James Oketch
James holds an LLB (Hons) Degree from the Catholic University of Eastern Africa and a Post Graduate Diploma from the Kenya School of Law. He is a Member at the Chartered Institute of Arbitrators (MCIArb), a member of the Law Society of Kenya and East Africa Law Society. James has undertaken a course on Insolvency & Business Restructuring Laws & Practice from the Kenya School of Law which made him have a better understanding and grasp of the insolvency and business restructuring ecosystem under the legal framework provided for both in the country and internationally. He is also well versed in matters to do Intellectual Property having attended the World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations with 193 member states wherein he undertook and a certified course on Intellectual Property.
James has also been recognized as one of the top up and coming commercial lawyers in Kenya in 2023, by “The Lawyer Africa” rankings and publication.
James Oketch
Managing Partner
James is currently undergoing a specialized course and training on the Patent Cooperation Treaty (PCT); an international treaty which provides a system of filing patent applications; and assists parties who are seeking patents in multiple countries around the world on the basis of a single patent application. Additionally, James is keen on the legal principles surrounding Technology and Innovation, having taken a course on Digital Skills, Artificial Intelligence and Information Technology from the British Council English Score. He has also undertaken a course on Leading Change through Policy Making; from the British Council English Score, which has added to his vast experience and expertise on policy making, legal compliance and legislative drafting. James has also undertaken a training on Data Protection, Compliance and Data Security from the Africa Digital Policy Institute and Lawyers Hub. His specialties include:
● Litigation
● Conveyance and Real Estate development
● Intellectual Property Law
● Arbitration and Alternative Dispute Resolution
● Policy Making
● Debt Collection
● Policy and Legal Compliance
● Technology & Innovation Practice
● Corporate and Commercial Law
RELEVANT EXPERIENCE
LITIGATION
- Acting for a civil society organization in relation to the appointment of the Chief Executive Officer of the ICT Authority.
- Acting for a Japanese motor vehicle company, which is globally, the largest international car inspection company, having its headquarters in Japan with operations in over twenty (20) countries. Acted for the company in the Public Procurement Regulatory Authority.
- Acted for nine hundred (900) coffee farmers in their respective Coffee estates in relation provision touching on the Coffee Act and the Crops (Coffee) (General) Regulations, 2019.
- Acting for over three thousand (3,000) employees of Bomet County and obtained conservatory orders staying their termination and unilateral variation of their employment.
- Acting for a Canadian company in relation to redundancy of their staff and employees in Kenya.
- Acting for a Public University to obtain a mandatory injunction for eviction in relation to a five hundred (500) acre parcel of land.
- Acting for an employees Union in ensuring that all the casual employees in Nyeri County had their employment converted into terms and conditions consistent with the Employment Act. Casual workers who were mostly in the defunct county government had their employment regularized.
- Acting for an employees Union and the entire Nairobi County legal team had been sent on compulsory leave by the Governor of Nairobi. Ensured that the compulsory leave letters issued to the legal team were stayed and that our clients received all their salaries and emoluments for the pendency of the suit which was concluded in 2019 wherein our clients were awarded USD 260,000 as damages
- Acting for one hundred and thirty-eight (138) employees of Wajir County Assembly and ensured that a Judgment in their favor for over USD 8 Million was awarded to them in January 2020.
- Acting for one hundred and fifty-seven (157) employees of Machakos County in a suit for unfair termination and ensured that they were awarded USD 157,000 as damages
- Acted for a developer in the matter wherein the Appellants in the case sought to have the NEMA Tribunal stop the on-going construction of our client’s development whose subject matter was valued at over USD 100 Million. Ensured that the suit dismissed ensuring that the development and on-going construction went on uninterrupted
- Acting for a software company in the Public Procurement Regulatory Authority in relation to tenders touching on audit management software.
CONVEYANCING EXPERIENCE
● Advised Ndemi Garden Limited, the developer/purchaser who put up a two hundred and twenty (220) unit development along Ngong Road, Nairobi. Handled all aspects of the transaction from due diligence in the property acquisition, negotiating and obtaining finance, perfecting the security for the project and registration of the leases therein.
● Advised Kaisar Ventures Limited, the developer who put up an over two hundred (200) unit development along Laikipia Road, Nairobi. Handled all aspects of the transaction from due diligence in the property acquisition, negotiating and obtaining finance for the project and registration of the leases therein.
● Advised Detiland/Diamond Homes Limited, the developer who put up an over two hundred (200) unit development along Othaya Road, Nairobi. Handled all aspects of the transaction from due diligence in the property acquisition, negotiating and
obtaining finance for the project and registration of the leases therein.
COMMERCIAL EXPERIENCE
● Advised several digital lenders in relation obtaining and acquiring the requisite Central Bank of Kenya licenses.
● Advised shareholders in a Tier 3 Bank in relation to sale and acquisition of their shares.
● Advised an online petition company based in San Francisco California which is operational in one hundred and ninety-six (196) countries in relation to compliance in relation to their operations in Kenya.
● Acted for a motor vehicle importation company. Advised on compliance in relation to pre- certified and pre-owned motor vehicles in relation to drafting of their car warranties, custom clearance agreements, importation agreements, sale agreements, agreements with third parties such as mechanic service agreements among other items.
● Advised Clients in formation of a Company to be registered under the capital Markets (Licensing Requirements) (General) Regulations, 2002 and the Capital Market Act, Cap. 485. Ensured that all the requirements set out by the Capital Markets Authority are met and adhered to.
● Advised several Polish companies in relation to compliance and their operations in Kenya.
POLICY/LEGISLATIVE DRAFTING
● Advised a County Government in formulation and implementation of the county’s first transport policy; which is now operational. The said policy was formulated with a view of ensuring sustainable economic growth through the movement and efforts of a large workforce. This results to an increased demand in provision of efficient, effective and structured transport service for county officers to facilitate prompt provision of services.
● Advised and acted for a sports federation in relation to its constitution, rules and regulations.
PROBATE AND ESTATE PLANNING
● Advised Clients in formation of a trust and managing their estate worth over USD 40 Million
● Advised Clients in formation of a trust and managing their estate worth over USD 7 Million
PROBATE AND ESTATE PLANNING
● Advised various clients on debt rescheduling, insolvency and the business restructuring ecosystem under the current legal regime is concerned. Given advisories to our clients to ensure that they significantly modify their debt, operations and structure of their company as a way of limiting financial harm and improving the business.
● Advised a client in relation to recovering USD 9 Million and ensured that the same was paid.
TECHNOLOGY AND INNOVATION PRACTICE
● Advised a leading technology company in relation to data security, data protection and data compliance are concerned. Acted for the client in obtaining a contextualized knowledge of the foundational legal principles and concepts in the regulation of data.
● Advised a leading e-mobility company in relation to an Engineering Services and Partnership Agreement for production of Electric Vehicles for the Kenyan market; between the company and an automotive manufacturer in China.
● Advised a Tier 2 Bank in relation to the on-going legal and regulatory framework relating to virtual assets and related activities
● Undertaken trainings on behalf of clients on steps to be taken in order to comply with personal data protection laws as well as the data ethics framework on how to use data appropriately and responsibly.
● Advised a local company on data protection, collection and retention policies, privacy and access rights;
● Advised a local company on software and technology related intellectual property rights;
● Advised various start ups within the technological space to commercialize their innovation.
● Advised a Polish client on a Trade Mark registration in the country.
● Advised various leading artists in relation to their Intellectual Property rights
SERVICES
LINKS
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