- Better defining their interests;
- Drawing up relevant documents and instruments that best capture the interests of the client;
- Analyzing the legal risks faced by clients in respective commercial transactions; and
- Representing clients to defend their interests in the event of disagreement or failure in the fulfillment of the transaction in accordance with the terms agreed.
Indeed as Kenyans continue to get practically familiar with all the facets of the Constitution of Kenya, 2010 as individuals;groups; communities; institutions; the National and County Governments; as well as regional and international persons and entities doing business in or with Kenya,there is often need to clarify rights, duties, and obligations among persons and institutions and hence the need for:
- Legal opinions that outline the respective position of the person or entity requesting the same;
- In-depth research on the various phenomena and gaps that may arise in the course of the implementation of the Constitution; as well as
- Representation in litigation arising on constitutional issues.
Representation of one’s legal interests in Kenya on diverse matters such as:
- Land Matters – undertaking due diligence on identified property, drafting the sale agreement, drafting necessary transfer documents, liaison with various persons, representation in meetings that require legal representation, registration of transfer documents, and attending court to articulate the client’s concerns where necessary;
- Corporate Matters – incorporation of company, business, partnership or joint venture; attending crucial meetings on client’s behalf including voting by proxy where requested to; restructuring of company such as change of shareholding, name change, and increase of share capital; restructuring of business or partnership; filing of annual returns at company registry; drafting of contracts and agreements for various purposes; preparation of legal opinions; advising on the necessary licences and permits required for the purpose of undertaking different business activities and other activities such as research, cinematography, photography; supervision of execution and implementation of contracts entered into with parties in Kenya for various works; and attending court to articulate client’s concerns;
- Family Law Matters – child support and succession (transmission of estate of deceased persons), preparation of wills, execution of wills and creation of trusts;
- Immigration – immigration status and citizenship issues; and
- Undertaking other Routine Legal Work – such as assisting clients to establish charitable organisations under either the Non- Governmental Organisations (NGO) Coordination Act which will be replaced by the Public Benefit Organisations Act once issued with a commencement date, Company Limited by Guarantee under the Companies Act or a Trust under the Trustees (Perpetual Succession)Act; intellectual property matters such as registration of patents and copyrights; preparation of power of attorney; preparation of non-disclosure agreements; and execution of instructions by client with respect to the implementation of matters of concern to them that require periodic and regular updates.
- Advice regarding the various rights, duties and obligations created under Kenya’s electoral laws;
- Advice regarding how Kenya’s electoral laws compare regionally and internationally;
- Preliminary and/or in-depth research on various aspects of Kenya’s electoral laws;
- Legal opinion on specific issues arising from the application or implementation of Kenya’s electoral laws;
- Representation before adjudication bodies created to mediate electoral based conflict.
- Advice on various aspects concerning the local, regional and international regulatory regimes on the environment;
- Preliminary and/or in-depth research on various aspects of environmental law such as on REDD+, climate change and deforestation; and
- Consultancy services on any aspect of environmental law;
- Legal representation.
- The type of permits and licenses required to carry out the respective activity of interest to the incoming visitor. These include work permits; licenses for various activities including business, mining, music, filmography, etc.
- Permissions required to carry out controlled activities in Kenya e.g. primary research and experiments on controlled substances, etc.
- Citizenship of persons born abroad but of Kenyan parents;
- Representation in courts or tribunals where infringements on the rights of immigrants occur and Appeals where there are lawful grounds for challenging refusals under the relevant statutes.
Law and Policy Making, and Law Reform
- Preliminary and/or in-depth research on the issue for which there is need to make policy, a new law, or review an existing law;
- Drafting of the policy, new law; amendments to the old law; or regulations to statutes.
- Audit of laws, whether National or County laws, to establish their consonance and compatibility with prevailing regional and international norms;
- Legal opinion on the gaps in existing law and the potential for conflict of proposed new laws with the Constitution and other existing laws and practices
There are several laws and regulations dealing with the natural resources found in Kenya. Some of them have recently been enacted such as the Mining Act 2016 and some are being drafted or going through the parliamentary process to ensure that the laws are up to date and give adequate protection to the natural resources.
