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Brian Otieno and Company Advocates is a full service law firm with offices in Nairobi and Mombasa offering bespoke legal service by blending expertise with deep local knowledge
The team is well equipped to handle litigation matters of complex nature in and out of country. We strive to provide our clients with the best legal solutions to settle issues and disputes.
Our aim is to ensure that our clients reach a favorable settlement
Pre-litigation affairs
a) Drafting and sending demand letters;
b) Resolving disputes through negotiation, preparing settlement agreements
c) Filing for property preservation orders.
Litigation includes: Contract Disputes, Trade Disputes, Corporate Disputes, Financial Disputes, IP Disputes, Customs Disputes, Construction Disputes, Maritime Disputes, Product Liability, Torts, Tax Disputes, Family Disputes, Criminal Defense, Environmental and Mining Law etc.
Our labor, employment, and Occupational Health and Safety lawyers represent clients in all employment-related matters, from policy development to defending against claims.
We support clients throughout the employment life cycle and handle pension schemes, being empaneled by the Retirement Benefits Authority (R.B.A).
County Governments:
Advise on HR frameworks and resolve employment disputes.
Represent and develop human resource frameworks for various counties.
Trade Unions:
Represent in class actions, industrial actions, and collective bargaining agreements.
Successfully litigate employment disputes and achieve amicable resolutions.
Pension Matters:
Expertise in representing both pension schemes and pensioners at the Retirement Benefits Tribunal.
Our experienced lawyers have a proven track record in magistrate and superior courts, protecting clients’ rights throughout the criminal justice process. We defend against misdemeanors and felonies, offering tailored strategies for each case. We also handle post-conviction matters like appeals and probation hearings. At Brian Otieno and Company Advocates, we prioritize communication, ensuring clients are informed and supported at every stage.
Pension law governs the creation, operation, and management of retirement benefit plans to ensure financial security for retirees and disabled individuals. It covers:
1. Plan Design and Documentation: Regulations on plan types, required benefits, and amendment procedures.
2. Fiduciary Duties: Standards for fiduciaries managing plans and remedies for breaches.
3. Funding and Taxation: Rules on contributions, tax treatment, and limits.
4. Plan Administration: Legal requirements for benefit distribution, participant communication, and handling claims.
At Brian Otieno & Company Advocates, we advise and represent pension schemes in litigation, ensuring compliance with the Retirement Benefits Act. We successfully challenged the constitutionality of the County Governments Retirement Scheme Act, 2019.
Arbitration and mediation are increasingly popular for resolving commercial and family disputes due to their flexible and confidential nature. Recognizing the high costs and time involved in litigation, our skilled negotiators and mediators provide efficient and effective Alternative Dispute Resolution methods.
We handle domestic and international arbitration for various disputes, including commercial, construction, and employment, and are well-versed in major arbitration institutions’ rules. Our robust mediation practice assists in all dispute types, offering creative, tailored solutions in a neutral and confidential environment. We are dedicated to finding efficient resolutions that meet clients’ specific needs and goals.
Divorce disputes often involve asset division and child custody, sometimes requiring court litigation. We have successfully helped clients with negotiation and litigation to protect their legal rights. Our team also handles wills, estate management, and succession matters, both testate and intestate.
At Brian Otieno & Company Advocates, we understand the emotional nature of family and succession issues. Our experienced lawyers provide compassionate and effective legal guidance for planning the future, managing disputes, and protecting assets.
Our services include:
Estate Planning & Management: Developing comprehensive plans for asset management and distribution, including wills, trusts, and powers of attorney.
Probate and Estate Administration: Assisting with settling estates, identifying and valuing assets, and filing estate tax returns.
Family Law: Handling divorce, child custody, support, spousal support, and adoption, ensuring fair and equitable outcomes.
Mediation and Dispute Resolution: Offering alternative dispute resolution methods, including mediation, to find amicable solutions and minimize litigation’s emotional and financial toll.
