‘
The question of the burden of taxation is one that has bogged humanity for generations.We are always at the forefront in handling such matters where the collective public spirit is against punitive taxation. This is what happened when we represented the Kenyan public as against the Kenya Revenue Authority (KRA) where the Court of Appeal on 17/12/2021 confirmed the conservatory orders that we secured at the High Court stopping the levying of Excise Duty on petroleum products.
We have always found ourselves playing a critical role in the protection of private investments in keeping with the government’s objective of promotion of private-public partnerships which is indeed the cog of development.
A case in point is in HOMABAY ELC E009/2023-HOMABAY HOTELS LTD-V-COUNTY GOVERNMENT OF HOMABAY, THE MINISTER FOR LANDS & PHYSICAL PLANNING, THE LAND REGISTRAR HOMABAY & THE AG where we represent the plaintiff who is a major player in the Western Tourism Circuit where it runs the “HOMABAY TOURISM HOTEL” and has moved to court to assert it’s proprietary and littoral rights in respect of the defendants illegal excision of a significant part of it’s beach front property thereby blocking it’s usage and view of the Lake Victoria shores hence compromising the substratum of the hotel business.
Further the plaintiff’s case is that the County government’s construction of a fish market within the hotel’s land will significantly affect it’s ambiance and reduce the latter’s value and bookings.
The afore-stated must be looked at in the context that the plaintiff has secured a joint venture investment of KSHS 3,000,000,000(THREE BILLION) to develop the beachfront hotel into a 350 room international status holiday resort to be established within the prestine beach of Lake Victoria.
It has been not just exciting but also thrilling as we plough our experience and knack for research and further development of the law in the development of the gold mining sector in Kenya.
This is the crux in KISUMU CIVIL APPEAL E030/2024-KENYA SUNNY INDUSTRIES COMPANIES LTD-V-KITIGU RESOURCES LTD & OTHERS as well as VIHIGA ELC 002/2023 wherein we act for the KENYA SUNNY INDUSTRIES LTD which has the prospecting license in respect of VIHIGA and KISUMU.
At the core of this matter is the interpretation and application of various aspects of the Mining Act 2016 for instance section 81(5) on renewal of licenses.
Environmental Law has always been at the heart of our practice in so far as it addresses the complex socio-economic relationships that underly the lifestyle in our cities.
To this extent , we have stretched the opportunities granted by the Kenya Constitution 2010 to ensure that governmental entities that are constitutionally and statutorily obliged as environmental agencies do their part in safeguarding the environment . It is in this context that we readily accepted to be part of NAIROBI ELC E083/2023-ABIGAEL ALIMA NAMAYI & 4 OTHERS-V-NAIROBI COUNTY GOVERNMENT & NEMA where we represent about 1000 waste packers who are the most affected victims of air pollution at the Dandora Dumpsite in Nairobi.
The victims are seeking amongst others:-
-Orders to compel the County Government of Nairobi to ringfence funds to implement permanent rehabilitation and restoration of the Dandora Dumpsite area measuring about 47HA.
-Awards of Damages as well as compensation for the breach of the plaintiff’s fundamental rights in the bill of rights.
Election related violence represents part of the dark history which as a nation we honestly hope has been completely buried. The post election violence of the 1990s resulted in massive displacement of Kenyans whose stories has long been forgotten even as their descendants live a life of poverty without land to call home.
It is on that premise that we took up KISUMU ELC 050/2021-DALMAS OTIENO ODWAR & OTHERS-V-MINISTRY OF LANDS & PHYSICAL PLANNING, MINISTRY OF INTERIOR & CO-ORDINATION OF NATIONAL GOVERNMENT & NLC case on behalf of Thessalia and Jaber Informal Settlement Scheme members where in we secured a favorable judgment granting the plaintiffs awards in the form of damages.
The issue of oil spills is one that traverses the different dimensions of law given its disastrous and irreversable long term effects on the lives of the affected hence capturing the purview of the fundamental rights in the bill of rights.
This must be looked at in the context of Article 42 of the Constitution of Kenya as read together with Article 24 of the African Charter on Human and People’s Rights on enforcement of environmental rights.
It is within this context that we have been privileged to represent members from 150 villages of Miasenyi and Majengo Mapya in Taita Taveta who were affected by the oil spill that happened on 17/12/2016 following the bursting of the main pipeline owned by the Kenya Pipeline Company.
In VOI ELC E002/2023-MARTHA MWAKIA & OTHERS-V-KENYA PIPELINE COMPANY & ANOTHER the plaintiffs are seeking:-
-That the court issue permanent conservatory orders compelling the defendants to implement permanent rehabilitation and restoration of the Miasenyi and Majengo Mapya Village lands and ecosystem.
-That the court grant the plaintiffs damages and compensation for breach of their fundamental rights in the bill of rights.
Enforcement of good governance through implementation of the Constitution of Kenya 2010 and the County Government Act No.17 of 2012 is one of the pillars through which the state that is Kenya shall one day fly with the eagles.
For a country that in 2022 breached it’s debt ceiling anchored in section 50(2) of the Public Finance Management Act 2012 by occasioning an amendment of the Act to allow exceeding of the limit, it is critical that proper fiscal policies are put in place to control and ensure prudent expenditure of public funds.
It is critical that both the national and forty seven county governments be at the forefront in this noble initiative so as to guarantee service delivery to the people of Kenya.
We have had the honor to represent the SIAYA COUNTY-DEPUTY GOVERNOR CPA WILLIAM ODUOL in respect of summons issued to him by the COUNTY ASSEMBLY OF SIAYA to answer and give clarification on the questions that he has raised in various fora in respect of misappropriation of public funds by the executive .
OUR FEES
Our fees are based mainly on time spent, albeit other factors discussed and agreed with the client maybe taken into consideration.
Hourly billing rates vary according to seniority of the attorney.it is our practice to discuss fees with clients and ensure that work is done cost effectively by professionals with the relevant and applicable skills and expertise