Our ARea of expertise

Our Team at C.Mputhia Company Advocates is experienced in a multitude of practice areas globally with 25 years of cumulative experience.

Services Offered

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Corporate Governance

We offer corporate governance and corporate finance to businesses of all sizes. Our services are designed to ensure that your business complies with the law while reducing the risk of non-compliance. We offer the following corporate governance services:

a) Board advisory services
b) Directorship services
c) Organization structure
d) Legal due diligence
e) Statutory compliance and filings
Corporate finance: We offer legal transactional services in the following:
a) Equity financing
b) Hybrid financing
c) Equipment leasing
d) Capital markets
e) Over-the-counter transactions
f) Private equity
g) Grant funding
h) Venture capital

  1. Reviewed financial documents for a Belgium company to advice on compliance with Kenyan law.
  2. Proposed sale of 60% equity by a Kenyan media company to a Dubai publishing enterprise. We prepared the company for due diligence and worked closely with the financial advisors in structuring the acquisition.
  3. Proposed joint venture between a software company and a private equity company. The software company sought equity financing for several of its software projects.
  4. We acted for an investor who acquired a stake in a fintech company.
  5. Shareholder activism and enforcement of shareholder rights for several companies.
  6. Winding up of an investment company.
  7. Formation of a subsidiary and transfer of assets.
  8. Amalgamation of various companies owned by a Japan-based investor.
  9. Sale of a tea-growing company in Kericho.

Family

Our family package goes beyond the courtroom to provide for the legal needs of families. These range from before marriage to strategic advice.

Family:
a) Property pre-nuptial agreements
b) Child maintenance, adoption, and guardianship
Family-owned enterprises:
a) Incorporation
b) Transfer and acquisition of assets
c) Management and succession planning
d) Corporate governance
e) Training
f) High Net-worth Individuals
g) Family office
Succession:
a) Wills
b) Probate:- testate and intestate
c) Litigation

  1. Acted for several applicants in guardianship applications.
  2. Acted for several applications on child maintenance custody issues.
  3. Drafted wills and trusts.
  4. Formation of family-owned enterprises.
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Employment

We offer employment, labour, and human resources in the following areas:

a) Talent management and retaining. Including recruiting, employment contracts
b) Human resource policies including disciplinary policies, non-discrimination, computer policies, grievance policies, and other organizational policies.
c) Training of human resource personnel on legal issues
d) Corporate succession planning
e) Retirement benefits
f) Staff motivation including staff mortgage schemes and employee SACCOS
g) Dispute resolution including mediation and conflict management.
h) Litigation and court matters

  1. Reviewed human resources affiliated policies for several organizations.
  2. Several labor related disputes including one that set precedent in work place defamation.
  3. Advisory impact of COVID-19 on employment contracts for an NGO.
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Dispute Resolution

We offer dispute resolution services that are best suited to the client’s objectives. Our approach is to prevent conflict, manage conflict, negotiate through the conflict, mediate, arbitrate and as a last resort litigate. The advantage of this approach is that it saves relationships, saves time and money. We therefore offer:

Conflict management:
a) Drafting conflict management policies
b) Training in conflict management
c) Negotiating for a win-win settlement
Mediation:
a) Mediating disputes
b) Training in mediation
c) Court annexed mediation
Arbitration:
a) Representation at arbitration proceedings
b) Drafting arbitration clauses and agreements
Litigation:
a) Magistrate, High Court, Court of Appeal, and Supreme Court levels
b) Litigation at all divisions of courts. Children courts, Family division, Environment, and Labor, Constitutional, Commercial, and others
c) Execution of decrees and judgments.

  1. In conjunction with a UK law firm, advised on the applicable Kenyan law pertaining to evidentiary matters in an international arbitration governed by ICC laws.
  2. Act on several dispute resolution cases of an airline at the court and NCAART.
  3. Mediated a child custody and maintenance dispute.
  4. Mediated a succession dispute.
  5. Arbitration of an intellectual property dispute.
  6. Constitutional petition on right to information.
  7. General damages for workplace defamation.
  8. General damages for intellectual property rights infringement.
  9. Judicial review on the citizenship application.
  10. Several cases on commercial law, labor, wrongful termination, permanent injunctions, and others.

Policy and Legislation

The external market changes very fast necessitating a change in laws. New laws are needed to respond to the changes and fill the gaps. Similarly, some laws need to be repealed as they serve as a bottleneck to the ever changing business environment. We therefore offer policy and legislative advice in the following areas:

a) Drafting legislation and laws
b) Drafting policies
c) Public participation on behalf of groups and individuals
d) Petitioning parliament for legislative changes
e) Lobbying and activism.

