Environment and Climate Change Law,
Conveyancing, Banking Facilities, and Leasing

Githogori and Harrison advocates understand that clients seeking high-quality legal advice require advocates with an in-depth understanding of environmental laws, policy, and regulation. We are the frontiers of Environmental Law in Kenya and are well conversant with all the Laws affecting ecological law issues in Kenya. From air and water pollution, land contamination, habitat protection, and climate change to sustainability, energy efficiency, waste minimization, and use of renewables, our environmental Advocates know the importance of adequately navigating ecological issues and risk mitigation for successful business operations. Now more than ever, businesses cannot afford to ignore these issues, as non-compliance can lead to criminal liability (both corporate and individual) and significant financial and reputational issues.

Our lawyers collaborate with technical practitioners to provide comprehensive legal advice on environmental processes and risk management strategies. We have extensive experience in environmental litigation matters, government enforcement actions, regulatory interpretations, and environmental administrative civil and criminal proceedings.

Within the firm is a team of lawyers with a deep understanding of environmental law who constantly update themselves on changes in the law in this crucial area. Our expertise spans ecological compliance, management, and liability to the environmental aspects of corporate and commercial transactions. We advise on the legal aspects of energy, environmental due diligence, environmental reporting, land use, and planning and zoning.

Family Law, Adoption Matters, Children Matters, and Succession

Family is the basic social unit that is vitally important and which brings with it important legal concerns.

The Firm acts for clients in matters concerning the preparation of wills, the setting up of trusts, applications for grants of letters of administration and probate, and it also handles matrimonial matters i.e. divorce and separation and maintenance proceedings, children matters and other related proceedings at the Children’s Court and at the Kadhi’s Courts for matters relating Islamic Laws (Sharia) on succession and matrimonial matters.

The Firm is actively engaged in advocating children’s matters in the children’s court by ensuring the inherent and best interest of the child is always achieved.

The Firm also represents various clients in Local & (previously International) Adoptions. Wherein the firm Liaises with Registered Adoption Societies, the Director of Children Services, Social Workers amongst others, and successfully petitions the High Court of Kenya for Adoption orders.

Employment Law

Our lawyers have been at the forefront of employment law in the community association space from day one and learned that the most valuable commodity in any organization is its people. Our goal is to help you achieve good labor relations. Whether it be through litigation, mediation, or settlement we have provided successful strategies for our clients that meet the needs of this fact-intensive practice.

We have the capacity to advise on all aspects of the employment relationship including minimum requirements under the Employment Act, drafting senior to junior level contracts, drafting consultancy contracts, the procedure for termination of contracts, and carrying out redundancies and on confidentiality and restraint of trade clauses in employment contracts.

We can also help you to solve a wide range of labor disputes ranging from redundancies, collective actions led by unions, equal employment, and remuneration practice. We also help employers develop systems and protocols to limit its exposure and defend a condominium association employer in the event it is subject to either an enforcement action by any regulatory agency or suit by an existing or former employee.

Within the firm is a team of lawyers with a deep understanding of environmental law who constantly update themselves on changes in the law in this crucial area. Our expertise spans environmental compliance, management, and liability to the environmental aspects of corporate and commercial transactions. We give advice on the legal aspects of energy, environmental due diligence, environmental reporting, land use, and planning and zoning.

Corporate Law

Our expertise goes beyond borders and we support and advice foreign companies starting local investments as we hold our clients’ hands through complex commercial transactions by helping corporations regulate how investors, shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community, and the environment interact with one another

Our lawyers work with small and large multinational companies in the acquisition of assets, division, transfer, and disposition of assets. Transactional work, including advising on mergers and acquisitions, disposals and joint ventures where technology or brands are integral to the transaction, structure or value.

