Legal Advisory & Consultancy
Legal and Institutional Reform is a significant component of any government agenda particularly where there is need to modernize and harmonise legislation to promote the development of a sector.
Mohammed Muigai is a leading provider of legal advisory and consultancy services advising government, donors and private organisations across a variety of sectors. Our long experience in providing these services as well as the diversity of the clients we serve means that Mohammed Muigai has acquired an unrivaled understanding of the legal and regulatory environment.
With every assignment, Mohammed Muigai adopts a collaborative approach so that the client is engaged throughout. This ensures that we clearly understand the policy behind proposed reforms and/or interventions (and consequent translation into legislation), appreciate any interests at play, identify relevant stakeholders and allocate appropriate resources to the project.
Some of our work
The firm has advised an international advisory institution and a government agency on the development of a concurrency regulatory framework to manage areas of concurrent jurisdiction between that agency and a sector regulator. This has included advice on the regulatory instrument to be deployed for the proposed concurrency framework. The firm is also representing a client in the cement industry in alleged violation of Section 35 of the Competition Act as well as advising a government agency of the existing legislative framework relating to trade associations.
The firm has advised the Institute of Certified Public Secretaries of Kenya (ICPSK) on the review of the Certified Public Secretaries of Kenya Act, Cap 534 Laws of Kenya on the proposed amendments to that Act.
The firm has acted for a Kenyan investigatory board in the preparation of the “Public Procurement Administrative Review Board Decision Digest, 2001-2007”. The firm has also advised an International Non-Governmental Organisation on the preparation of the “Access to Information in Kenya Case Digest” stemming from Article 35 of the Constitution of Kenya, 2010 which provides for the right to access to information. The firm also advised the Office of the President (Presidency & Cabinet Affairs Office) on the Design and Architecture of the Government of Kenya under the New Constitutional dispensation and the implementation of all the chapters of the Constitution of Kenya, 2010. It also advised on the institutional and legislative measures required to implement the Executive, the Legislature, the Judiciary and the Independent Commissions and Offices as envisaged by the Constitution as well as the electoral processes and systems required and importantly, on transitional mechanisms.
Natural Resources & Environment
The firm represented an oil exploration giant in negotiating a Production Sharing Agreement with the Kenyan Government and in litigation challenging oil and gas exploration permits granted to it, including claims arising from Environmental Impact Assessments. We have also represented a State organisation in ongoing litigation and arbitration arising from claims by Oil Marketing Companies (OMCs) in Kenya and various financial institutions that finance the OMCs over Transport and Storage and Collateral Financing Agreements between the OMCs and the State organisation. The firm also represents a mining industry in a Constitutional Petition challenging the award of coal mining concessionary rights over the Mui Coal Basin deposits in Kenya and has advised on the legal and institutional framework concerning waste disposal, as well as carrying out preparations for draft regulations for waste tyre management in Kenya on a project funded by a German Non-Governmental Organisation.