McKay offers clients efficient and strategic advice while employing creativity in solving the most complex matters through strategic case management and a progressive approach to dispute resolution. We focus on commercial disputes, environment and land disputes, employment and labour relations, property disputes, constitutional and human rights law, public procurement disputes, succession law, insolvency, commercial arbitration, data protection and cyber-security.

 

Some of the notable work we have recently done include the following:

 

• Commercial: provided commercial litigation services to a number of banks and financial institutions in suits relating to the exercise of statutory power of sale; 

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• Constitutional: represented a petitioner in a high profile public interest constitutional litigation involving the protection afforded to public servants with respect to whistleblowing rights;

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• Environmental: Represented a County Government before the National Environmental Tribunal in a suit by an investor challenging the County Government’s involvement in the process of revocation of an Environmental (EIA) license by NEMA. The suit was with respect the Kimana wildlife corridor;

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• Employment & labour relations: represented a County Assembly in the Court of Appeal in relation to an employment dispute relating to the appointment of the clerk of the said County Assembly;

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• Employment & labour relations: represented a County Government in a dispute in which the Claimant had sought compensation for the sum of KES 25,000,000 for wrongful and unfair termination;

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• Employment & labour relations: represented a leading water service provider in various petitions filed in the employment and labour relations court involving complex and novel issues;

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• Real estate & construction: represented a leading real estate developer in various matters ranging from tenancy disputes, evictions and contractual disputes relating development and purchase of houses;

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• Insolvency: represented a number of creditors in insolvency proceedings filed against various Kenyan leadings supermarkets;

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• Procurement: represented an electricity transmission and distribution company in relation to a dispute emanating from unpaid supplier invoices;

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• Constitutional: acted for a digital marketing company in a dispute filed before the constitutional court involving personality and privacy rights;

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• Commercial: represented a data management system company in relation to a software installation dispute;

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• Employment & labour relations: represented a leading Kenyan telecommunication operator in a number of labour disputes relating to retrenchment of staff;

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• Real estate & construction: represented one of Kenya’s oldest pension schemes at the Business Premises Rent Tribunal and the Rent Restriction Tribunal in various tenancy and rent disputes with its clients ranging from disputed rent increments, evictions, exercise of distress for rent, among others;

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• Real estate & construction: acted for a number of Kenyan companies in arbitration proceedings in relation to disputes arising out of project management and finance agreements, construction agreements, business and asset purchase agreements (BAPA);

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• Commercial: acted for an individual in a dispute relating to the bank’s improper exercise of its statutory power of sale;

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• Insolvency: acted for a petitioner in insolvency proceedings commenced against a debtor Company;

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• Procurement: represented a Government of Kenya state parastatal mandated to execute surface geothermal development in an alternative dispute resolution (ADR) in relation to the recovery of an unhonoured advance payment guarantee (APG) issued in its favour by a Hong Kong based drilling company.