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Practices Area

We Provide

Alternative Dispute

Wilberforce Akello as a firm is actively involved in a wide variety of alternative dispute resolution processes, practices, and techniques. Arbitration and mediation are the best known and most frequently used types of ADR.but not the only ones. As a firm, we hold the view that a negotiated settlement is worth pursuing before investing time and money in full blown civillitigation. This is essentially the reason why the firm has invested highly in its Alternative Dispute Resolution Department. The following are the areas of ADR that we deal with; a. Abitration Arbitration is the process of referring a dispute to an impartial intermediary chosen by the parties who agree in advance to abide by the arbitrator’s award that is issued after a hearing at which all parties have the opportunity to be heard. Arbitration resembles traditional civil litigation in that a neutral intermediary hears the disputants’ arguments and imposes a final and binding decision that is enforceable by the courts. One difference is that in arbitration the disputants elect to settle any future disputes by arbitration before a dispute actually arises, whereas with civillitigation the judicial system is generally chosen by a disgruntled party after a dispute has materialized. Robson Harris has successfully arbitrated several arbitration matters and continues to represent various individual and corporate clients in many other ongoing arbitration matters. The firm has a team of highly competent arbitrators who are always willing and ready to provide their services with utmost professionalism and diligence. b. Meditation Mediation is a rapidly growing ADR technique. It consists of assisted negotiations in which the disputants agree to enlist the help of a neutral intermediary, whose job it is to facilitate a voluntary, mutually acceptable settlement. Unlike arbitrators, mediators lack the power to impose a decision on the parties if they fail to reach an agreement on their own

We Provide

Contract Law

Contract law is the very heart of our legal system and serves as the foundation of our entire society – both locally and internationally. The success of the modern day business world depends on free exchange in the marketplace at every level- which is made possible by the laws of contract.It therefore follows that a deep understanding and comprehension of the fundamentals of contract law is necessary for the success of any business or venture. At Wilberforce Akello & Co. Advocates, we offer our clients in-depth and insightfullegal advice, analyses and services with regard to both standard and complex commercial and real estate contracts designed to make sure our clients are always afforded the best in legal protection and security.

We Provide

Public Procurement Law & Public-Private Partnerships

The Firm provides advisory services on all aspects of Kenyan procurement law including but not limited to advisory support on the procurement process and regulatory aspect thereon, representation al the public procurement administrative review board matters as well as government procurement litigation matters. Wilberforce Akello & Co. Advocates has the unique advantage of having represented the government, various state corporations and private companies in various procurement matters meaning the team has a better understanding of all the considerations taken into account by the respective parties to a procurement process in this often litigious field.Ihe Firm has advisory to services various clients on the structuring of various PPPs and Privatizations in the transport, infrastructure, housing and urban renewal sectors in Kenya and South Sudan

We Provide

Cross-Border Transactions

The Firm has advised clients on transfers of property, cross border ventures, stock, international taxation, business set up, licensing, financial and commercial obligations between related and unrelated entities operating in different jurisdictions among them South Sudan, South Africa, UAE, China, Hong Kong, Mauritius, England and United States.

We Provide

Mergers & Acquisitions

The Firm provides a full range of Public and private transactions ranging from domestic to cross border transactions. We have advised and acted for companies dealing in all industries and provided critical legal advice in strategic and complicated Joint Ventures.

We Provide

Mining, Natural Resources Oil and Gas Laws

The Firm provides a full spectrum of advisory services to various companies in the mining and extractives sector including but not limited to regulatory and compliance matters, mining rights, titles, royalties, taxation and transfer pricing, environmental and social issues, financing (capital raising), lobbying, mining rights transfers, concessions, mining related ADR and litigation. The Firm as well advises various clients in the midstream and downstream Oil and Gas sector clients covering complex legal, financial, commercial and tax related issues

We Provide

Governance Advisory & Audits

Boards of Directors and Management are the apex of all companies and state corporations. They establish strategy and vision for the respective entities and spearhead them towards achieving the intended goals. They are entrusted by the shareholders and other stakeholders (including the public and government) to protect their interests and make all the requisite disclosures.It is also widely appreciated that ethical and effective governance of business entities contributes significantly to optimalperformance. The law mandates publicly listed companies and state corporations to undertake governance audits every year. In undertaking these audits, we evaluate the composition, policies and operations of the Board of Directors and management and measure them against the law, guidelines and international best practices to gauge the level of compliance. Governance audits provide a basis for us to advise our clients on how to ensure full compliance and strengthen efficient operation of their leadership. In this respect, we do the following: • Undertake governance audits; • Assist you to develop your compliance monitoring tools; •Train your Board of Directors and C-Suite Management; and • Advise your Corporation/ Company Secretary on their role in assisting the Board of Directors.

We Provide

Constitutional & Administrative Law

The promulgation of a new constitution in Kenya in 2010 brought into prominence this branch of law. The country has witnessed multiple constitutional petitions and judicial review applications.This is largely due to the fact that with expanded democracy in Kenya, the citizens now understand their right more and can very easily access the High Court. Wilberforce Akello as a firm has in the process advanced the jurisprudence in this sphere of law by representing and successfully prosecuting several constitutional petitions and judicial review applications. The firm has a good number of advocates who are conversant and purely specialize in this area of law.

We Provide

Capital Markets Law

Capital markets are markets for buying and selling equity and debt instruments. Capital markets channel savings and investment between suppliers of capital such as retail investors and institutional investors, and users of capital like businesses, government and individuals. This area of law is governed by the Capital Markets Act together with the regulations therein. In this sphere of law, Wilberforce Akello & Company Advocates has and continues to represent the Capital Markets Authority in several litigious matters that have arisen from the violation of the Act and the regulations therein. The firm has three (3) advocates who are experts in this area of law.

We Provide

Energy

The Firm advises clients on various aspects of Energy Law and has an in depth understanding of the commercial and technical aspect of the sector necessary to guide clients through transactions, regulatory compliance and proceedings, environmental issues, financing, renewables and sustainable development, litigation and dispute resolution. The Firm advises leading energy sector state corporations and private sector players and thus has a global understanding of the considerations on both ends of the spectrum. Robson Harris in collaboration with other International Counsel and local counsel provided advisory services on various transactions in the energy sector in South Sudan. Insurance Law As a firm, we mostly represent the firms in accident matters. One of our primary objectives in these kinds of matters is to expeditiously conclude on the cases so as to save on costs for our clients. We also represent several individual clients who may wish to go against insurance firms. The firm has four (4) advocates who deal with these matters. Intellectual Property Rights Law Wilberforce Akello & Company Advocates provides a full spectrum legal advisory service on all aspect in relation to IP Law including but not limited to: IP litigation, trade secrets, patents, copyrighting, trademarks, industrial designs, IP related licensing and user agreements. The Firm also provides the following services in the EAC region in collaboration with associated firms.

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