Litigation and Dispute Resolution

Supreme Court Advisory Opinion, Reference No.3 of 2019, Council of Governors & 47 Others v Attorney General & 6 Others. We acted for the Law Society of Kenya, the amicus curiae, in the Application. The Law Society of Kenya submitted that the National Assembly cannot pass Appropriation Act for the National Government before enacting the Division of Revenue Bill. The Supreme Cout accepted this argument and ruled as such. Futher, the Supreme Cout ruled that counties are entitled to access up to 50% of revenue allocated under the previous financial year’s Division of Revenue Act in the case of an impasse in any new financial year.

Anti-Corruption Case No. 48 of 2018, Republic v Simeon Ole Kirgotty & 20 Others. We acted for Web Tribe Limited t/a JamboPay, being the 19th, 20th and 21st Accused Persons to defend the charge of fraudulent acquisition of public propety to wit Kenya Shillings One Billion One Hundred and Three Million, Sixty Thousand Eight Hundred and Fifty Three and Eighty Nine Cents (Kshs. 1,103,060,853.89). The case against our client is set to be terminated and withdrawn, following an out of cout settlement recorded in the Judicial Review/ ACEC Misc. Case No. 3 of 2019 Republic -v- Director of Public Prosecutions & 3 Others Ex Pate Danson Muchemi Njunji & 2 Others in which our client sought orders from the High Cout to quash the anti-corruption charges.

Nairobi Cout of Appeal Election Petition No. 26 of 2018, Hon. Dr. Julius Makau Malombe v IEBC & 2 Others. We acted for the Appellant, H.E. Governor Julius Malombe who appealed the High Cout Judgment upholding the election of H.E. Governor Charity Ngilu of Kitui County.

Nairobi Petition No. 369 of 2019, Adrian Kamotho Njenga & 3 Others v Judicial Service Commission &
4 Others. We acted for the Law Society of Kenya in which the LSK supported the Petition seeking to
compel the HE President Uhuru Kenyatta to appoint the 41 judges nominated by the Judicial Service
Commission. The court agreed with LSK and held that by failing to appoint the judges, the President
had failed in his constitutional duty to appoint judges duly nominated by the JSC.

Nairobi Petition No. 123 of 2020, HE Anne Mumbi Waiguru v The County Assembly of Kirinyaga & Another.
We acted as co-counsel for the Petitioner who challenged the decision by the Speaker of the County Assembly of Kirinyaga to reconvene the Assembly in the middle of COVID-19 pandemic. The matter is pending hearing. Nairobi Petition No. 119 of 2020, Hon. Maureen Muthoni Mwangi & 3 Another v The Speaker County Assembly of Kirinyaga & Another. We acted for the Petitioners who challenged the decision by the Speaker of the County Assembly of Kirinyaga to consider an impeachment Motion relating to the Petitioner. The court granted conservatory orders halting the purported impeachment. The matter is pending hearing.

Muranga Msc. App. No. 1 of 2019, Hon. Eric Kamande & 2 others Ex Parte Hon. Lilian Kabaya & 5 others. We acted for the Applicants who challenged the decision by the Leader of Majority, Muranga County Assembly to remove them from Assembly Committees without due process. The court granted conservatory orders halting the purported impeachment. The matter is pending hearing.

Misc. Criminal Application No. 3675 of 2018 Republic (Directorate of Criminal Investigations – Serious Crimes Unit -v- Web Tribe Company Limited t/a JamboPay & 3 Others. We acted for Web Tribe Limited who sought to vary the ex parte orders obtained by the DCI from the Chief Magistrate’s Court on 1st October 2018 to conduct a search and seize documents in respect to the contract for provision of Integrated Revenue Collection Services (Tender No. NHIF/018/2013-2014, and on-going contract for System Purchase for Provision of an Integrated Revenue Management System (RFP/SSSM No. NHIF/001/2017-2018). The orders were varied.

