Muteti Festus

Muteti has successfully defended and watched brief in hundreds of high-profile cases in the Magistrates Courts, High Court and the Court of Appeal of Kenya. Specifically, Muteti has handled eminent criminal cases on charges of Murder, Robbery with Violence, Theft, Abuse of Office, Fraud, Handling Stolen Property, Defilement, Obtaining by False Pretenses, Forgery and Assault, among others. Currently, Muteti is defending the Police Officers implicated in the 2021 Kamiti Prison Escape of Three Terror Suspects. Similarly, he is also representing three (3) clients accused of Robbery with Violence as well as two (2) clients charged with Murder in different courts across the country. 

Muteti has conducted a broad range of large-scale and complex litigation matters revolving around, land disputes, election law, public procurement, commercial litigation, constitutional litigation, judicial review and administrative law, family law, employment and labour disputes. In a nutshell, some of the highlights of Muteti’s exceptional competence in civil litigation and dispute resolution include:-

(a) Representing Power Transmission Line Contractors Association before the Milimani High Court, Judicial Review Division, against Kenya Power and Lighting Company (KPLC) where the subject matter was in the excess of Kshs. 50,937,040,000.00 

(b) Defending 76 purchasers for value against one of the popular Kenyan land buying and selling company in the Environment and Land Court, Nairobi where the subject matter was valued Kshs. 636,920,000.00

(c)  Representing Ted & Mole Company Limited against a Kenya auctioneer who had illegally auctioned their property valued at Kshs. 59,700,200.00 

(d) Representing a client (details withheld) against Kenya Railways in a Breach of Contract Suit where the subject was Kshs. 23,210,300.00

Muteti is reputed for his diligence and expertise in handling collective investment schemes, commercial contracts and negotiation, corporate finance, corporate M&A, corporate restructuring, joint ventures and strategic alliances. In the recent years, Muteti has prepared huge commercial contracts for several local and international companies. Similarly, he has undertaken big joint venture assignments as well as mergers and acquisitions of several companies in Kenya. Needless to state, Muteti has done several advisories on the aforementioned corporate and commercial areas of practice. 

Whereas FM Advocates provides dedicated electoral law services, including designing and developing election strategies, Muteti has developed incomparable mastery and expertise in defending electoral suits and complaints as well as offering legal advisories to political parties and individual clients. Recently, in the aftermath of the 2022 nominations for various positions, Muteti represented several clients before the ODM Appeals Tribunal, Jubilee Party National Appeals Tribunal, Wiper Party Appeals Tribunal and the Political Parties Dispute Tribunal (PPDT). Needless to state, Muteti has been involved in several high profile constitutional and judicial review matters in the High Court of Kenya. Muteti has consistently been analyzing the electoral law and judicial precedence development to ensure that he is always ready to defend interests that require representation before an internal disciplinary body, tribunal, appellate organ, subordinate or superior courts.

Muteti has established himself as a consummate lawyer on matters concerning family law, children law, divorce and separation. Currently Muteti is handling more than 40 clients who have matters revolving around family, children and divorce law. In the premises and as one would expect, Muteti has successfully filed and defended hundreds of suits emanating from child custody, access and maintenance disputes, annulment of marriage, division of matrimonial property as well as divorce and separation. Further, Muteti has done innumerable parental responsibility agreements and pre-nuptial agreements setting out the rights and obligations of spouses before and after dissolution of their marriages. Finally, Muteti is an experienced mediator on matters arising from family, children and divorce law. As such, he has assisted tens of clients to settle their disputes without seeking the intervention of the court. 

Over the years, Muteti has garnered an enviable depth of experience and expertise in probate and succession law, thus enabling him to consistently provide his clients with a first-class service as well as timely and actionable guidance. As at now, Muteti is handling and assisting more than sixty local and international clients who have diverse legal issues pertaining the administration and distribution of the estate. in addition, Muteti has prepared tens of wills for diverse clients who wish to distribute their property before passing on. 

Muteti has been offering strategic advice on all types of employment and labour related issues and disputes, across a wide variety of industries in both private and public sectors including NGOs and charities. Muteti is known for his dexterity and business-savvy advisory and counselling skills and, when necessary, their results-driven dispute resolution and excellent litigation techniques. Muteti has practical experience in representing employers in all industry sectors, including financial services, art and entertainment, education, professional services, telecommunications, ICT, hospitality sector, manufacturing concerns, extractive industries as well as transport and logistic sector. Currently, Muteti is retained by seven local and international companies for purposes of providing them with employment law advisories and representing them in court. Besides, Muteti has successfully represented over seventy (70) individual clients in Kenyan Employment and Labour Relations Court.

Muteti has been providing his local and international clients with services and advisories on the registration of Trademarks, Industrial Designs, Utility Models, Patents, Technovations and Copyrights in Kenya. He has also been retained by several clients for offer legal advice on royalties, trade names and domain names. In the same vein, Muteti has been retained frequently to draft licensing/assignment agreements pertaining to intellectual property. Further, he has been assisting his clients to seek global international protection over intellectual property via the World Intellectual Property Organization (WIPO). He also handles applications before ARIPO for intellectual property protection in Africa. Finally, Muteti has litigated in the Kenyan Courts and the Kenya Industrial Property Institute Tribunal on the infringement of intellectual property rights and passing off actions. 

Muteti has gained an incredible reputation for providing specialist advice in the field of immigration law including visas, temporary residence in all categories such as study, work, business, business permits, residence permits, determinations of citizenship status and representing clients charged with criminal offences related to the Kenyan immigration laws. More specifically, Muteti has been advising tens of clients on all aspects of Kenya Citizenship and Immigration Act of 2011, the Refugees Act of 2021, repealed immigration legislation, regulations, policies and case law. Similarly, he has been advising clients on the preparation and filing of the different types of visa applications as well as making applications for ministerial regulatory waiver and exemption. He has also undertaken several administrative review and appeal applications at all administrative levels. Finally, Muteti has been routinely representing clients in cases of deportation, investigations and arrests. 

Based on the understanding that the art of dispute resolution has evolved significantly from the combative, time-consuming and embarrassing court processes, Muteti has embraced arbitration, mediation and structured negotiation as innovative ways of settling disputes amicably in a timely and expeditious manner. In this regard, he has represented individual clients and companies in mediation, arbitration and negotiation of several disputes.