Steven Ngesa Advocates

Proven Results

Case Results & Experience

Past results do not guarantee future outcomes; each case is unique. Selected notable matters and experience.

Notable Cases

  • 1.Represented Senior Government Official charged with fraud in relation to the construction of Kshs 63B Kimwarer and Arror Dams matter. After review, the charges were later dropped.
  • 2.Represented a Global Engineering Construction Services Company in a dispute filed by a Global Bank in respect to the financing of the construction of a USD $500M petroleum products pipeline.
  • 3.Represented one of the largest Cement, Mining, and manufacturing companies in the region in employment-related class action suits valued at $500M.
  • 4.Represented KBS Management Limited in a Kshs 750M Employment and Labour relations class action suit filed by over 700 former employees.
  • 5.Successfully represented one-half of the consortium awarded the Kshs 5.6B Teachers Medical Insurance Scheme in proceedings before the Public Procurement Administrative Board.
  • 6.Represents one of the largest companies in the world (ODM/OEM for LED lighting) in a $900,000 fraud claim.
  • 7.Represented 2 foreigners charged with being in possession of $700M and €600M in fake currency (equivalent to Kshs 190B — largest haul of counterfeit currency in Africa).
  • 8.Represented corporates in respect to transactions worth Kshs 1.6B from Chase Bank and individuals charged with transactions valued at Kshs 29B that led to the collapse of Imperial Bank.
  • 9.Successfully defended a Mobile distributor in a USD $9M claim filed by Microsoft Mobile OY with respect to the supply and distribution agreement.
  • 10.Represented prominent families in succession matters, both opposed and unopposed.

Experience by Practice Area

Taxation Services

  • Advised over 20 Oil and Gas Exploration companies on legal and taxation matters, including contracting and taxation of expatriates, farm in/farm out transactions, and tax regime for oil and gas in Kenya.
  • Advised on structuring contracts and cross-border transactions for tax efficiency; assisted local and global companies in negotiating settlements with the KRA.
  • Represented clients at the Tax Appeals Tribunal, Income Tax Local Committee, VAT Tribunal, Customs and Excise Tribunal, and High Court.
  • Advised manufacturing and agricultural companies on tax incentives; assisted entities with EPZ set-up and status.
  • Conducted tax health-checks and voluntary disclosures; advised NGOs on tax treatment; advised four of the top five banks and assisted in resolving KRA audit disputes.

Mergers and Acquisitions

  • Advised two of the top five insurance companies with regional operations on business restructuring for tax planning.
  • Advised numerous multinationals on optimal set-up in Kenya from a legal and tax perspective.
  • Conducted legal and tax due diligence for buyers and sellers; advised on structuring M&A for optimal structures.

Corporate Finance and Commercial Law

  • Advised on company set-up and incorporation; advised on financing options (debt/equity, share swap, derivatives).

Conveyancing and Real Estate

  • Acted on behalf of the vendor in respect to a Kshs 2B sale of one of the oldest buildings along Kenyatta Avenue.

Litigation (Criminal, Civil & Administrative) and ADR

  • Representing the largest Mining and Manufacturing Company in East Africa in a case seeking to block the sale of its non-cement business valued at USD 400M.
  • Advised the largest regional distributor of chocolate & confectionery in respect of a multi-billion distribution agreement.
  • Represented seventeen companies sued by Imperial Bank in respect of an alleged Kshs 34B fraud scheme.
  • Part of the core legal team that advised the Government of Kenya on proceedings touching on the Security (Amendment) Act of 2014 before the High Court and Court of Appeal.
  • Represented four individuals charged with conspiring to defraud Imperial Bank of Kshs 29B; represented two foreigners charged with possession of counterfeit valued at Kshs 190B.
  • Represented one of the largest international beer brands in a multi-billion-shilling regional distribution agreement (High Court and Court of Appeal).
  • Represented the entire bench of the Supreme Court of Kenya (as constituted in 2015) in a defamation suit; represented a key witness in the Tribunal set up to investigate Supreme Court Justice Tunoi.

Employment and Labour Law

  • Employment and Labour Relations legal advisor to two of the largest hospitals, three hotels, and one of the largest Internet service providers in the country.
  • Represented the largest bus company in Kenya in a labour relations class action suit valued at Kshs 500M.

Immigration, Wills and Probate

  • Represented various companies and individuals in immigration matters including advisory, permit and citizenship applications, and criminal offences under Kenyan immigration laws.
  • Represented the administrators of the estate of one of the wealthiest prominent Kenyans in respect to grant of probate and management of the vast estate. Handling high profile divorce and children matters.
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