MILESTONES

We have extensive experience in advising and acting for clients in all areas and sectors which include;

1. The Kenya Fisheries Management and Development Bill, 2023

Duties:

  • (i)Conducted comparative study tours on Fisheries laws and Regulations for devolved systems in Government and how they relate with the National\ Federal Government in Egypt, Tanzania and India.
  • (ii)Collected views from members of the public and key stakeholders in all the relevant Counties of Kenya and drafted specific Fisheries Policies and recommendations for implementation.
  • (iii)Prepared the Fisheries Regulations Report for the Kenya Law Reform Commission with fundamental recommendations on Fisheries Laws, Policies and Regulations.

2. Drafted Key Policy Frameworks National Fisheries Policy, 2020:

This policy provides a guiding framework for the sustainable development of Kenya's fisheries sector, aiming to improve management and development while enhancing fish production and community well-being.

Institutional Framework Kenya Fisheries Service (KeFS):

This service is responsible for implementing the policies and legislation. Its functions include promoting aquaculture, coordinating quality assurance, conducting monitoring and surveillance, and undertaking necessary infrastructure development for the fisheries sector.

Key Policy Objectives and Focus Areas

a. Sustainable Resource Management:

Implementing measures such as closed seasons, restricted fishing areas, and limitations on fishing gear to ensure the long-term health of fisheries resources.

b. Aquaculture Development:

Promoting the introduction of appropriate technologies and best practices in aquaculture to increase fish production.

c. Socio-Economic Development:

Supporting fishing communities through enhanced fish production and improved infrastructure.

d. Quality and Safety:

Coordinating fish quality assurance, safety standards, and promoting compliance with regulations.

e. Monitoring, Control, and Surveillance (MCS):

Coordinating and undertaking MCS activities to ensure adherence to the fisheries act and management measures.

f. Manpower Development:

Identifying and recruiting skilled manpower for the fisheries sector and providing training to meet the growing demands of the industry.

g. Stakeholder Engagement:

Involving relevant agencies, county governments, and other stakeholders in the planning and implementation of fisheries policies and plans.

3. Presidential assignments

  • (a)
    Presidential Commission of Inquiry on Land Law Systems of Kenya (2000-2002) as Counsel Lead Legal Researcher

    Duties:

    • (i)Conducted comparative study tours on Land Tenure System in Australia, Singapore, Egypt, Botswana, Tanzania and India.
    • (ii)Collected views from members of the public and key stakeholders in all the districts of Kenya and drafted specific land tenure recommendations for implementation.
    • (iii)Prepared the Presidential Report of the Commission with fundamental recommendations on Kenya’s land tenure system.
  • (b)
    Presidential Police Reforms Implementation Committee (2010/11) as joint secretary :

    Duties

    • (i)Implementation of 200 police reforms recommendations contained in the Ransley Report;
    • (ii)Development and drafting of police reform laws namely; The National Police Service Act, 2011, the National Police Service Commission Act, 2011, the Independent Policing Authority Act, 2011 and the Coroners Bill, 2011.
    • (iii)Development of various policing policies including the Community Policing policy, Police Fleet management policy, Police Code of Conduct, and the new police training curriculum.
    • (iv)Mobilized resources for police housing programme and purchase of policing tools.
  • (c)
    Presidential Taskforce on Parastatal Reforms (2013): Legislative Drafter
    • (i)Restructuring parastatals in Kenya;
    • (ii)Review of the State Corporations Act;
    • (iii)Development of the Government Owned Entities, 2014;
    • (iv)Development of the Sovereign Wealth Fund Bill, 2014;
    • (v)Development of the Mwongozo Code of Governance for State Corporations.

4. Constitutional Implementation

Our team has contributed to and played a central role in the development of the following Constitutional implementation laws:

Legislation relating to judicial reforms

  1. the Judicial Service Act, 2011;
  2. the Supreme Court Act, 2011;
  3. the Environment and Land Court Act, 2011;
  4. the Employment and Labour Relations Court Act, 2011;
  5. the Court of Appeal (Organization and Administration) Act, 2015;
  6. the High Court (Organization and Administration) Act, 2015;
  7. the Magistrates' Courts Act, 2015;
  8. the Small Claims Court Act, 2016;
  9. the Judiciary Fund Act, 2016;
  10. the Contempt of Court Act, 2016;
  11. the Supreme Court (Presidential Election Petition) Rules, 2017;
  12. the Elections (Parliamentary and County Elections) Petitions Rules, 2017
  13. the High Court (Organisation and Administration) (General) Rules, 2016;
  14. the Political Parties Disputes Tribunal (Procedure) Regulations, 2017;
  15. the Electronic Case Management Practice Directions, 2020.

