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Global Guide
Firm Profile

Oraro & Company Advocates

Firm Profile

Nairobi

  • Profile
  • ACK Garden Annex
  • 6th floor
  • 1st Ngong Avenue
  • PO Box 51236
  • Nairobi
  • Nairobi
  • Kenya
  • 00200

Firm profile submitted by Oraro & Company Advocates


Established 39 years ago, by George Oraro SC (one of Kenya’s top litigators), Oraro & Company Advocates is a top-tier, full service Kenyan law firm. The firm’s areas of strength include corporate and commercial, dispute resolution, intellectual property, real estate, conveyancing and securities and tax. Its partnership includes some of Kenya’s best legal minds and its lawyers are recognised by several international leading legal directories. The firm is also well-recognised for its contribution to Kenyan jurisprudence (through its formidable dispute resolution team), work on some of Kenya’s largest deals and its significant contributions to Kenya’s legal profession. The firm also has Islamic finance capabilities and have advised Islamic finance clients on a variety of matters, including Shari’ah compliance.

Corporate & Commercial:
The corporate and commercial team specialises in all aspects of transactional work such as banking and finance, capital markets, corporate finance, corporate regulatory work, energy law, mergers and acquisitions and project finance.
Key Highlights:
■ National Government of Kenya (GOK): advising on the legal implications of the restructuring of its debtor including the relinquishing of its security to fit in a scheme of arrangement. The project involves the financial and operational restructuring of one of Kenya’s largest companies that will have significant impact on the surbodination of the GOK debt, where the firm is reviewing all the debtor’s financial and operational restructuring documents
■ Nairobi Securities Exchange (NSE) and Capital Markets Authority: advice on the demutualisation of the NSE, as well as compliance with various statutory regimes governing their respective operations
■ Equipment Leasing Business: advice in an ongoing acquisition of a controlling interest/stake (estimated value of USD 12 million)
■ Social impact business: advice on the provision of water to county governments through PPP structures
Contact: Pamella Ager Email: [email protected]
Contact: Juliet C Mazera Email: [email protected]

Dispute Resolution:
The firm’s highly regarded litigation practice is known for its experience over a wide range of sectors including education, financial services, human resources, information communications and technology, infrastructure, international trade and natural resources. Its experience also extends to alternative dispute resolution: drawing on the firm’s dispute resolution experience to help clients resolve disputes efficiently and expeditiously through arbitration, mediation and settlement negotiations. The team consists of 11 qualified advocates arguably one of the largest dispute resolution teams in Kenyan Private Practice.
Key Highlights:
■ Kenya National Union of Teachers: representation in a historic 2015 pay rise dispute against the teachers’ employer, the Teachers Service Commission
■ Kenyan Highway PPP Project: successfully acted for one of the bidders with respect to Lot 6, of a 10,000 km Kenyan Annuity Road project, before the PPP Petition Committee (the second matter before the newly formed tribunal)
■ International NGO: representation in a land rates’ dispute (the estimated demand value is USD 46 million)
■ Turkana County government and others: representation in a constitutional petition touching on the issue of county boundaries. The case is one of national significance and also touches on human rights issues
■ Dufry International AG: representation in a dispute revolving the award of a contract, to operate duty-free shops at Terminal 1A at the Jomo Kenyatta International Airport
■ Telkom Kenya Ltd: representation in an employment dispute arising from a 2006 redundancy exercise where approximately 2,600 employees were retrenched
Contact: George Oraro SC
Email: [email protected]
Contact: Chacha Odera
Email: [email protected]