Our practice transactions, legal due diligence, joint ventures, corporate restructurings, acquisitions & mergers span various sub practice areas. We provide legal advisory services on public-private partnerships, corporate governance, regulatory compliance, company secretarial services, and commercial contracting. We aim to support our clients’ business and strategic needs across various sectors including Banking, Construction, Energy, and Natural Resources.

The Firm advises on the formation and registration of companies and business names and also carry out various administrative tasks such as annual and alteration of shareholdings, applications for P.I.Ns and VAT Certificates, Business Permits and Trade Licenses, and also offer advice on a wide range of instruments and security documentation such as debentures, charges, mortgages, chattels mortgages and guarantees.

Legal and Governance Audits

Legal audits are not only essential for businesses but are mandatory for all Public Companies and State Corporations in Kenya. Our Legal, Governance Compliance experts at the Firm have expansive experience and have undertaken Legal and Governance audits which review the status of compliance and identify any specific, deficiencies or areas of weaknesses as far as compliance with Kenya Laws, Policies and Regulations by the Board are concerned.

With every legal and Governance Audit we conduct we ;

1. Identify the extent of the Board’s compliance with the relevant laws, policies, and laws of Kenya relating to labor, occupational health, and safety, tax, finance, procurement, corporate governance. and processes including, but not limited to, the Constitution of Kenya 2010, Vision 2030 BluePrint, among others
2. Produce an audit report indicating the level of compliance and the gaps identified that require interventions.
3. Propose mechanisms of enhancing compliance in order to address the identified compliance gaps especially through benchmarking with other regulatory Board’s proven working strategies; and
4. Develop a compliance implementation framework that will ensure all

regulatory and reporting requirements are met and that is in line with best practices and in agreement with the Board’s Strategic Plan and overall mandate.

Intellectual Property Law

Trademark, Copyrights, and Intellectual Property Rights registrations. The firm has an established intellectual property practice to handle trademarks and patent application procedures. This area involves the protection of trademarks, service marks, patents, designs, copyright law, passing off, geographical indications, and enforcement of intellectual property right in matters involving intellectual property rights infringement, violations, and licensing. We pride ourselves in blending experience with dynamism and as such have employed some of the most enthusiastic, pragmatic, and intelligent lawyers to meet the varied needs of our clients.

We advise on the registration of trademarks, patents, industrial designs, assignments, and registered user agreements (licenses) for numerous multinational and local clients. We also represent clients in opposition proceedings and IP-related litigation. We also prosecute and litigate IP matters and assist our clients in protecting their IPRs from infringement, counterfeiting, misappropriation, and unfair competition. Regularly advise clients on all aspects of the creation, exploitation, and enforcement of intellectual property rights in Africa’s rapidly growing domestic and regional markets.

Our lawyers are well versed in:

1. Advising on enforcement of anti-counterfeiting measures and brand protection at domestic and regional levels.
2. Drafting IP-related agreements including trademark licensing, distribution agreements, sponsorship agreements, and franchising deals.
3. Litigation relating to trademarks, passing off, and copyright claims.  Our experience encompasses multi-jurisdictional and domestic disputes at every level including proceedings in Magistrates Courts, High Courts, and Courts of Appeal.
4. Trademark filings, renewals, and assignments domestically and regionally.

Our firm offers various IPR & ICT related services such as registration of trademarks, patents, utility models, industrial designs and copyright, renewal, and recording of assignments and licenses of IPRs, drafting license agreements and deeds of assignment, film, television, and music production agreements, IP audits and due diligence.

Policy Legislative Drafting

The Firm’s lawyers have drafted and commented on primary and subordinate legislation and assisted clients about making submissions on this legislation as it passes through the legislative making process.

We work closely with policymaking institutions, government departments, legislators, regulatory authorities, and other stakeholders to draft and advocate legislation in the public finance, energy, and infrastructure sectors.

Our support to clients includes conducting unique and quality research and analyses locally while incorporating international best practices for each specific sector, thereby ensuring that our drafting and review of current and proposed policies and legislation can withstand public scrutiny.