Contribution to pro bono work and promotion of access to justice

  1. Developed the Legal Aid Act, 2016;
  2. Developed draft Legal Aid Fund Regulations to facilitate provision of legal aid across the country. The objective was strengthening the National Legal Aid Service to enable it administer legal aid including pro bono services currently administered by the Judiciary.

Legislation relating to land reforms and natural resources

  1. The National Land Policy, 2009;
  2. Land Act, 2012;
  3. Land Registration Act, 2012;
  4. Community Land Act, 2016;
  5. Regulations under the National Land Commission Act, 2015.
  6. Land Regulation, 2017;
  7. Land Registration Regulations, 2017;
  8. Community Land Regulations, 2017;
  9. Adjudication of Historical Land Injustices Bill, 2015;
  10. Maximum and Minimum Land Holding Acreages Bill, 2015

Legislation relating devolved governments

  1. the County Governments Act, 2012;
  2. the Transition to Devolved Government Act, 2012;
  3. the Intergovernmental Relations Act, 2012.

Legislation relating to the Republic and citizenship

  1. the Kenya Citizenship and Immigration Act, 2011;
  2. the Kenya Citizens and Foreign Nationals Management Service Act, 2011;
  3. the Treaty Making and Ratification Act, 2012.

Legislation relating to the Bill of Rights

  1. the Kenya National Commission on Human Rights Act, 2011.
  2. the Persons Deprived of Liberty Act, 2014;
  3. the Consumer Protection Act, 2012.
  4. the Fair Administrative Action Act, 2015.
  5. the Marriage Act, 2014;
  6. the Matrimonial Property Act, 2013;
  7. the Protection Against Domestic Violence Act, 2015.
  8. the Access to Information Act, 2016;
  9. the Media Council Act, 2013;
  10. the Protection of Traditional Knowledge and Cultural Expressions Act, 2016;

Legislation relating to the Executive

  1. the Power of Mercy Act, 2011;
  2. the Assumption of the Office of President Act, 2012.

Legislation relating to public service

  1. the Public Service (Values and Principles) Act, 2015;
  2. the Public Service Commission Act, 2012.

Legislation relating to Electoral reforms

Substantive Electoral laws

  1. the Independent Electoral and Boundaries Commission Act, 2011.
  2. the Elections Act, 2011;
  3. the Election Campaign Financing Act, 2013;
  4. the Election Offences Act, 2016;
  5. the Elections (Amendment) Act, 2017;
  6. the Political Parties Act;
  7. the Political Parties (Amendment) Act, 2016.

Regulations under Electoral Laws

  1. Political Parties (Registration) Regulations, 2014;
  2. Political Parties (Funding) Regulations, 2016;
  3. Political Parties (Political Parties Liaison Committee) Regulations, 2016;
  4. Elections (Party Primaries and Party Lists) Regulations, 2017;
  5. Election (Voter Education) Regulations, 2017;
  6. Elections (Technology) Regulations, 2017;
  7. Election (Voter Registration) (Amendment) Regulations, 2017;
  8. Election (General) (Amendment) Regulations, 2017;
  9. Political Parties Dispute Tribunal Regulations, 2017;

Legislation relating to accountability and integrity

  1. the Ethics and Anti-Corruption Commission Act, 2011;
  2. the Leadership and Integrity Act, 2012.

Legislation relating to public finance

  1. the Public Finance Management Act, 2012;
  2. the Public Audit Act, 2015;
  3. the Controller of Budget Act, 2016.

Legislation relating to Agriculture

  1. the Agriculture and Food Authority Act, 2013;
  2. the Crops Act, 2013;

Legislation relating to Police and National Security Organs

Mainstream Police Laws

  1. the National Police Service Act, 2011;
  2. the National Police Service Commission Act, 2011;
  3. the National Security Council Act, 2012;
  4. the Independent Policing Oversight Authority Act, 2011;

Defence Forces and NIS

  1. the Kenya Defence Forces Act, 2012;
  2. the National Intelligence Service Act, 2012.

Other police related documents

  1. Revision of National Police Service Standing Orders, 2016
  2. Revision of the National Police Reforms Handbook, 2017
  3. Revision of the National Police Reforms Training Toolkit, 2017

Legislation relating to Constitutional offices

  1. the Teachers Service Commission Act, 2012.
  2. the Salaries and Remuneration Commission Act, 2011.
  3. the Commission on Administrative Justice Act, 2011.
  4. the Commission on Revenue Allocation Act, 2011.
  5. the National Land Commission Act, 2012.
  6. the National Gender and Equality Commission Act, 2011.