  1. Training Frolics Children Rescue Center workers on children’s act.
  2. Nairobi county policies public participation and constitutional petitions as an interested party.
  3. Drafted legislation kingdom Eswatini.
  4. Policy legislative reforms intellectual property laws in EAC.
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IP and ICT

We offer technology and innovation solutions in the following areas:

Intellectual Property Rights:
a) Registrations of intellectual property rights these include copyrights, trademarks, utility models, and patents
b) Commercialization of intellectual property rights: – licensing, sale, rentals, and corporate finance
c) Enforcement of intellectual property rights
d) Litigation
e) Policy and strategy
ICT:
a) Data privacy and protection regulations compliance
b) Contractual: – software develop
c) Policy and legislation
d) Emerging technologies
e) Artificial intelligence

  1. Advised an NGO based in New York on child online safe guard policy.
  2. Lead consultant in drafting copyright regulations and collective management organization laws for Kingdom of Eswatini.
  3. Lead consultant in harmonization of intellectual property laws in the E.A.C, Kenya, Uganda, Tanzania, Rwanda, Burundi and South Sudan.
  4. Lead counsel in a technovation claim claim against an employer. The case is the first of its king globally.
  5. Represented a software development in a website infringement claim.
  6. Patent for a mechanical engineering system.
  7. Patent of a digital classroom and equipment.
  8. Represented a singer in a copyright claim and claim on image rights.
  9. Acted for two individuals in image rights whereby their photographs were wrongfully used in an advertising campaign without their authority.
  10. Data protection consultancy for a software company.
  11. Utility model for a shopping cart system.
  12. Routine registration of trademarks and copyrights.
  13. Review and drafting of several software and computer agreements.
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Social Welfare

Some issues impact the quality of life. We offer this service to individuals packaged as social welfare law. These include:

a) Enforcement of Bill of rights. Right to life, health, economic rights, and others
b) Consumer rights
c) Public interest litigation
d) Citizenship and Immigration
e) Health law consultancy

  1. Citizenship application.
  2. Consumer activism.
  3. Public interest litigation.
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Science and Technology

Science and technology are continually evolving as we are in the knowledge age. However, the law does not change as fast as the changes in science and technology leaving a gap in terms of legislation. The external changes in science and technology additionally create a demand for innovative legal services as a response to some of the legal needs created by these changes. We offer the following services:

Consultancy on:
a) Protection of intellectual property rights
b) Human rights and ethics
c) Policy and legislation
d) Enforcement of intellectual property rights
e) Artificial intelligence, data protection, and emerging laws

  1. Legal opinion on ethics and human rights issues in the usage of artificial intelligence in the security industry.
  2. Advisory on data protection laws.
  3. Advisory on GDPR and machine learning systems.
  4. Advisory on climate change.

SME

Our IPROPEX department, a fully-fledged company offers these services to SMEs, entrepreneurs, and innovators whose needs are unique. Not only do we offer legal services, but we offer tailor-made legal packages for SMEs, entrepreneurs, and innovators to access quality advice. We offer training, mentorship, corporate finance advisory, market linkage, and commercialization to businesses falling in this category.
SME.

SME:
a) Incorporation and business associations
b) Statutory compliance
c) Corporate governance and finance
d) Corporate growth
e) Legal advisory
f) Directorship
Entrepreneurship:
a) Training and mentorship: – corporate governance, intellectual property, and legal risk management
b) Legal advisory
c) Strategic planning and management
Innovation:
a) Policy and legislation
b) Strategy
c) Advisory
d) Consultancy

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Land

We deal with all aspects of property and land law transactions that include but are not limited to the following:

a) Sales

b) Purchases and other transfers
c) Legal aspects of rental property and landlord-tenant contracts and rights
d) Obtaining Title for Real Estate Properties
e) Property Development
f) Finance
g) Leases
h) Banking Securities.

  1. Property management of a housing unit in Kiserian for 40 units.
  2. Property and legal advisory for an estate in Muthaiga of 52 townhouses.
  3. Property and legal advisory for a family-owned enterprise.
  4. Routine conveyances and registrations.
  5. Revocation of title deeds obtained fraudulently. We acted for the land owner who had been fraudulently dispossessed of her title. We were successful in having the court revoke the fraudulent title deed and got orders for a new title to be issued in correct ownership.
  6. Land resettlement and compulsory acquisition of land advisory on infrastructure projects.
  7. Litigating a land grabbing and trespass case of about 50 acres of prime land.
  8. Tenancy disputes and enforcement of landlord rights.
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Environment

We provide legal advice to corporate clients on the social, political, and economic impacts of environmental issues at both national and international levels.

  1. Legal advisor in several infrastructure projects on environmental issues. Some projects include the Maara dam, the Thwake project, building of Konza city offices.
  2. Legal advisor for a resident areas association on environmental issues. These include advisory on the draft Nairobi City County Development Control Policy.
  3. Legal advisor to a manufacturing company on waste management.
  4. Representing a manufacturing company in public participation on environmental issues.
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Natural Resources

We are at the forefront in responding to legal queries from both national and international companies, in relation to property law, mineral rights, and lateral and subjacent support.

  1. Legal advisor in several dam projects.
  2. Legal advisor for a proposed wind energy project.

Opening Hours is from
Monday  –  Friday

8:00 a.m – 5:00 p.m

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Contact Us

Karen Square 3rd Floor,

Karen Shopping Center, Karen Close

P.O Box 67693-00200 NRB

Tel: +254736809517 ,+254(02)02001236

Email:
cmputhia@cmputhiadvocates.com
         
info@cmputhiadvocates.com

 

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