KITOO & ASSOCIATES ADVOCATES Experience • Creativity • Results
FIRM PROFILE
KITOO & ASSOCIATES ADVOCATES
CONTENTS THE FIRM 3 OVERVIEW 3 OUR VISION 3 OUR MISSION 3 KEY GUIDING PRINCIPLE 3 LEGAL AID 4 INDEMNITY 4 TECHNOLOGY 4 MODE OF CHARGING FEES 4
CORE VALUES 6 KEY EXPERIENCE 7 AREAS OF PRACTICE
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EMPLOYMENT AND LABOUR LAW 8 CONSTITUTIONAL LAW 8 COMMERCIAL AND CORPORATE LAW 9 CONVEYANCE/PROPERTY LAW 9 FAMILY LAW 10 BANKING AND SECURITIES LAW 10 INTELLECTUAL PROPERTY LAW 11 INSURANCE LAW 11 LEGISLATIVE DRAFTING 12 ELECTION PETITIONS 12
THE TEAM 13 PARTNER 13 ASSOCIATES 14 ADMINISTRATIVE & SUPPORT 16 PUPILS & INTERNS 17
CLIENTELE 18 OUR OFFICES 19
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KITOO & ASSOCIATES ADVOCATES
THE FIRM OVERVIEW Kitoo & Associates Advocates (KAA) is a medium-sized law firm with dedicated legal practitioners committed to providing personalized unmatched professional services and solutions for both corporate and individual clients. The firm has since grown into a multiple department firm, with partners and backed by Associates and Legal Assistants. Over the years, our scope of services has also grown, as has our clients’ base, which now includes individuals (local and international), corporate clientele (local and international) and state clients. It has its head office in Mombasa and a branch office in Machakos.
OUR VISION To become the leading providers of legal services to corporate East Africa
OUR MISSION To aggressively represent our clients by offering quality and unparalleled legal counsel, uncompromising dedication and ensuring a high reputation as well as upholding ethical standards.
KEY GUIDING PRINCIPLE Maintaining excellence while ensuring superior legal services for our clients, creating an enjoyable working environment based on teamwork in the firm and ensuring a long tradition of service and leadership in the provision of legal service 3
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LEGAL AID
INDEMNITY
The firm’s legal aid section is our We have a current Professional service to society. We give legal Indemnity Policy for Kenya Shillings advice and take legal actions on a Twenty Million (Kshs. 20,000,000.00). selective basis, at no fee. Pre-eminent amongst our clients in this section are widows for whom we handle probate matters and children in conflict with the law.
TECHNOLOGY The firm is fully computerized and this has greatly contributed to increasing our efficiency and responsiveness to our clients’ needs. We endeavour to be on the cutting edge of technology for good service delivery to our clients.
In addition to assisting clients on a one on one basis members of our team have been privileged to provide civic education to communities in their settings.
MODE OF CHARGING FEES We charge our fees based on the Advocates Remuneration Order or retainer basis. Usually, the basis of our charges will be set out in the letter confirming our acceptance of client’s instructions to act. Where appropriate, factors set out in the Advocates Remuneration Order may be taken into account, for instance, complexity, value and importance of the matter being handled. Sums incurred by us on our clients’ behalf such as stamp duty, search fees, agent’s fees and all other disbursements will be recharged in addition, as will expenses incurred on faxes, courier, emails, telephone calls and copying.
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Value-added tax where applicable, presently at 16%, is chargeable on fees and most disbursements (other than stamp duty and government fees). Our quotations and estimates do not include VAT unless otherwise expressly stated. We may submit interim bills during the course of handling matters. Also, we may at any time require from you a deposit on account of anticipated costs and disbursements. Such deposits are, in the normal way, held against payment of the final account to be rendered to you and the client is expected to settle interim bills without resort to the deposit.
KITOO & ASSOCIATES ADVOCATES
PROFESSIONAL STANDARDS & CLIENT CARE The firm espouses the highest ethical and professional standards and integrity in rendering and delivering legal services to its clientele. It is the firm’s conviction that delivery of services with utmost expedition and thoroughness is a sacred duty and the very reason and basis of the existence of our practice. We offer frank and candid opinions on disputes and all other matters to enable our clients make informed decisions in their dealings. We have a comprehensive client care programme to ensure that our clients’ needs are evaluated regularly. In addition to the regular feedback we receive from our clients relating to our performance, we hold regular client care meetings and endeavour to keep our clients informed of all the developments as part of our commitment to continuous quality improvement.
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CORE VALUES
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EFFECTIVENESS
We value our clients and are responsive to our client needs. We meet our deadlines without comprising value or quality. As a result, our clients can trust and rely on us to meet their needs, goals and expectations.
