Kenya: Ensuring Economic Growth


Mohammed Muigai is a leading law firm based in Kenya’s capital, Nairobi. Comprising six partners and five associates, allied to the finest legal and administrative support staff, the firm’s reputation as a market leader derives from a tradition of excellence that spans over two decades. We spoke to them about the growth of their firm as well the burgeoning opportunities now present in the Kenyan economy.

Our areas of practice are wide-ranging and are divided into four principal departments, namely: litigation and arbitration, conveyancing and property law, commercial transactions, and legal advisory and consultancy. Under these are several specialist sub-categories.

Our client base is as diverse as it is large, involving individuals and corporate entities – both local and international. We understand our clients’ needs and work relentlessly to ensure delivery of innovative solutions, sound representation and pragmatic commercial advice based on our knowledge and experience cutting across business and legal practices.

Mohammed Muigai Advocates continues to deliver high quality services to all the clients for whom it is retained. This has received recognition in a number of respectable international directories, including Chambers and Partners Global and Legal500 as well as a variety of local publications.

We are very proud to be based in Kenya, a region that has experienced phenomenal growth over the past few years. According to The World Bank, Kenya’s economy is estimated to have grown by 5.4% in 2014 and is projected to grow by 6% in 2015. Furthermore, it is predicted that this growth will continue with the economy expanding at 6.6% in 2016 and 6.5% in 2017, according to the latest World Bank Group’s economic analysis. The Kenya Economic Update for March 2015 says Kenya is emerging as one of Africa’s key growth centres and is also poised to become one of the fastest growing economies in East Africa, supported by lower energy costs, investment in infrastructure, agriculture, manufacturing and other industries.

The legal landscape has changed dramatically since Mohammed Muigai was established in 1988, as has the work of the Litigation and Arbitration Department. Initially, the practice focused on criminal law and negligence – areas in which it was, and remains, very distinguished and respected. There have been major developments in the way the courts work and we have seen an increasing number of specialist tribunals established under various legislative regimes. Drawing on its dynamism, Mohammed Muigai’s response to these changes has been swift, yet the firm has always retained its devotion to quality, making it a constant feature in the most important matters decided by these tribunals.

Kenya’s new constitution has given rise to much public law litigation, an area in which Mohammed Muigai plays a very substantial part. Our Litigation and Arbitration Department combines vitality, depth and experience, which it calls upon when undertaking assignments spanning the entire spectrum of dispute resolution, including constitutional law and judicial review, employment law, telecommunications, intellectual property law, tax law, procurement, defamation law, banking and finance, election petitions, energy and construction disputes among others. We are also involved in a number of complex arbitrations in various specialist areas.

Our Legal Advisory and Consultancy Department is a unique department that provides services to a wide range of clientele, including governments, regional and international organisations, professional societies and organisations, banks, insurance companies and other financial institutions, and private clients. Over the years, the department has accumulated substantial experience in institutional, legal and regulatory reforms.

Some of the projects that the department has been consulted on in the past include development of a three-year National Legal Aid & Awareness Strategy, review of the institutional framework for the agriculture sector, review of the institutional framework for the insurance sector, development of the Tourism Bill of 2007 – which was later passed by parliament as the Tourism Act, 2011 – advising stakeholders on waste tyre management systems and preparation of a digest of court cases relating to access to information in Kenya among others.

Our commercial transactions department provides specialised commercial advisory services to a diverse range of clients across an equally diverse range of industries, locally and internationally. These include undertaking due diligence, negotiating restructurings, mergers and acquisitions, advising on public listing, rights issues, asset sales and financing through single lender or syndicate loans. We are determined to provide the best legal solutions to our clients’ business needs in various sectors, including telecommunications, banking and finance, insurance, mining and energy, construction as well as the media.

Our strength is derived from our in-depth knowledge of the local legal and regulatory framework and institutions across the various industries, ensuring that our clients’ businesses and investments are secure. In view of the delicate dynamics of business, we undertake our assignments through focused teams headed by a partner and comprising of associates and legal assistants so as to guarantee the efficient delivery of expected outcomes to our clients.

Our core mandate is to deal with all aspects of land law and real property transactions. We are involved in some of the most sensitive and demanding negotiations including:
• Acting for leading financial institutions and preparing security documentation in their favour
• Sale and purchase of flats, maisonettes, town house, parcels of land, industrial, commercial buildings and multi-storey residential complexes
• Registration of documents and obtaining the necessary clearance consents with the relevant registries or authority
• Conducting due diligence and undertaking sub-division and amalgamation of parcels of land
• Application to the relevant authorities and lands registries for change of user from either residential to commercial or agricultural or mixed use
• Legal advisory services rendered in a precise and timely manner

Our clients, both local and foreign, include investors, agencies, commercial and residential developers and financial institutions. They rely on us because we understand the technicalities and implications of all transactions. We strive to ensure that our clients’ interests are protected from any potential liability. We take a result oriented and strategic approach, which helps our team successfully conclude all transactions in a timely way.