There is evidently need for civic education in the communities where the various natural resources are found so that the residents are able to meaningfully participate in decision making, as provided for in the Constitution, on the exploitation of these natural resources. This ensures that there is ownership of the decisions by the community to avoid conflicts that are experienced in relation to exploitation of some natural resources.
Individuals, organizations and the county and national government may require the following services:
- Preliminary and/or in-depth research on various aspects of natural resources laws;
- Legal opinion on a specific issue arising from the application or implementation of the various laws and regulations on natural resources;
- Consulting services such as capacity building; research and publication; advocacy; and evaluations;
- Negotiating business transactions relating to oil, coal and mineral resources;
- Drafting documents such as joint venture agreements, license agreements, supply agreements, term sheets; and
- Legal representation.
Property Law and Conveyancing
Apart from land and buildings, property can be in the form of intellectual property. The music and art industry in Kenya is currentlydominated by the youth and is growing rapidly. The youth can only benefit from this sector if their intellectual property is protected. Similarly, the industrial sector of the country is also growing as new innovations are coming up which need to be protected to ensure that the companies benefit from their innovations. In this regard, individuals, organizations and the county and national government may require the following services;
- Conveyancing services that involve drafting different documents such as sale agreements, transfers, mortgages, discharge, joint venture agreements, leases and licenses a well as carrying out due diligence.
- Registration of intellectual property such as copyrights, trademarks and patents.
- Legal opinion on a specific issue on land and intellectual property;
- Preliminary and/or in-depth research on various aspects of property law including intellectual property; and
- Legal representation.
Being a member of a RIA necessarily creates rights, duties and obligations for respective member states as well as provides the scope for the creation of new governance structures and laws to facilitate meaningful and structured relations. RIAs may have common courts to adjudicate over the various laws and regulations guiding the arrangement; common service providers for agreed issues; and common facilities. In this regard, individuals and countries may require the following services:
- Advice regarding the purpose and operations of the RIA of interest;
- Advice regarding the rights, duties, and obligations created by the RIA;
- Research regarding specific issues of interest to clients in relation to the RIA in question;
- Audit of clients’ legal preparedness to trade with or do business with the RIA of interest or with the citizens or institutions in the member states of the RIA;
- Drafting of legal documents capturing the interest of clients in their dealings with the citizens or institutions from member states of the RIA(s) of interest;
- Tax agent
- Legal opinion on a specific issue intax law and taxation;
- Preliminary and/or in-depth research on various aspects of tax law and taxation such asdouble taxation treaties;
- Consulting services; and
- Legal representation.
Women and the Law
Of these, the provisions in the Constitution of Kenya, 2010 are outstanding because of their far-reaching nature and capacity to transform Kenyan society if implemented. The Constitution of Kenya seeks to bring about gender equity in both appointive and elective positions and this is expected to be achieved through the utilization of affirmative action measures indicated in the Constitution. The State is also expected to take legislative and other measures to achieve gender equity. Through the implementation of the socio-economic rights outlined in the Constitution of Kenya, 2010 including the right to food, education, and environmental safety to name but some, women in Kenya stand to benefit manifestly. Other than the area of discrimination faced in appointive and elective positions, women in Kenya also face other challenges in both their personal and public lives that require resolution. In this regard, women or male supporters of women may require the following services:
- Advice regarding women’s various rights, duties and obligations created under Kenya’s various laws as well as regional and international conventions of which Kenya is a signatory;
- Advice regarding how Kenya’s laws compare regionally and internationally insofar as the protection of women is concerned;
- Preliminary and/or in-depth research on various aspects of women’s lives insofar as the law is concerned;
- Legal opinion on specific issues arising from the application or implementation of Kenya’s laws as regards the rights or position of women;
- Drafting of laws that specifically outline issues pertaining to women, and the review of draft laws to ensure they carry the concerns of women, at both the national and county governments;
- The drafting of any necessary legal documents that outline the position of or establish the rights of female clients;
- Representation before dispute resolution forums or courts.