We prioritize building strong client relationships, listening to concerns, answering questions, and providing information for informed decisions. Contact us to schedule a consultation and learn how we can help you and your family.
At Brian Otieno & Company Advocates, we assist clients in promoting policy change, contributing to draft legislation, and managing regulatory risks. We support policy-making institutions and government departments, conduct gap analyses, and inform clients about potential legislative changes and impacts on their operations.
At Brian Otieno & Company Advocates, we appreciate the importance of Intellectual Property (IP) rights and help clients develop, register, protect, and enforce them. We offer services in trademark and patent registration, patent preparation and prosecution, trademark and copyright counseling, portfolio management, licensing, technology transfer, and corporate IP issues.
As a full-service IP law firm, our experienced lawyers provide top-tier legal representation across all IP areas, including patents, trademarks, copyrights, and trade secrets. We protect and enforce IP rights, understanding their value to companies. Our patent practice includes application preparation, patentability searches, and litigation support across various technical fields. Our trademark and copyright practice covers brand protection, registration, opposition, and infringement litigation.
We tailor strategies to meet each client’s unique needs, providing exceptional service and striving to build long-term, trust-based relationships. Contact us to support your IP needs.
Our aviation litigators offer comprehensive legal services, including commercial, regulatory, and insurance advice for global and Kenyan airlines and financiers. We specialize in aircraft leasing, financing, insolvency, restructuring, emission trading rules, and aircraft accidents. Our services include bid document preparation, lease document preparation, economic regulation advice, compliance, air traffic rights, and transactional support.
We have extensive experience and a proven track record in development projects, land transfers, and land law regulations. Our team has represented foreign real estate companies in financing, developing, and selling executive residential units. We have worked with over forty developers on land purchases for projects, resulting in developments like Parry West Apartments, Diamond Homes Apartments, Heartland Homes Apartments, Ndemi Gardens Apartments, Kaisa Gardens Apartments, City Oasis Apartments, Gatundu Heights Apartments, Urban Oasis Apartments, Sky city Dwellers Apartments, Mideya Gardens Apartments and Gold Park Homes Apartments just to mention a few.
We assist our clients to conduct Environmental Impact Assessments, acquire necessary approvals, and handle lease renewals. Additionally, we advise clients on land sales and purchases, financing, and property disputes. Further to that we assist clients in acquiring County Governments approvals, Change of user, NCA and NEMA licenses as well as extension and renewal of leases
Our commercial and corporate team specializes in drafting, negotiating, and analyzing commercial agreements and contracts. We assist with business formation, structuring, corporate governance, mergers, acquisitions, litigation, arbitration, and insolvency. We’ve advised corporate giants on transactions and mergers, aiming to help businesses achieve their goals cost-effectively. We also handle the registration of various business entities.
Our experienced lawyers provide practical legal advice to companies of all sizes, from startups to multinationals. We stay current on legal developments and have deep expertise in corporate and commercial law. Our corporate practice includes entity formation, governance, mergers, and acquisitions, both domestic and cross-border. Our commercial practice covers contract drafting, negotiation, and a wide range of commercial issues, including IP, employment law, and compliance.
At Brian Otieno & Company Advocates, we tailor our services to each client’s unique needs, striving to build long-term relationships based on trust, integrity, and results.
Banking and finance are vital to every economy, facilitating business growth and investment. We offer legal services to international and local banks, financial firms, and insurance companies.
Our expertise in international banking and financial law allows us to provide cutting-edge and tailored solutions. We handle borrowing, lending, bills of exchange, and foreign exchanges. Our experienced team advises on complex financial cases, corporate finance, banking regulations, securities, and capital markets.
We ensure compliance with capital adequacy, liquidity, and risk management standards. Our successful track record includes negotiating complex transactions and offering strategic advice. We stay current with industry developments to provide the most relevant legal advice.
We have significant experience representing private equity funds in connection with their investments, whether in the form of buyouts (leveraged, management-led or otherwise), majority investments, minority investments, joint ventures or other structures.
