Peter specialises in legal due diligence and prosecution of matters with special emphasis on commercial litigation matters, labour disputes, public procurement disputes and those relating to alternative dispute resolutions. He has acted for KCB Bank Kenya Limited in a landmark suit filed by unionisable employees challenging decisions by the Human Resources Department of the Bank. He has been retained as the Legal Consultant by the Medical Practitioners and Dentists Board and undertakes legislative advisory role on behalf of the Board.
Areas of Specialisation
- Commercial litigation
- Employment and labour relation disputes
- Medical-legal disputes
- Advisory on succession planning and disputes
- Public sector training and advisory work
Medical legal work, training and advisory work
- Appointed as an ex-official member of the Kenya Medical Practitioners and Dentists Board and the legal advisor for the said Board. Also participated as a member of the Committee that reviewed and drafted the 6th Edition of the Code of Professional Conduct and Discipline for medical and dental practitioners in Kenya. Further, attends various training sessions for medical practitioners to present on professional ethics and ethical conduct as provided by the Code of Professional Conduct and Discipline.
- Attending and participating in the Committee drafting and reviewing the Kenya National Patients’ Rights Charter, 2013.
- Attending and participating in the Committee drafting and reviewing the Medical Practitioners and Dentists Act, Chapter 253 of the Laws of Kenya.
- Attending and participating in the Committee drafting and reviewing the Medical Practitioners and Dentists (Disciplinary Proceedings) (Procedure) Rules 2013 that were gazetted on 20th December 2013.
- Preparation, prosecution and defending of matters, claims and all disputes arising from a predominantly corporate clientele in the Subordinate courts, High Court and Court of Appeal.
- Retained by Shengli Engineering Construction Group Co. Ltd of Shengli Oil Field against a Canadian entity, Vanol Energy Limited, in a dispute arising from a contract relating to the provision of equipment and training of personnel for construction and digging of an oil well in Mogagashe wherein the Firm successfully prosecuted the claim and obtained an award in favour of Shengli for USD1,103,536.60 further to interest and cost.
- Retained by HFC Group to take over conduct of a suit before the High Court and to eventually lodge an appeal before the Court of Appeal in a claim by a Borrower wherein the subject matter is an award of KES 722,581,646.00 arising for exercise of the client’s statutory right that was challenged by the Chargor.
- Retained by HFC Group Plc to defend it in a suit filed by a Borrower, George Gikubu Mbuthia, at the High Court in a commercial dispute wherein the Plaintiff is claiming is a liquidated claim for KES 1,543,860,000/=, among other reliefs pleaded in the plaint, wherein the suit was stayed on successfully application for security of costs and an appeal of the stay orders is pending at the Court of Appeal.
- Retained by 22 residents of Kiserian Township in Kajiado County in a Constitutional matter before a Three (3) Judge bench that delivered a novel on environmental Law. The Firm successfully obtained orders of Mandamus compelling the Government to construct sewage treatment works for the township. The suit arose from criminal proceeding initiated by the labour officers against the residents of Kiserian and as a consequence of the decision of the Constitutional Court the pending criminal cases were terminated.
- Acts for KCB Bank Kenya Limited in suits filed by unionisable employees challenging decisions by the Human Resources Department of the Bank.
- Acted for KCB Bank Kenya Limited in collecting debts arising from both secured and unsecured matters from the corporate and retail departments of the Bank with a portfolio of about KES 200,000,000.00.
- Advising the Statutory Manger of United Insurance Company Ltd and defending it in several suits by decree holders seeking to have the moratorium by Statutory Manager lifted.
Public Procurement/ Procurement disputes
- Retained by SGS Kenya Limited in a matter lodged before the Public Procurement Administrative Review Board challenging the decision by a Procurement Entity, Energy Regulatory Commission, to terminate the procurement process wherein the Tender Committee had recommended award of the contract to the Client. The Tribunal dismissed the appeal but the Firm successfully challenged the said decision at the High Court wherein the Court issues writs of mandamus directing the Procurement Entity to award the contract to the Firm’s client.
- Retained by National Oil Corporation of Kenya in a construction dispute arising from termination of a contract that is before an Arbitral Tribunal wherein the Claimant is seeking damages of KES 148,636,801/=, further to other reliefs.
- Retained by Talewa Road Construction Limited in a dispute with Kenya National Highway Authority in arbitral proceedings arising from termination of a contract.
Countries of Work Experience
- Certificate in Leadership in Law Firms, Harvard Law School, 2017
- ACIArb, Chartered Institute of Arbitrators, 2010.
- Diploma in Law, Kenya School of Law, 1999.
- LLB. (First class Hons.), Marathwada University, India, 1996.
- BSL, (First class Hons.), Marathwada University, India, 1994.
- Legal500 in 2019 lauded Peter as an “especially experienced practitioner” in Dispute Resolution.