SATISFACTION
By providing unparalleled legal solutions to our clients’ legal problems and challenges, we satisfy our client needs. We hope that our continued emphasis on all aspects of lawfully meeting our clients’ needs will make us the touchstone upon which all other firms will be compared to in the legal profession.
ACCOUNTABILITY
We are transparent and accountable not only to our clients but also to ourselves by being continually bound by our core values. We are upfront with our clients and keep them duly informed of the status of their cases, transactions and all matters in which we represent them.
TEAMWORK
Our firm greatly values teamwork and ensures that every member of the firm is involved in meeting our clients’ needs. We allow our members and staff to be independent and responsible for their duties even as we work in concert to achieve our clients’ aims. We have created a collegial and collaborative environment that enables us to continually meet our client needs.
LEGACY
Our firm has a value system that is inculcated firm-wide and that the firm adheres to in all of its transactions. We routinely strategize together on issues and this has enabled us to achieve optimality, save clients’ time, offer appropriate legal solutions to our clients and be responsive to our client needs.
We all strive to improve our firm and our clients. We are committed to the long-term prosperity and viability of our firm and our client
KITOO & ASSOCIATES ADVOCATES
KEY EXPERIENCE The firm undertakes the perfection of bank security documentation including charges and variation of charges, mortgages, debentures, chattels, mortgages, deed of guarantees and indemnity, letters of hypothecation, pledge and set off and discharge.
The Firm has represented clients against administrative bodies on Judicial Review Applications and Constitutional Petitions challenging the infringement of their rights.
The firm has been instrumental in ensuring that the The firm handles general Agreements, Agreements for Banks they represent are afforded protection in law or Sale of Property, Loan/Facilities Agreements, Sale of otherwise and in so doing has helped in the developBusiness Agreements, Machine Sale Agreement, Tenan- ment of jurisprudence in areas such as; cy Agreement, Wills and Licenses; Transfers, Conveyances, Leases and Surrenders; Intellectual Property, Regis1. Realization of securities; tration of Trade Marks; Registration of Partnerships and 2. Banks’ rights under Hire Purchase Agreements; Business Names; Incorporation of Companies, Societies 3. Banks’ rights when served with Agency Notices; and Trusts; Powers of Attorney. 4. Effects of the amendment of the various statutes on existing and continuing liabilities under The firm has handled extremely contested customcontracts; er-banker disputes for various financial institutions and 5. Receivership, Liquidation and winding up; and more so, issues related to the exercise of the statutory 6. General legal counsel and regulatory advice for power of sale, receivership, management of customer various Institutions to enable protection and accounts vis-a-vis the interest regime queries. diligence while discharging their duties, contractual statutory or otherwise The firm has also represented the Government in matters wherein former employees who opted for early retirement have sued its parastatal for damages for alleged acts of discrimination while they were in the employment.
The firm has further represented various companies on behalf of which they have saved them from losing millions of money. Such as ; 7
Progressive Credit Limited
Sucham limited
Lavington security limited www.kitooadvocates.co.ke
AREAS OF PRACTICE The firm renders legal services in multiple legal disciplines but has specialized in following main areas:
EMPLOYMENT AND LABOUR LAW
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Our goal here is to help clients achieve good labour relations. We have the capacity to advise on all aspects of the employment relationship including minimum requirements from the Employment Act, drafting employment contracts, the procedure for termination of contracts and carrying out redundancies and on confidentiality and restraint of trade clauses in employment contracts. We have vast experience in conducting employment arbitration and litigation. We are also reputed in dealing with trade union relations and the employment aspects of mergers, takeovers and buyouts.
CONSTITUTIONAL LAW
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With a developed speciality in providing Constitutional and administrative law matters particularly in relation to the 2010 Constitution, we seek to provide the best advice on rights and fundamental freedoms based on the provisions on the Constitution and international law. We also advise and litigate on issues of Land, Citizenship, governance and protection of public interest. We currently represent various clients in prosecuting and defending constitutional references and judicial review proceedings in various courts in Kenya.
KITOO & ASSOCIATES ADVOCATES
COMMERCIAL AND CORPORATE LAW
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KAA handles wide spectra of commercial and corporate litigation. We draw our experience on the wealth of commercial expertise observed on the globalization of trade and investment, the emergence of new markets, increasing cross-border merger and acquisition activity, and the growing convergence of trade, finance and global corporate governance.
CONVEYANCE/PROPERTY LAW
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KAA has engaged various parties in the registration of titles and leases at different stages. The Partners are widely knowledgeable on the perfection and realization of securities. The Firm undertakes the drawing and registering of charges, mortgages, debentures, loan agreements and chattels for various financial institutions and ensures that its clients in any transaction are legally protected by undertaking comprehensive due diligence. In addition, the Firm handles instructions pertaining to land amalgamations, subdivision, and extension of leases and change of user. KAA acts for persons desirous in structuring joint venture real estate projects and advises on the legal aspects of the subsequent project financing.