GHA is one of only a handful of law firms to offer such a pool of expertise with an established and dedicated practice. We regularly assist our clients in analyzing proposed legislation to keep them informed of the potential changes and how they may impact their operations.

Government entities regularly consult us in respect of:-

1. the drafting of new laws or subsidiary legislation.
2. Amendments to existing laws, regulations, rules, policies, and resolutions;
3. The redrafting of bills that have been drafted in the English language to conform to the legislative structure in the relevant jurisdiction.
4. Carrying out a gap analysis to determine what is missing or could be improved in the existing legislation.
5. We are performing a benchmarking exercise to see what is done in other countries, determining any relevant international obligations to be met.
6. We consult with all stakeholders to ensure that the full spectrum of concerns is understood and dealt with.
7. Advice on local legislation and policy issues.

Our support to clients includes conducting unique and quality research and analyses locally while incorporating international best practices for each specific sector, thereby ensuring that our drafting and review of the current or proposed policies and legislation can withstand public scrutiny.

We assist our clients in promoting policy change, contributing to draft legislation, and managing the regulatory risk that could affect their businesses. We have contributed to the development and drafting of a significant number of legislation in Kenya by offering legal advice and support to the policymaking institutions. We also perform comparative analyses with related or similar local and international regulations to render comprehensive input in drafting legislation.

Energy law

With wide commercial-scale discoveries in oil and minerals in Kenya, the energy sector has expanded rapidly. Large-scale infrastructure projects have solidified the sector with an eye to boosting domestic and foreign export.

Natural resources play a very crucial part in the economic development of a nation. The better an economy makes use of its resources, the better it can compete on the world’s stage. Our firm is passionate about the sustainable use of natural resources for the betterment of society at large.

We offer advice to our clients on negotiation of benefit-sharing agreements and concessions, negotiating and drafting of commercial exploration and extraction contracts, natural resources regulatory compliance, acquisition, and ownership of various rights, as well as litigation in the field of energy, petroleum, and mineral law.

We have a niche practice in advising our clients on energy and natural resources law and sustainable development. The Firm has broadened its corporate law services to benefit state utilities in the energy sector The Firm advises a broad range of clients on regulatory compliance, enforcement actions, and civil litigation in all aspects of energy and natural resources law.

Debt Collection & Security Enforcement

The Firm is regularly engaged in debt collection proceedings and repossessions and closely liaises with auctioneers, valuers, process Servers, private investigators, and other court officers and bailiffs who provide assistance in debt recovery.

Our polite persuasive, persistent but professional approach produces better debt recovery results than traditional strong armed-tactics. We subscribe to the ethical standards in debt collection and comprehend that debt collection is part of a continuing relationship between client and debtor.

Our firm makes the collection process as easy and predictable as possible. We provide all the guidance and information an association needs to act in a timely manner and ensure that all delinquent common expenses are recovered. Special attention is laid to the case study, evaluation, and assessment, establishing communication. We are not tied down to a particular method, whilst rendering with professionalism and care.

Arbitration

Our firm is also committed to providing clients with practical and cost-effective solutions to their disputes through various means apart from litigation. We provide first-rate and pragmatic legal advice in domestic arbitration proceedings. Our team is experienced in representing parties in arbitration proceedings in all commercial sectors including financial services, transportation disputes, oil and gas, hospitality, and energy. Our lawyers have an excellent understanding of the arbitration proceedings before various forums and will guide you through the entire process including the recognition and enforcement of the arbitral award.

Constitutional and Administrative Law

We have expertise in constitutional and administrative law matters under the Constitution, Fair Administrative Action Act, and other relevant statutes. In this respect, the firm has advised on constitutional provisions on the Bill of Rights, Elections, Land, Citizenship, Devolved Government, and Public Finance. The firm is currently representing various clients in prosecuting and defending constitutional references and judicial review proceedings. policy and legislative drafting