We incorporate sophisticated tax experience in helping our clients structure the initial investment, conduct legal and business due diligence, and draft and negotiate definitive investment and financing documents. We regularly represent clients in leveraged transactions and deploy integrated teams of private equity and finance lawyers to better serve our clients’ needs. We provide ongoing support to our private equity clients in their management and oversight of portfolio investments. Finally, we assist our clients with various exit strategies
Our experienced team of tax lawyers at Brian Otieno & Company Advocates offers comprehensive tax-related legal services in Kenya. We provide exceptional service and innovative solutions to complex tax issues.
Our tax law practice areas include:
1. Corporate Taxation: Advising on tax planning, compliance, mergers and acquisitions, and tax-efficient structuring.
2. International Taxation: Providing strategies for cross-border transactions, including transfer pricing and foreign tax credits.
3. Tax Controversy and Litigation: Representing clients in audits, appeals, and litigation.
4. Tax-Exempt Organizations: Advising on formation, governance, compliance, and tax-exempt status.
We are dedicated to developing customized solutions to meet our clients’ business and personal goals. Contact us for assistance with your tax-related legal needs.
Our maritime team represents clients in a wide range of maritime-related litigation and arbitration matters, including complex matters arising from mass casualties, seafarer’s rights, commercial disputes, international trade, and bilateral investment
treaties.
Our litigation experience covers all aspects of marine disputes, including casualties (high profile casualties involving loss of vessel, crew and passengers, and cargo), spills, collisions, construction, cargo damage, and contract disputes.
At Brian Otieno and Company Advocates, we specialize in oilfield service agreements, chemical and petrochemical project documentation, and energy and gas project agreements. Our seasoned litigators handle ports concession agreements, leases, and land-related deals. We navigate complex utility transactions, regulatory challenges, and disaster responses, leveraging our deep energy law knowledge to meet clients’ business goals.
At Brian Otieno and Company Advocates, our deep knowledge in energy law allows us to provide comprehensive legal services, ensuring favorable dispute resolutions for clients in the energy sector, including companies, individuals, and government entities. Our services include:
1. Regulatory Compliance: Advising on federal, state, and local regulations, environmental standards, and permitting.
2. Energy Transactions and Contracts: Drafting and negotiating agreements related to energy production and distribution.
3. Renewable Energy: Assisting in renewable energy projects and advising on regulatory and financial incentives.
4. Energy Litigation and Dispute Resolution: Representing clients in disputes over land rights, environmental liabilities, and regulatory compliance.
5. Energy Project Development: Advising on legal issues related to project development, including land use and permitting.
6. Mergers and Acquisitions: Advising on due diligence, structuring, and negotiation in energy sector transactions.
7. Energy Policy and Advocacy: Advocating before regulatory agencies and legislative bodies.
We proactively apply our expertise to determine the best strategies to meet our clients’ business goals.
Mining law governs the acquisition, exploration, development, and management of mineral resources, addressing issues such as:
Mineral Rights: Establishes ownership and permitting processes for mineral resource exploration and exploitation.
Environmental Regulations: Covers environmental impacts, including water use, waste disposal, and land reclamation.
Health and Safety: Ensures worker safety through regulations on mine design, ventilation, and safety equipment.
Taxation and Royalties: Includes taxation and royalties provisions to ensure fair profit distribution to governments.
Contracting and Negotiation: Involves drafting agreements between mining companies and stakeholders regarding land access, compensation, and community development.
Mining law aims to balance the interests of mining companies, governments, communities, and the environment, promoting safe, sustainable, and socially responsible mining. We represent a leading international gold mining company, providing successful litigation and legal compliance advice on emerging laws and regulations.
Our mission is to provide exceptional legal representation to individuals, businesses, and organizations. We are committed to upholding the highest ethical standards while advocating for our clients’ rights and interests. Our goal is to deliver results-driven solutions that meet our clients’ legal needs efficiently and effectively.
All rights reserved | 2024 | Brian Otieno and Company Advocates
