Naikuni Ngaah & Miencha Co Advocates

For Your legal solutions

Areas We Practice

We specialize in several areas of the law as we have outlined below:

 Arbitration & Civil litigation

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We offer clients sound counsel and practical support in all types of arbitral proceedings. We have the expertise in various issues and aspects of arbitration.

Alternative Dispute Resolution
We consider the use the use of Alternative Dispute Resolution (ADR) to be an integral part of the advice we give to our clients. Our ADR strategies and practices enable us to achieve results that further our clients' business goals, reduce the expense and delay associated with resolving disputes, and avoid the distractions to management which prevent our clients from focusing on their business plans.

Commercial Litigation
We handle commercial litigation at the administrative, trial court, and appellate levels. The Firm is recognized for their considerable experience and excellence in pre-trial meetings, trials, criminal and regulatory investigations, hearings, appeals and crisis management situations.

We have counselled financial institutions, corporate entities, government entities and individuals in many complex and sensitive matters.

We primarily focuses on the following areas:

  • Business litigation
  • Environmental litigation
  • Enforcement of foreign judgments and arbitral awards
  • Securities litigation
  • Land law litigation
  • Insurance
  • Products liability
  • Criminal defense
  • Intellectual property litigation

 Commercial Law & Corporate Services

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Banking

We advise clients on the formation and operation of banking companies, corporate finance, real estate financing, asset financing and leasing, project financing, bank regulation, compliance, contract drafting and litigation. In particular the Firm has expertise in handling the following transactions:-

Bank Products and Services:- drafting and/or advising on, among others, electronic banking products and services, credit products, documentary letters of credit, guarantees, bonds;
Bank Regulation and Compliance-advising on all aspects of the Banking Act (Cap 488) and related legislations, guidelines issued by the Central Bank of Kenya from time to time;.
Bank Litigation in the High Court of Appeal, the High Court and the Magistrate's Courts.

Our clients include public and private commercial banking and financial institutions.

Finance Law

We regularly represent issuers, investment advisors in connection with a wide variety of corporate finance transactions. These transactions include aacquisition finance; Project Finance; advising on and establishment of Collective Investment Schemes; advising on all aspects of insurance law and drafting insurance policies; and advising pension and provident fund administrators, trustees and custodians.

In addition to above, with the development of the economy comes new financial products in the market and we at the Firm have the expertise and experience to develop innovative legal solutions and products to meet this growing needs of financial markets.

Commercial Agreements

We assist our clients as they operate, regulate and grow their business, helping them manage their existing commercial relationships, form alliances and expand into new markets. This necessitates drafting of various kinds of agreements to meet the exigencies of each circumstance. In that regard we deal with:-

  • negotiation;
  • drafting;
  • advice on wide commercial contracts;
  • limited liability company formation (both private and public);
  • partnership agreements;
  • business and asset sale agreements;
  • employment management and consulting contracts;
  • Employee Share Ownership Plan (ESOP) Schemes;

International Law and Foreign Investment

The Firm is alive to the fact that in an increasingly globalized business world, private individuals, corporate entities, and states have to deal with potential benefits and risks of conducting business, trading and investing globally.

The risks of exposure to financial, regulatory and legal obstacles are real. For example in Kenya one has to contend with paucity of local information, opaque regulatory regimes, and policy instability which could yield adverse results. Our firm is especially capable and experienced to offer sound legal counsel and practical help to foreign investors proposing to undertake or already doing business in Kenya. This include advising on areas of trade, business litigation, taxes, and foreign investment requirements in Kenya.

Consultancy and Research

Our practice areas include both questions in Kenyan law and private international law. 
We can provide legal opinions or comparative studies concerning any issue within our practice areas for:

  1. legal professionals, as well as private individuals and entities,
  2. courts and tribunals,
  3. administrative bodies,
  4. international organizations

Requests for our services must be submitted in writing (either by e-mail or post). On the basis of such requests we will undertake a preliminary study of the legal issues in order to determine the feasibility of the work requested and to estimate the costs involved.

Immigration

We represent corporate and individual clients in Kenya to secure work permits and resident permits. Common areas where immigration issues arise include audits of employer compliance with immigration and Kenyan labour law regulations; employment-based immigrant and non-immigrant visa petitions; expatriate quotas.

