LAW FIRM PROFILE & STRUCTURE

 

M/s ACHOLA ODHIAMBO & COMPANY ADVOCATES contact details are as captured below: -

ACHOLA ODHIAMBO & COMPANY ADVOCATES,

P.O BOX 6017 – 00100,

NAIROBI.

E-MAIL: acholaodhiamboadvocates@gmail.com

OFFICE MOBILE: 0112572628

 

The firm was established in 2019 and is founded on the following principles and objectives: -

1. To provide consistent high-quality and prompt legal services in Kenya, East Africa, and the world.
2. Strict adherence to professional codes of conduct and ethics
3. Ensuring a fundamental relationship of trust and confidentiality, which distinguishes the profession of legal services from that of other consultancy services.
4. To provide high-quality legal services focusing on the satisfaction of the needs of both corporate and individual clients.

A. AREAS OF SPECIALIZATION

In the broader perspective of serving various categories of clients, ACHOLA ODHIAMBO & COMPANY ADVOCATES provides composite legal services in the following fields of law and general practice.

1. ENERGY, OIL AND GAS

The Law firm currently offers legal services relating to Oil and Gas Law by providing services such as:

• Negotiation of contracts between local companies and foreign investor companies involved in various infrastructure developments such as joint venture agreements in the extractive industries
• Offer International Arbitration for disputes arising in Oil and Gas Law
• Undertake research on Environmental Law and Policy for Natural Resources and Energy
• Undertake research on International Petroleum Law and Policy
• Provide services geared towards International Disputes Settlement

2. INSURANCE

Legislations affecting the insurance industry are well developed in the East African Region. Mr. Achola is well-versed in the legislation affecting the insurance industry in Kenya. The firm has 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.

3. LITIGATION

Besides Civil and Criminal Litigation, the firm also handles arbitration matters in corporate and vigorous commercial transactions.

The firm has thus put in place the following in the utmost interest of our esteemed clients.

• Initiating mechanisms to undertake suitable and effective actions to obtain injunctions, have them discharged and place caveats and prohibitions 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 them with copies of judgments and rulings when required
• To attain the above objectives our firm is fully accessible online via E-mail and our telephones are easily accessible.

4. AVIATION, CARRIAGE BY SEA AND MARITIME LAW

The development of aviation law in Kenya has paralleled the growth of the aviation industry.

• Advice on liability claims (cargo and passengers)
• International Insurance policies
• Advice regarding Insurance claims
• Analysis of International Conventions
• Advice on licensing air transportation
• Accidents inquiries
• Advice on sea transportation
• Maritime Law Shipping generally
• Ocean management.

 

5. CORPORATE LAW

The Kenyan corporate law and commercial are majorly governed by the Companies Act 2015 and the common law applicable to the companies in the English System. Our target clients are: -

• Parastatals and Quasi-Government Institutions
• Manufacturing bottling and packing Companies
• Multi-National Companies
• Commercial Institutions (Financial Institutions, Banks, Shipping)
• Societies & Associates (Co-operative, Professional, Religious, NGO’s)
• Medium-sized Organizations
• Individual businessmen and entrepreneurs
• Mining Companies. Etc.
• United Nations specialized bodies.

6. BANKING AND FINANCIAL SERVICES

The banking and financial services industry in Kenya is primarily governed by the Banking and Financial Institutions and the 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 the rendering of returns and the maintenance of certain capital and liquid asset requirements.

We offer expert services on: -

• Preparing loan and security perfection
• Advice on all aspects of Banking and Insurance legislation
• Advice on International Development projects and rescheduling of debts.
• Preparation of contracts and various financing documentation.
• Establishing representative and branch offices of foreign institutions and Companies.
• Recoveries and repossessions and public auctions.

7. TAXATION

Taxation in the East Africa Cooperation 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, including the most tax-effective structuring of transactions and the selection of appropriate tax structures for the establishment of new business.
• Negotiating with the Revenue Authorities of the East African Cooperation and COMESA countries and the respective Ministries of Finance.

 

8. PROPERTY CONVEYANCING

Kenya’s immovable property (land) is based on the English Common Law principles and substantially regulated by statutes. The immovable property law in Kenya is governed by the Registered Land Act, the Registration of the Titles Act, the Government Lands Act, the Land Act, the Land Registration Act, and the Registration of Document 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 Conveyancing on registered lands has to conform to laid down statutory requirements on registration.

Our lawyers have a long history of Conveyancing practice during which they have represented, among others major public and private corporations, in various fields.

 

9. LABOUR LAW

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

These standards include: -

• Basic terms and conditions e.g. probation leave pay.
• Minimum safety/occupational health requirements
• 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.

• Labour litigation
• Drafting agreements and contracts of employment
• Advice on the labour implications of acquisitions and mergers
• Advice on retrenchment and rationalizations
• Advice on alternative means of dispute resolutions, including mediations and arbitration and the formulation of strategies in respect of strikes, locking, and other forms of industrial action.
• Institution of proceedings in the industrial court.
• Advice on unfair labour practices.
• Advice on statutory-based employment conditions and minimum standards.

 

10. 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 for strict adherence to intellectual property rights has let ACHOLA ODHIAMBO & COMPANY ADVOCATES to diversify into this field whereby we offer advice on the acquisition, registration, and protection of intellectual property:

• Business and Corporate names
• Licensing and technical agreements
• Advice on all related aspects of taxation
• Restrictive trade practices
• Trademarks
• Copyrights
• Advice on the application of trade and marketing laws.

11. ENVIRONMENTAL LAW

We have responded to the increasing demand for services in this area. 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 Management assessment
• Communications and Broadcasting Companies.

 

12. 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 at the forefront of dealing with NGO-related issues. We serve NGOs, the vulnerable, and the marginalized persons, and have established a viable network with the registering authorities. We also offer advice and draft opinions on the registration, viability, and sustainability of NGOs within Kenya and the East African region.

B.   MANPOWER STRENGTHS

The firm is made up of one proprietor, Mr. Achola, being the Managing proprietor. Below is a brief personal profile.

 

ADVOCATES

1.   ACHOLA MICHAEL ODHIAMBO

Achola Michael Odhiambo is a Kenyan National and a graduate holder of LLB (Hons), from the University of Nairobi and a Law Diploma from the Kenya School of Law. He is an advocate of the High Court of Kenya admitted in the year 2019, by emeritus Lord Justice David Maraga. He is in charge of research and legal drafting of our litigation department. He is also conversant with conveyancing, and company (local & foreign) registration, and also offers escrow services.

C. MODE OF CHARGING LEGAL FEES

Our legal fee’s structure is pegged on the Advocates (Remuneration) Amendment Order 2014. However, any other mutually agreed arrangement is acceptable as provided for under paragraph VII of the Advocates Remuneration order.