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AREAS OF PRACTICE FAMILY LAW
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The firm has successfully taken on matters ranging from highly complex and contentious Estate management matters to general probate and administration, including the preparation of Wills and disputes in relations to the administration of estates under the Laws of Succession in Kenya. One of the firm’s most vibrant areas has been in the area of debt recoveries and security realization for our corporate clients especially banks, micro-finance institutions and companies. This area of litigation has become one of our areas of success. We endeavour to continue adopting a determined, creative and strategic approach towards our client’s litigation matters in all our areas of specialization and expertise.
BANKING AND SECURITIES LAW
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As a vibrant entity with zealous advocates, we have sought to develop a niche as a trusted advisor in all matters pertaining to banking and securities. Our areas of proficiency include asset finance, asset management, banking, finance & securities disputes, financial services regulation, general lending, leveraged finance, and real estate finance. The firm also undertakes a great deal of complex and ordinary litigation arising out of banking and finance work.
KITOO & ASSOCIATES ADVOCATES
INTELLECTUAL PROPERTY LAW
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We advise on the registration of trademarks, patents, industrial designs, assignments and licenses for a wide variety of clientele including litigation related matters. We delight ourselves in ensuring that our clients are able to gain recognition and or financial benefit from what they invent or create.
INSURANCE LAW
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Our main focus in providing advice and acting on insurable claims includes insurance coverage, insurance defence litigation, and insurance compliance. The matters we have handled involve complex issues, including disputes between insurers related to matters such as primary/excess coverage or reinsurance, and claims by the insured based on the policies.
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AREAS OF PRACTICE LEGISLATIVE DRAFTING
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Our principal role in undertaking legislative drafting contracted by either the National or devolved governments include Drafting Bills and Subsidiary Legislation. We also develop proposals, legislative review or development; coordinate research on relevant legislation and propose advice in respect of legislative drafting issues. We also draft relevant principal documents governing operations of various entities during their establishment.
ELECTION PETITIONS
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We have a vast knowledge and expertise on all matters touching on Election Laws from Party Nominations to the Conclusion of an election Process. Our Litigation Advocates have a record of prosecuting and or defending Election Petitions Countrywide in matters that arose after the 2017 General Elections
KITOO & ASSOCIATES ADVOCATES
THE TEAM An accomplished professional with about 5years of experience in the legal profession in diverse fields of law. A proven track record in Employment & Labour matters and litigation. A consummate conveyancing advocate, great organization, excellent interpersonal skills and good communication skills. Founding partner and Managing partner, Kitoo & Associates Advocates. Ms Mary Kanini Kitoo graduated with a Bachelor of Laws Degree from Catholic University of Eastern Africa, (CUEA) in the year 2012. She obtained a Postgraduate Diploma in Law at the Kenya School of Law in 2013 and was admitted as an Advocate of the High Court of Kenya in the year 2015. She is a Certified Secretary CS (K). She is also a Certified Mediator. Ms Kitoo did her professional apprenticeship with the firm of Ongicho- Ongicho Advocates in Nairobi from the year 2013 to 2014 and then moved to Kituo Cha Sheria, Mombasa Branch, upon admission in March 2015 where she worked until January 2017 and then moved on to set up the firm of Kitoo & Associates Advocates in late January 2017.
AREAS OF INTEREST + + + + +
Commercial Law, Conveyancing, Constitutional Law, Employment &Labour Insurance law, Banking, debt collection matters, Civil Litigation
QUALIFICATIONS
MARY KANINI KITOO
PARTNER
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+ + + +
Advocate High Court of Kenya – 2015 Certified Secretary Certified Mediator Commissioner for Oaths
MEMBERSHIP + + + +
Law Society of Kenya Mombasa Law Society East African Law Society Institute of Certified Secretaries (ICS-K)
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ASSOCIATES Carolyne joined the firm in January 2019 as an Associate. She is based in our branch office in Machakos. She was an Associate at the firm of Anne M. Kiusya & Co. Advocates since her admission to the bar in 2017. Carolyne has vast experience and expertise in litigation, consultancy, legislative drafting, research and arbitration. She has earned her place as an excellent researcher through vast opportunities in Electoral law, human rights law, commercial law, Public and Private International law, Land law, legislative drafting, banking law, insurance law, employment, competition, and Constitutional and governance law. Carolyne has advised a range of clients on several complex matters including Public-Private Partnerships, conveyance, constitutional law, and negotiations. She has also provided organizations with advice concerning labour laws and employee relations, contract law and has prepared numerous service level agreements. Carolyne is a respected lawyer with a bias towards Human Rights Law, Constitutional Law, Dispute Resolution and Litigation in the areas of Land Law, Employment Law, Banking and Finance; Insurance; Employment and Arbitration.