Real Estate, Conveyancing & Securities:
The Kenyan real estate sector has recorded significant growth in the last decade; the firm has acted for several local and international players in the sector. The firm’s real estate team is known for being thorough and hardworking, clients also benefit from the deep knowledge the team has of this sector.
Key Highlights:
■ Real estate developers: advice in a joint housing development project within Nairobi, worth KES 600 million (approx. USD 6 million)
■ Leading Turkish construction company (in partnership with a German investment firm): advice relating to a joint venture project with landowners for the development of a multimillion dollar mixed-use project on Ngong Road, Nairobi.
■ Leading Kenyan Bank with multinational coverage: preparation and perfection of security documentation (debenture, charges and corporate guarantees), the estimated matter value is USD 5.23 million
■ Real estate firm: advice in a joint venture transaction with land owners, in regard to a 1000 acres mixed-use development
■ Leading Chinese property development company: advice on a partnership project with landowners for the development of a block of residential apartments comprising of over 300 units in Nairobi. The firm’s advice relates to structuring the transaction and securing the company’s investment in the land
■ Kenyan Bank: preparation and perfection of security documentation (debenture, charges and corporate guarantees and the relevant board resolutions) in respect to their lending of USD 4 million
Contact: Nelly Gitau Email: [email protected]
Contact: Pamella Ager Email: [email protected]

Tax:
The firm’s tax team has acted for several local and international companies in tax-related matters (both contentious and noncontentious). The team’s expertise covers, audits, direct taxes, (income tax, withholding tax, capital gains tax) and indirect taxes (Customs and Excise duties and VAT) among others.
■ KRA: representation in a judicial review matter in which the applicant (a leading tobacco company) was challenging a demand for payment of excise duty of USD 2.5 million
■ Centunion (a European construction company): advice on their contract with the Kenya National Highways Authority specifically in regards to their tax implications
Contact: Lena Onchwari Email: [email protected]

Other practice areas:
Energy, Infrastructure, Projects & PPP:
■ Private limited liability company (engaged in the business of advanced medical care): advice on the construction of a hospital in Kiambu (a county north of Nairobi). For the purposes of financing the construction project, the Company entered into an arrangement with a development bank to grant it facilities amounting to USD 30.5 million.
■ Kenyan Road PPP Project Investor: advising on several aspects of a 2000 km road project
■ Independent power producer: assisted a team providing advice in relation to the establishment of a 360 MW dual diesel and solar generating plant
■ GOK and KenGen (Kenya’s largest power producing company): advice on the sale of 30% of the former’s stock in the latter at the NSE
Contact: Walter Amoko Email: [email protected]

Intellectual Property: 
■ Software developer: representation at the High Court of Kenya in a copyright infringement claim 
■ Vivo Energy: representation in a tax dispute before the Kenyan High Court. The matter involved some intellectual property aspects, specifically the tax treatment of royalties paid in consolidation for transfer of the economic right in trademarks from overseas companies to the holding parent company
Contact: Jackson Awele Email: [email protected]

Islamic Banking:
■ Leading Kenyan Islamic Bank: prepared a compliance manual
■ Kenyan Bank: prepared Shari’ah compliant precedents for their security documentation
■ Leading Kenyan Islamic Bank: advice on the review of registrable and non-registrable security documents and remedial steps to be taken in the case of faulty or defective securities
Contact: Juliet C Mazera Email: [email protected]

Natural Resources:
■ International oil and gas client: advised on an oil and gas contract, revolving around the impact of the outbreak of the Libyan civil war
■ International mining company: counsel in a dispute with Kenya Pipeline Company worth USD 41 million
■ Multinational mining company: advised on establishing a mining and export operation in Kenya, with a range of four counties
■ GOK: review of the Mining Act as well as the recommendation of an appropriate legal and institutional framework
Contact: Noella Lubano Email: [email protected]
Contact: Geoffrey Muchiri Email: [email protected] Org

Branches

  • ACK Garden Annex,
  • 6th floor,
  • 1st Ngong Avenue,
  • PO Box 51236,
  • Nairobi,
  • Kenya
  • 00200
  • Tel +254 20 2713636
  • Fax +254 20 272 7209
  • Email : [email protected]
  • Website : www.oraro.co.ke