Practice Areas

Our advocates are qualified and competent to handle complex and high net worth disputes and can assist clients in resolving disputes practically, fairly and effectively without the need to resort to protracted and expensive litigation.

Our lawyers work with small and large multinational companies in the acquisition of assets, division, transfer and disposition of assets. In addition we provide advice and representation with regard to the leasing, purchase and sale of commercial real estate.

Our team of Constitutional lawyers will help you litigate and assert your constitutional rights against any public body for any violation of rights enshrined in the Constitution of Kenya. In the past, our firm has represented clients on legal issues that threaten to violate their most basic fundamental constitutional rights..

Our team at our Probate and Estate Administration Department can walk you through the process and advise on the most suitable approach to Administration of the deceased’s Estate.

Be it divorce proceedings, matrimonial property division, pre/post nuptial agreements, adoption or child custody and maintenance matters, our firm is equipped to provide top notch representation to meet our clients’ expectations.

Our law firm has specialized expertise in electoral laws and litigation. We offer both advisory opinions with respect to electoral laws and actual litigation over electoral disputes. In the last two election cycles, our firm has represented numerous litigants ranging from Gubernatorial to Members of County Assembly (MCAs).

The Firm is among the most highly regarded and respected litigation and dispute resolution law firms in the country. It has provided reliable and competent legal representation in a broad range of large-scale and complex litigation matters such as commercial litigation, constitutional litigation, judicial review and administrative law litigation, employment and labour relations matters and pension matters. The firm’s experience in the circles of litigation and dispute resolution spans handling high profile cases in the superior courts in Kenya as well as the subordinate courts and the major Tribunals established under various legislations

Drawing on past successful cases, the firm is well equipped to handle litigations of complex nature in the country. The Firm has acted for numerous clients in litigation matters in which landmark decisions which have been pronounced in favour of the Firm’s clients

Whereas the Firm’s approach places focus on risk mitigation and advising on how to stay out of court, our competent team of advocates always ensure clients are litigation-ready and provide the most suitable and strategic path for the legal representation. We have a deliberate policy of commitment to clients’ specific needs. The Firm’s litigation team is backed by a very capable and competent team of researchers who have an excellent grasp of the law.

We deliver these services on a continuing basis to employers on a wide range of employment and labor relations matters including termination and layoffs, occupational health and safety, collective bargaining, legal audits, legislative advice, drafting of employment contracts, dispute resolution.

Whereas we have endeavoured to assist our clients on implementing employment and labour relations practices that minimize potential conflict, we provide our clients with strong and effective legal representation in the event of disputes. Our team has successfully represented clients in the Employment and Labor Relations Courts (previously Industrial courts) and arbitration proceedings on various complex disputes relating to termination of employment, employee redundancy claims and so on.

Our intellectual property (IP) lawyers specialize in intellectual property law, which involves rules for securing and enforcing legal rights to inventions, designs, and artwork.

The firm’s IP lawyers secure and enforce legal rights to inventions, designs, and artwork. They also secure assets such as personal property and real estate. By doing so, the firm gives people incentives to improve creative works to gain a profit, which is beneficial to the community

The firm assists its client to:

1. Establish and protect intellectual capital;

2. License inventions;

3. Transfer proprietary technology;

4. Draft licensing agreements

5. Negotiate settlements; and

6. Conduct IP asset due diligence

The firm’s IT lawyers represent the firm’s clients in the Courts and at the Kenya Industrial Property Institute.

The firm’s work portfolio in IT involves:

1. Trademarks;

2. Copyrights;

3. Patents;

4. Trade Secrets;

5. Licenses; and

6. Unfair Competition

The Firm has developed a robust practice in public procurement law. Our key assignments have been providing advice to public sector clients in their capacities as procuring entities as well as private sector clients on the unique legal aspects of procurement and asset disposal

Our team members also have expertise with respect to dispute resolution and litigation arising out of competitive procurement processes. We have represented clients in procurement administrative review proceedings before the Public Procurement Administrative Review Board, the High Court and Court of Appeal. Notably, the Firm has been involved in successful precedent-setting procurement cases in procurement of public infrastructure development consultancy works, public transport and road safety, energy and infrastructure projects.

The firm enjoys an especially sophisticated real estate practice with and unrivalled capacity and experience to handle the most complex transactions. Our capacity to deliver the highest quality service to match our clients’ business needs makes our firm stand ahead of its peers.

We advise buyers and sellers on real estate transactions of all kinds, whether they are structured as assets or share deals, individual or portfolio transactions, or joint ventures. Our clients include portfolio managers, project developers, investors, insurance companies and banks, while our area of expertise includes all relevant real estate law investment classes such as commercial, office, residential or specialty properties.

We offer advisory services during all phases of real estate financing, from due diligence and term sheet negotiation, through preparing and negotiating all types of financing documents, to active support in fulfilling requirements for disbursement, as well as any later syndication and restructuring. Our team has both extensive knowledge of the market, including focus areas such as office, retail, hotel, logistics and residential, and a thorough understanding of the individual needs of our clients. That mix results in constructive, practically oriented, efficient advisory services for all types of real estate financing. Our advisory services range from structuring financing transactions to drafting and negotiating financing agreements

We advise project developers and investors during all phases of project development, from property analysis and construction to realization of a project. We view project development as a multidisciplinary task. Dividing a project into individual legal areas such as public and private building law, property-related commercial law, corporate law, tax law and the like often leads to frictional losses. Legal advisers frequently lack an overall view because they are too preoccupied with their own subject areas.

Preventive law practice is a unique area of our practice at F.M. Law Advocates by which we assist corporate clients to enhance their capacity to do business within the legal environment in which they are established.

By this practice we seek to enable an enterprise develop systems by which it can avoid, manage, limit or minimise legal liability from business operations as well as business losses from fraud and bad debts. This in turn results in a reduction in expenditure on legal costs that would otherwise be incurred in defending claims or trying to recover bad debts.

Preventive law practice entails our conducting a comprehensive legal audit on an enterprise to evaluate its current business situation, identify legal risks affecting it, explore corrective measures and offer advice on improvement of business systems to ensure compliance with the law and a reduction in potential for legal liability or business losses from fraud or bad debts. Where the need arises we offer training to client’s staff to enable them appreciate the legal framework within which they operate and its impact on operations of their enterprise.

Under this area, we offer the following services:-

1. General advice to individuals and corporates on Kenyan and East African tax law

2. Advice on tax issues arising from employee remuneration, including share options, pension schemes and National Social Security Fund contributions

3. Individual and corporate tax planning. This includes creation and operation of trusts and foundations, making of gifts, business and investment structures and estate planning

4. Advice and representation on Local and Foreign Direct Investment as well as Portfolio Investment in East Africa. In this regard we advise on the legal requirements, the tax and other incentives available to investors

Where taxpayers are the subject of investigation or prosecution, whether by the Kenya Revenue Authority or any other taxing authority, we are available to offer specialist support and representation in court. This advisory work sometimes ends up in litigation but more often to negotiated settlements.