AREAS OF INTEREST + Electoral law, + Human rights law, Commercial law. + Litigation
QUALIFICATIONS + Advocate High Court of Kenya – 2017
CAROLYNE M. BOSCO
PARTNER
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MEMBERSHIP + Law society OF Kenya + South Eastern Law society + East Africa Law Society
KITOO & ASSOCIATES ADVOCATES
Christine Munasye Musyoki has been an Associate at KAA since August 2018. She was admitted to bar as an Advocate of the High Court in 2013 upon successful completion of her Advocates Training Programme at Kenya School of Law. She is a graduate of the Catholic University of Eastern Africa, Bachelor of Laws having obtained a second class Upper Division in 2010. Ms Musyoki was employed as an associate at Kiprop Cheruiyot Advocates from 2013 until 2015. She later moved to Mutisya & Associates Advocates from 2015 to 2018. Ms Musyoki has a key interest in conveyancing and commercial practice and has been instrumental in perfecting securities; registering leases and titles; and managing real estate clients. Ms Musyoki has also been engaged in legal training in various for highlighting legal issues in the public sector. She is, therefore, an adept trainer of trainers.
AREAS OF INTEREST + + + + + + +
Commercial Law, Conveyancing, Employment &Labour Public and Private International law, Land law, Legislative drafting, Banking law, Insurance law, Employment and Labour relations, Competition law, and + Constitutional and governance law
QUALIFICATIONS + Advocate High Court of Kenya – 2015 + Certified Mediator
MEMBERSHIP
CHRISTINE MUNASYE MUSYOKI
ASSOCIATE
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+ Law Society of Kenya + Mombasa Law Society + East African Law Society +
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ADMINISTRATIVE & SUPPORT ZABLON ONSOMU Zablon is a competent and qualified clerk in charge of the firm’s registry. He has experience in file management, storage and indexing among other roles. He also doubles up as the office assistant.
AGNES MUTHEE Agnes Muthee joined KAA in September 2019. she is a trained Secretary/ accountant with a vast experience having worked for several firms before joining us. She helps in ensuring compliance before filing in court, correspondences, planning the Advocates diary, maintains records and data keeping at the Machakos office for ease of management.
EVELYN NYAMBEGERA Evelyn Nyambegera is a trained administrative officer responsible for the management of the firm. She is also assists in secretarial duties.
LYDIA KERUBO Lydia Kerubo is a competent and qualified secretary who doubles up as a court clerk in charge of all matters litigation and conveyance in the firm. She has vast experience and is quite knowledgeable on all matters of court procedures. She works closely with the litigation advocates towards efficient service delivery.
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KITOO & ASSOCIATES ADVOCATES
PUPILS & INTERNS
SHEILA NGURE
CATHERINE A. OPIYO.
Sheila Ngure is a budding lawyer awaiting admission to the bar. She completed her Bachelor in Laws (LLB) from the University of Nairobi. Sheila has developed an interest in International Human Rights Law, Constitutional law, commercial law and electoral laws. She is a keen lawyer with adept legal research skills and an enthusiasm for conducting forensic legal audits.
Catherine is a promising lawyer currently awaiting admission to the bar. She completed her LLB at Moi University in 2014. She joined the firm in November 2018 and has been an active consultant in Human Rights specifically matters touching women.
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CLIENTELE KAA has worked with several individual and corporate clients since inception. The lists of corporate clients are as follow:
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Solvit Security Solutions Limited
Milly Fruits Limited
Sucham Limited
Lavington Security Limited
Travellers Beach Hotel
Amani Tiwi Hotel
Cargotec limited
Progressive Credit Limited
KITOO & ASSOCIATES ADVOCATES
OUR OFFICES Kitoo & Associates Advocates has its head office located at Social Security House, 4th Floor, suite no. 406, Nkrumah Road, Mombasa and is within the CBD. The address is ideal given its accessibility to key institutions and premises like the High Court of Kenya, banking institutions, the Office of the Attorney General, other key government offices and institutions. The Branch office is Located at Tripple M Complex, 2nd Floor, Suite B4 within a very Central place in Machakos Town which is easily accessible to The High Court of Kenya at Machakos and a central place to ease access to other Courts in Eastern Kitui, Makueni, Kajiado etc. Our office location is quite convenient and designed to increase the effectiveness in the management of legal work as well as provide serenity required to hold conducive meetings. Our office is also easily accessible to our clients. Should you require any clarification and/or additional information over and above the summary highlighted hereinabove, feel most free to contact the Principal through the provided contacts.
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www.kitooadvocates.co.ke
Social Security House, 4th Floor, Suite 406 Nkurumah Road, Mombasa P.O. Box 3325-80100 Tel: +254726560231 Email: info@kitooadvocates.co.ke Website: www.kitooadvocates.co.ke