Laws Relating to Public Finance

Our team has been involved in the development of laws implementing the Constitution which were not necessarily required under the Fifth Schedule (2013 to 2017). These include:

  1. Kenya Credit Guarantee Scheme Policy, 2013;
  2. Kenya Credit Guarantee Scheme Bill, 2013;
  3. Government Owned Entities, 2014;
  4. Sovereign Wealth Fund Bill, 2014;
  5. Companies Act, 2015;
  6. Insolvency Act, 2015;
  7. Cybercrime Bill; 2017;
  8. Movable Property Security Rights Bill; 2017.

We have also been involved in the following amendment Bills to align the various laws with the Constitution of Kenya:

  1. Kenya Institute for Public Policy Research and Analysis (Amendment) Act, 2015;
  2. Witness Protection (Amendment) Bill, 2016;
  3. Land (Amendment) Act, 2016;
  4. Political Parties (Amendment) Act, 2016
  5. Elections (Amendment) Act, 2016;
  6. Elections (Amendment) Act, 2017;
  7. County Government (Amendment) Bill, 2017.

Developed other laws including subsidiary legislation (Regulations and Rules) to give effect to various Constitutional implementation laws.

Legislation relating to Housing and Construction sector

  • (a)Drafted the Sessional Paper No. 3 of 2016 on the National Housing Policy;
  • (b)Drafted the Physical and Land Use Planning Bill, 2018;
  • (c)Drafted the National Construction Authority Bill, 2011;
  • (d)Drafted the Slum Upgrading and Prevention Bill, 2020;
  • (e)Drafted the National Building Code Regulations, (Building Code), 2022; and
  • (f)Drafted the Regulatory Impact Assessment on the National Building Code.
  • (g)Drafted Regulatory Impact Statement on Electronic Land Transactions Regulations, 2020
  • (h)Drafted Regulatory Impact Statement on the Land Laws Amendment Regulations 2023
  • (i)Drafted Regulatory Impact Statement on the Road Side Stations Regulations 2023
  • (j)Drafted Regulatory Impact Statement on the Land (Public Rights of Way) Regulations 2023
Kenyan County Assembly in Session

5. County Legislation

  • (a)
    Drafted sundry legislation for:
    • (i)Isiolo county government
    • (ii)Makueni County government
    • (iii)Kericho county government
    • (iv)Mombasa county government
    • (v)Taita Taveta county government
    • (vi)Kisumu county government
    • (vii)Baringo county government
    • (viii)Machakos county government
    • (ix)Garissa county government
    • (x)Turkana county government
    • (xi)Nyandarua County government
    • (xii)Kisumu county government
    • (xiii)Wajir county government
    • (xiv)Samburu county government
  • (b) Training on County legislative process and policy formulation for MCAs, members County executive committee and chief officers and for the following: Samburu (2015), Kitui (2015), Embu (2014/15), Mombasa (2014), Homa Bay (2013), Kericho (2013), Isiolo (2014) and Taita Taveta (2013).

6. Legislation relating Integration, Regional trade, movement of goods and persons and intellectual property

Deployment of EAC regional laws including:

  • (i)EAC Custom laws;
  • (ii)Harmonization of EAC commercial and trade laws;
  • (iii)Developing intellectual property law;
  • (iv)Labour laws
  • (v)Immigration laws, and
  • (vi)
    Intellectual Property Laws, namely -
    • (i)Lay-out designs of Integrated Circuits;
    • (ii)Industrial designs;
    • (iii)New Plant Varieties;
    • (iv)Geographical indications;
    • (v)Trade Secrets;
    • (vi)Utility Models;
    • (vii)Traditional Knowledge;
    • (viii)Genetic Resources; and
    • (ix)Traditional Cultural Expressions and Folklore.
Intellectual Property Law Book and Gavel

7. Competencies and expertise in:

  • (i)Policy formulation and analysis;
  • (ii)Legislative Drafting;
  • (iii)Legal writing;
  • (iv)Public/stakeholder consultation and engagement in law making;
  • (v)Legal research and comparative studies;
  • (vi)Law Reform;
  • (vii)Technical Assistance and advice to MDA in legislative processes;
  • (viii)Gap assessment in legislative processes;
  • (ix)Legal frameworks for constitutional implementation;
  • (x)Development of Regulatory Impact Assessments and post enactment evaluation of laws;
  • (xi)Training in legislative processes and drafting

8. Other Public Sector Assignments

Participated as member/legislative drafter to the following working teams/committees/Task Forces (2012 -2017)

