Archives: Team

Gabriel Mwangi

Gabriel holds a Bachelor of Laws degree from the University of Nairobi’s School of Law as well as a Post-Graduate Diploma from the Kenya School of Law. He also holds a Diploma in French (Distinction) from the Alliance Française, Nairobi and is a member of the Law Society of Kenya. Gabriel joined Mohammed Muigai as a legal intern in the year 2010 and subsequently undertook his pupilage at the firm until his admission to the Bar in the year 2012.

Practice Areas
Civil and commercial litigation including banking and finance law, defamation law, employment law, constitutional law and judicial review, land and environment law

Responsibilities

  • Representing several leading banks and financial institutions in proceedings challenging the realization of their securities in various forms including charges, personal and corporate guarantees and avalised bills of exchange.
  • Representing clients across diverse sectors in prosecuting and defending proceedings on the constitutionality and administrative propriety of actions by the government, public and private institutions and enforcement of fundamental rights and freedoms.
  • Advising and acting for both corporate and individual clients on different aspects of employment law including employee entitlements, performance, disciplinary and separation procedures, redundancy and retirement benefits.
  • Advising and representing leading media houses on potential and actual litigation arising from publications in print and broadcast media.
  • Acting for a diverse range of clients on matters touching on environmental and land rights including disputes on ownership and use of property, environmental concerns arising out of real estate developments, licenses, leases, sales and purchases of property. This has been across several dispute resolution mechanisms including courts of law and specialized tribunals.
  • Acting for clients in high-value, complex and delicate commercial arbitrations including disputes on aviation insurance, aircraft ownership, construction and telecommunications.
  • Acting for the Registrar of Political Parties and the Independent Electoral and Boundaries Commission in political party disputes and election petitions in various forums including the Political Parties Dispute Tribunal and the High Court.
  • Conducting local and multi-jurisdictional legal due diligence on behalf of investors, advising on regulatory compliance across diverse industries including in the areas of public procurement and public-private partnerships, preparing and negotiating transactional documentation.

Highlights of notable matters handled

  • Successfully defended an election petition on behalf of the Independent Electoral & Boundaries Commission concerning the election of the Senator of Narok County [Narok EP 3 of 2017, Nkoidila Ole Lankas & anor vs. Independent Electoral & Boundaries Commission & 2 ors (unreported)].
  • Represented an aircraft owner and operator in arbitral proceedings concerning contractual interpretation and enforcement of an aviation policy in the context of an insurance claim against their insurer.
    Successfully prosecuted a petition challenging the constitutionality of a criminal prosecution for libel [Kurgat Marindany vs. Director of Public Prosecutions & 3 ors, (2017) eKLR].
  • Successfully overturned in the Court of Appeal an interlocutory ruling and order for attachment before judgment in a commercial dispute involving a foreign client [FTG Holland vs. Afapack Enterprises Ltd & anor (2016) eKLR].
  • Successfully reduced a defamation award of damages before the Court of Appeal on the principle that the status of a person affects the extent of injury suffered [Nation Newspapers Ltd vs. Peter Baraza Rabando (2016) eKLR].
  • Successfully defended Kenyatta University in constitutional and judicial review proceedings before the Employment and Labour Relations Court concerning the integrity of scholarly research [Dr. John Karanja Ngugi vs. Kenyatta University & anor (2016) eKLR].
  • Successfully defended a multi-million shilling defamation claim by a prominent Kenyan lawyer against Nation Media Group Limited [Cecil Guyana Miller vs. Nation Media Group Limited & anor (2016) eKLR].
  • Successfully defended Equity Bank Limited in an employment claim made against it worth Kshs. 35 million and had it struck out preliminarily [George Hiram Ndirang’u vs. Equity Bank Limited (2015) eKLR].
    Representing I & M Bank Limited in litigation concerning an avalised bill of exchange whose value is in excess of Kshs. 100 million [ongoing].
  • Representing Kenya Pipeline Corporation in multiple negligence suits against it arising from the Sinai slums tragedy [ongoing].
  • Successfully represented Kenya Commercial Bank Limited in cases challenging the exercise of its statutory powers of sale [for instance ELC 1419 of 2014 Peter Kamau Munene vs. Kenya Commercial Bank Limited (2015) eKLR].
  • Successfully defended an application for the grant of an interim measure of protection pending the determination of arbitral proceedings [Seven Twenty Investments Limited vs. Sandhoe Investment Kenya Ltd (2013) eKLR] and subsequently represented our client in the arbitral proceedings on a dispute concerning the sale and purchase of an aircraft.
  • Advised a foreign investor on the local content and preferential requirements of the Public Procurement and Asset Disposal Act, 2015 in relation to a multi-billion shilling investment.
  • Conducted and coordinated a multi-jurisdictional legal due diligence on a group of companies with subsidiaries in Kenya, Uganda and Rwanda on behalf of the private equity team of a Mauritius-based investment bank.
  • Conducted a comprehensive legal due diligence on a telecommunications licensee on behalf of a telecommunications company which intended to wholly acquire it.
  • Involved in advising foreign and local clients on privately initiated investment proposals under the Public Private Partnerships Act, 2013.

Membership in Professional Bodies

  • Law Society of Kenya