Dispute Resolution & Recoveries
The Firm’s Dispute Resolution & Recovery Department offers a full range of dispute resolution services in manner that ensures delivery of quality and cost effective service for its clients. The Department is headed by a Senior Partner who is assisted by a Partner, Associate Partner and a team of lawyers. The Department has 3 divisions being:
- Dispute Resolution Division;
- Public Sector Division; and
- Recoveries Division.
Dispute Resolution Division
The Dispute Resolution Division’s lawyers are among the leading practitioners in Commercial Litigation; Alternative Dispute Resolution and Mediation; and Arbitration in Kenya, the East African region and internationally.
The Firm has handled some of the most important litigations that have been handled by Kenyan courts, both at the trial and appellate levels, including the following:
- The Firm acts for KCB Bank Kenya Limited in suits filed by unionisable employees challenging decisions by the Human Resources Department of the Bank, collecting debts arising from the corporate and retail departments of the Bank with a portfolio of about KES 200,000,000.00.
- Appearance for Telecommunications Companies before the Communications Commission of Kenya in matters concerning licenses and specialized services. The Firm represented Safaricom Limited, the largest Telecom Operator in Kenya, in major cases involving its MPESA Money Transfer Service and its 3G Licenses.
- The Mugoya Construction Company Limited case wherein the Firm successfully recovered a sum of KES1.3 Billion for Kenya Commercial Bank Limited.
- Shengli Engineering Group Limited, a Chinese multinational, in various matters arising from its contract with the Government of Kenya to construct the Thika-Nairobi Highway, the most modern highway in Kenya today.
- Tax litigation for local and international companies operating in Kenya.
- Proceedings before the Public Procurement Review Board and the Appeals Board on matters arising from major public procurement contracts.
- Judicial Review and Constitutional matters, in which MMC Africa Law has distinguished itself by having represented clients in numerous high profile proceedings in High Court cases seeking writs of Judicial Review challenging arbitrary administrative actions, most notably for the Pharmaceutical, Telecommunications and Oil and Gas Industries.
- The Firm was 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 from the exercise of the client’s statutory right challenged by the borrower.
- The Firm was retained by HFC Group to defend it in a suit filed by a borrower at the High Court in a commercial dispute wherein the plaintiff is claiming for liquidated damages of KES 1,543,860,000.00 among other reliefs pleaded in the plaint.
- The Firm was retained by 22 residents of Kiserian Township in Kajiado County in a constitutional matter before a three-judge bench that delivered a novel judgment on environmental law. The Firm successfully obtained orders of Mandamus compelling the Government to construct sewage treatment works for the township.
- Advising the Statutory Manager of United Insurance Company Limited and defending it in several suits by decree holders seeking to have the moratorium by the Statutory Manager lifted.
- The Firm has been retained by SGS Kenya Limited in a matter lodged before the Public Procurement Administrative Review Board challenging the decision by a procurement entity, the 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 issued writs of mandamus directing the procurement entity to award the contract to the Firm’s client.
- Retained by Shengli Engineering Construction Group Company Limited of Shengli Oil Field against a Canadian entity Vanoil 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 USD 1,103,536.60 further to interest and costs.
- Retained by Talewa Road Construction Limited in a dispute with Kenya National Highway Authority in arbitral proceedings arising from termination of a contract.
- Training, on behalf of its clients, in compliance with new or up-dated laws and regulations; contract management; employment; procurement; and environmental protection.
The Firm currently renders debt collection services to the numerous corporate clients, among them:
- Barclays Bank of Kenya Limited;
- Safaricom Limited;
- National Housing Corporation;
- Agricultural Development Corporation;
- Gulf African Bank (K) Limited;
- Co-operative Bank of Kenya Limited;
- Engen Kenya Limited;
- Twiga Chemicals Limited;
- HFC Group; and
- Omaera Pharmaceuticals Limited.
The Division is headed by a Partner, Mr. Peter Munge, assisted by one Associate Partner and four (4) internal debt collectors. Each debt collector has a portfolio which he/she manages under close supervision and guidance of the partner-in-charge.
Debt Collection is an area of particular concern in the business world. In view of the constrains in the Court system, we set up a debt collection unit which supplements and complements our Court action against debtors. It is made up of debt collectors who are also investigators whose primary role is to pursue debtors aggressively. From our experience a sizeable number of debtors respond positively (by paying) if sufficient pressure is put on them.
Our team of debt collectors make every effort to trace debtors and identify their assets as well as establish their financial standing. This information also ensures that “hopeless” debts are identified early and not pursued thus saving the client legal costs that may be incurred in the Court process. The unit has proved particularly effective in the recovery of Credit Card debts on behalf of our Bank clients, a category of debt that is usually more problematic than most. We deliver the monies to our clients within Forty-Eight (48) hours of receiving cleared funds.