In addition to above we also advise Kenyans wishing to travel to other countries for whatever reasons on the requirements needed in order to enable them enter such countries.

 Intellectual Property

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We provide timely, personalized and specialized consultation to businesses, entrepreneurs and individuals seeking to manage and protect their intellectual property rights, and profit from their intangible assets.

We offer the following services:


  • Availability search;
  • Application and prosecution patents, trademarks and designs both at national level, regional
  • Level and internationally. We are conversant with the ARIPO, PCT and Madrid systems registrations.
  • Opposition, monitoring, recovery
  • Intellectual property disputes
  • Management & maintenance
  • Licensing & franchising
  • Copyright protection ©
  • Brand creation
  • Domain names
  • Enforcement

We envision that through practical and commercial advice and skilled expertise, the client can make informed decisions as well as avoid common pitfalls in the registration, exploitation, enforcement and maintenance of their intellectual property rights in Kenya. We offer our services to both local and international businesses, institutions and organizations.

 Real Estate

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We provide a comprehensive range legal services in respect of real estate. Be it advising on the letting of a corner shop or the acquisition of a property portfolio worth millions shillings, we have the expertise and flexibility to ensure that our clients receive the best possible service, whatever the circumstances.

Whether acting for an individual private investor or a corporate property developer on the acquisition of commercial property, we can provide the relevant skills on a quick and cost efficient basis.

We are involved in all areas of commercial property. In addition to general commercial conveyancing, we offer advice and assistance on matters such as planning, construction, finance and leasing.

We pride ourselves on our ability to give a top quality service based on our partners' years of experience in the property market. We aim to give practical informed advice based on that experience. Working closely with our clients, we have the skills to maximize the value of their property investments.

We can provide advice and assistance on the following areas of commercial property:

  • Conveyances and transfers
  • Communal and residential Leases
  • Bank security documents relating to land such as charges, discharges, mortgages, fixed debentures and reconveyances
  • Sub-divisions, changes of user , extension of government leases, rectification of titles
  • Caveats, Cautions and Prohibitions Order
  • Power of Attorney
  • Trusts relating to land
  • Property finance
  • Structured and mortgage finance
  • Housing scheme structures
  • Property management and agency agreement
  • Joint ventures.

 Environmental Law

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Both foreign and local investors have made remarkable impact on the telecommunication industry after the deregulation and liberalization of the Kenyan telecommunications sector. The emergence of Communication Commission of Kenya (CCK) as the regulator of the telecommunications industry has created with it regulatory requirements and the Firm's personnel expertise comes to fore.

Our partners have advised most areas of telecommunications law. These include reviewing and opining on the state of the law and regulations in the sector, conducting due diligence on potential targets, compliance issues with the regulatory authorities, corporate finance and, advising on foreign direct investment, corporate governance and corporate structure, labour and employment law, drafting and review of various contracts such as leasing and purchasing contracts, joint venture agreements and shareholders agreements.

Our Team

Isaac O. Miencha

Isaac O. Miencha

Senior Partner at Naikuni Ngaah & Miencha Co Advocates

LL.B (Hons), Dip Law(KSL),
Advocate of the high court of Kenya,
Patent agent
Notary Public & Commisioner for Oaths
Certified Secretary

Evelyn Otara

Evelyn Otara

Associate at Naikuni Ngaah & Miencha Co Advocates

LLB. (Hons),& LLM University of Wolverhampton, Dip. Law KSL
Advocate of the High Court of Kenya

Jared Wanyoike

Jared Wanyoike

Legal Associate at Naikuni Ngaah & Miencha Co Advocates
Advocate of the High Court of Kenya

Simon Macharia

Simon Macharia


Legal assistant at Naikuni Ngaah & Miencha Co Advocates
Advocate of the High Court of Kenya

Erick Ogetii

Erick Ogetii

Accountant at Naikuni Ngaah & Miencha Co Advocates
Advocate of the High Court of Kenya

Ivan Kipkoech

Ivan Rono

Partner at Naikuni Ngaah & Miencha Co Advocates

LL. B. (Hons) MoiDip.Law( KSL),
Advocate of the high court of Kenya,

Pauline

Pauline Njoki

LL. B. (Hons) UON Dip.Law( KSL),
Advocate of the high court of Kenya

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