  1. Providing technical assistance to the East African Community Legal and Judicial Sectoral Committee in developing various EAC Bills for tabling before the East African Legislative Assembly (EALA);
  2. Member Financial Law Review Panel, Capital Markets Authority.
  3. Development of legal frameworks required to facilitate Electronic Land Transactions, 2020, under the Ministry of Land and Physical Planning.
  4. Development of the Sectional Properties Act, 2021 and Regulations 2022 under the Ministry of Land and Physical Planning.
  5. Member of the Working Committee on the Review of State Corporations Legislative Framework, 2020 under the Office of the President.
  6. Member of the Task Force on the development on Regulations under the land laws, 2017.
  7. Member of the Task Force on the Review of National Security Laws, 2014
  8. Member of the Task Force on the Development of Policy and Legislation, and Institutional Framework on National Values System for Kenya, 2014.
  9. Task Force on Community Land Bill and the Evictions Bill, 2013.
  10. Task Force to develop Regulations on the new Land Laws of Kenya, 2011.
  11. Task Force to review the Regional Development Authorities Acts, 2010.
  12. Task Force to develop policy and review the State Corporations Bill, 2013.
  13. Task Force on the Development of Investigation and Adjudication of Historical Injustices Bill, 2015.

9. High profile conveyancing transactions for diverse clients, notable ones being:

  • Sale and successful transfer of Teleposta Towers (Now Kemu Towers) along University Way whose consideration was 1.257 Billion in the year 2009. In this transaction, we acted for both the vendor (Teleposta Sacco Society Ltd) and the purchaser (Kenya Methodist University).
  • Provided conveyancing, litigation, advisory and consultative services for parcels of land worth in excess of 3.2 Billion to National Cooperative Housing Union (NACHU).
  • Successfully defended Ufundi Sacco Society Limited members’ resolution to dispose Ufundi Plaza located along Moi Avenue in Nairobi Environment and Land Court Civil Appeal No. 37 of 2014 whose determination was made on 20th December, 2021.
  • Successfully prosecuted and forestalled illegal and fraudulent transactions relating public property belonging to our Samuru Gituto Farmers Cooperative Society Municipality measuring over 300 Billion in Nairobi Court of Appeal Civil Appeal No. 300 of 2010 whose judgment was delivered on 31st March, 2019.
  • Successfully undertook sales, subdivisions, obtaining relevant consents, transfers and processing of titles for various parcels of land belonging to our client Magereza Sacco Society Limited located in Kajiado, Machakos and Nairobi counties worth hundreds of Millions.

Co-operative Law & Institutional Advisory

  • We are regular advisors to the Minister responsible for matters Co-operatives, Principal Secretary and Commissioner for Co-operatives on matters Co-operatives Law generally. Previously when our Mr. Gitonga served at Ministry for Co-operatives, he was the principal advisor to the Minister, Permanent Secretary, Commissioner for Co-operative Development and all Co-operative Officers including Deputy Commissioner, Provincial Co-operative Officers, District Co-operative Officers on all legal matters pertaining to and affecting the Co-operative Societies including Registration, Amalgamation, Arbitration, By-Laws and the Rules generally.
  • Our firm in 2020 incorporated the New Kenya Planters Co-operative Union Limited (New KPCU), a state corporation which took over from the old KPCU, now under liquidation and is currently retained to handle all its court cases and offering advisory services over its asset base (both machinery and land) worth in excess of 6 Billion.
  • Our Mr. Gitonga Muriuki also served as secretary to the Ministry’s Legal Task Force on Co-operative Laws which was responsible for providing Ministry version of Liberalization and the notable areas are the creation of Co-operative Tribunal, creation of the Office of Registrar of Co-operatives, entrusting most responsibilities on the Co-operative societies themselves, providing for the penalty clauses in the event of non-compliance and made suggestions on the providing clause for penalty on non-remittances of members deductions.
  • In 1998, we consulted for the Ministry of Co-operative Development on the interpretation of the new Co-operative Societies Act No. 12 of 1997 explaining clause by clause in layman’s language for publication of a popular version of the Act for consumption and understanding by co-operative societies and their members.
  • We have prepared By-Laws for many Co-operative Societies, notable ones including Kandara Farmers’ Co-operative Society Limited, All Societies in Kirinyaga District as it were, Kirinyaga District Co-operative Union Limited, Mwea Rice Farmers’ Sacco Society Limited, Nyakiri Farmers’ Co-operative Society Limited, Mwea Multipurpose Co-operative Society Limited, Kianjiru Farmers’ Co-operative Society Limited and Kiriani Farmers’ Co-operative Society Limited among others.
  • We have been involved in consultancy for the World Bank on the interpretation of the rules of Co-operative Society Act, the Co-operative Societies Act and various by-laws.
  • We have also acted for the World Bank on the role of Co-operative Societies on the CBO’s on water preservation.
  • Our Mr. Gitonga Muriuki has also served in several capacities and has served as the secretary of the ministerial task force on the drafting of the Co-operative Societies Act.
  • He has also served as a senior state counsel with the Government.