Misc. Criminal Application No. 3675 of 2018 Republic (Muthaiga Police Station -V- Danson Muchemi & 2 Others. We acted for Web Tribe Limited who sought to vary the ex parte Orders obtained by the DPP from the Chief Magistrate, Anti-Corruption Court at Milimani Law Courts directing Web Tribe Limited not to interfere with the Integrated Revenue Collection Management System, and to continue rendering revenue collection services under the on-going contract for System Purchase for Provision of an Integrated Revenue Management System. The orders were varied.

Misc. Criminal Application No. 4808 of 2019. We acted for Web Tribe Limited who sought to vary the ex parte orders obtained by the Asset Recovery Agencydirecting the Co-operative Bank to restrict withdrawals from the JamboPay Directors accounts. This order is still active and may have to be reviewed or set aside depending on the changing circumstances.

Judicial Review/ ACEC Misc. Case No. 3 of 2019 Republic -v- Director of Public Prosecutions & 3 Others Ex Parte Danson Muchemi Niunji & 2 Others. We acted for Web Tribe Limited who sought to quash anticorruption charges in respect to the case in the Milimani Chief Magistrate’s Court, Anti-Corruption Case No.48 of 2018. The matter was marked as settled following an out of court agreement between the parties.

Constitutional Petition No. 5 of 2019 Web Tribe Ltd -v- Director of Public Prosecutions & 3 Others. We acted for Web Tribe Limited who sought orders from the High Court to prohibit the DPP and/or the DCI from seizing, carrying away and/or interfering with the servers containing the Information and Technology (IT) System for the provision of integrated revenue collection services and integrated technical and software services, being the intellectual property of the company. The matter was marked as settled following an out of court agreement between the parties.

Judicial Review/ Misc. Application No. 368 of 2016 Republic -v- County Government of Nairobi & Another Ex Kegoya Estate. We acted for Web Tribe Limited who filed a preliminary objection in the Petition by the residents of Kegoya Estate who sought orders from the High Court to compel Nairobi City County Government to deposit the funds And revenue collected by the county government and held on its behalf in the JamboPay trust account. The court agreed with our client’s grounds of opposition that they were wrongly joined in the Petition, and directed that they be excluded from the case.

Constitutional Petition 463 of 2018 Henry Namiti Shitanda & Another -v- Danson Muchemi & 2 Others. We acted for Web Tribe Limited who opposed the orders sought by Bunge La Mwanainchi seeking to restrain Web Tribe Ltd t/a JamboPay from providing revenue collection services to Nairobi City County Government until the servers have been transferred to Nairobi City County. The Petition was dismissed with costs.

Nairobi High Court Petition No. 607 of 2017, Nelson Havi v. Law Society of Kenya & 3 Others. We acted for the Law Society of Kenya who sought to defend its decision to exclude the Petitioner from participating in the LSK Council Elections for President for reason that the Petitioner was not qualified to run for the Office of President of the Law Society of Kenya. The court agreed with the LSK and dismissed the Petition.

Nairobi High Court Petition No. 404 of 2017, Kenya Human Rights Commission v. NGO Coordination Board. We acted for the Law Society of Kenya (LSK) who sought to support the case by the Petitioner as an Interested Party in the Petition challenging the cancelation of registration of Kenya Human Rights Commission (KHRC). LSK argued that the NGO Coordination Board’s action of arbitrary cancellation of KHRC’s registration was unconstitutional and therefore null and void abinitio, an urged the Court to grant the consequential orders sought by the Petitioner. The court agreed with the LSK and allowed the Petition.

Nairobi High Court Petition No. 397 of 2017, CREAW & Another v. The Speaker National Assembly & 2others. we acted for the Petitioners who sought orders declaratory orders that Parliament’s composition offends the constitution for failing to comply with the law on composition that requires the implementation of the two-thirds gender principle in the National Assembly and Senate. The case is pending hearing.

Nairobi High Court Petition, NGEC V. IEBC. We acted for the Interested Parties, CREAW & CRAWN TRUST who supported the Petition seeking orders to declare that the Political Party Lists for Special Seats for Parliament and County Assemblies is null and void for noncompliance with the law on nomination. The Petition failed.