Steven Ngesa Advocates

What We Do

Practice Areas

Full range of legal services with leading expertise across dispute resolution, tax, corporate, real estate, and more.

Litigation and Alternative Dispute Resolution

We have an effective litigation and dispute resolution team that uses its experience, trusted judgment and insights to develop a customized strategy to every dispute. We provide concise legal advice while keeping up to date with changes in the law, be it statutory or case law, so that our clients obtain high quality and practical legal advice and a sound approach towards settling legal issues before the courts, tribunals or through alternative dispute resolution methods. Our lawyers employ the most appropriate strategy in all disputes using innovative, skillful and persuasive advocacy techniques. The Firm handles both civil and criminal matters with extensive scope of knowledge and expertise in litigation.

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Data Protection & Cyber Security

The Data Protection Act was enacted in 2019 to accentuate Article 31(c) and (d) of the Constitution of Kenya (2010) which recognizes a person's Right to Privacy. We walk with your organization to ensure full compliance through: advisories on compliance and consent management; training and webinars; Data Protection Officer services; Data Protection Impact Assessments, audits and reviews; review of documentation (policies, incident response plans, privacy notices); registration as data processors/controllers; and dispute resolution before the Data Commissioner or courts.

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Risk Management, Assessment and Advisory Services

We specialize in proactive risk management to help organizations identify potential risks early and implement strategies that eliminate or reduce the likelihood and impact of negative events. Our approach includes risk identification, analysis and evaluation, mitigation, and monitoring and review. Services include: risk prevention and screening (background checks—identification, education, credit, criminal and sanctions); risk assessments; and risk management planning.

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Taxation Services

Kenya's tax regime is complex; we have an established tax practice dedicated to enhanced understanding and compliance and enforcement of our clients' rights. Our services include: Tax Litigation—advising on disputes, representation in court, interpretation of tax laws, and obtaining court orders; Tax Transaction Advisory—Income Tax, International Tax, VAT, employment services, transaction advisory, business set-up, restructuring, M&A, repatriation, inter-company transactions, financing; Ad hoc advisory; Tax Compliance—review of accounts, income tax computation, returns and KRA submissions; KRA audit support—managing audits and resolving issues; and Tax health-checks—risk profile and compliance review.

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Banking and Finance Law

Banking and financial institutions face strict reporting and governance requirements. Our experience covers advice and representation in lending and regulatory compliance, fiduciary activities, securitizations, payment systems, electronic banking, data security and risk management. We also advise insurance companies, hospitals, telecommunication companies and other corporates on raising capital locally and internationally, debt acquisition financing and rights issues.

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Mergers and Acquisitions / Corporate and Commercial Law

We advise both local and international clients on the acquisition of shares, transfer of business or other assets, and have acted for acquirers, sellers and financiers. We represent clients in seeking approvals from relevant authorities and prepare sale and purchase agreements and advise on joint ventures. Our corporate and commercial department advises on company set-up, optimal options for international investors, restructuring, regulatory and licensing, compliance, drafting of documentation, bank security documents (debentures, mortgages, charges), and new product structures for financial services intermediaries.

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Immigration Services

We have considerable experience in immigration matters: advising on and making applications for citizenship; applying for permits and passes; processing of documents; advice to multinationals that hire expatriates; appeals and reviews; and criminal matters in respect of the immigration laws of Kenya including unlawful residency, repatriation and deportation.

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Conveyancing and Real Estate

We provide representation and advice on the sale, purchase and leasing of properties, international property transactions, landlord and tenant matters, acquisitions and joint ventures involving real estate, and property management advisory. We also advise on taxation issues around transfer of property (capital gains tax, VAT, Stamp Duty) and optimal transfer options to minimize adverse tax implications.

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Employment and Labour Law

We provide legal advice on employment and labour laws to corporate clients and individuals: employment contracts, labour relations, trade unions, recruitment, termination, redundancy, unfair dismissals, pension and retirement benefits, insurance, health and safety, non-disclosure and non-compete agreements, claims and benefits. We have experience in class action suits and labour disputes before the Employment and Labour Relations Court.

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Intellectual Property Law

We have considerable experience in securing and enforcing legal rights to inventions, designs and artistic works, including registration of trademarks, patents and copyrights.

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Family Law

We provide advice and legal representation in family law including family relationships, adoption, divorce, alimony, child custody and maintenance. We provide advice tailor-made to each situation to ensure our clients' objectives are met.

Wills and Probate

We have extensive knowledge in wills, probate and administration of estates: drafting and execution of wills and powers of attorney; administration of estates; Petitions for Grant of Probate (with or without a written will); citation of executors; and accounting by administrators.

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Further Practice Areas

  • Debt Recovery and Receivership — Advice and representation in debt recovery, receivership, bankruptcy and liquidation.
  • Insurance — Insurance policies and claims, regulation of insurance companies, claim handling and insurance fraud.
  • Constitutional and Administrative Law — Separation of powers, abuse of power, enforcement of constitutional rights, fair administrative action.
  • Energy and Resources — Production Sharing Contracts, tax regime for petroleum companies, farm down transactions, advisory for oil and gas in East Africa.
  • Telecommunications — Licensing, e-commerce, consumer rights, data protection, competition and compliance.
  • Public Procurement — Advice to procuring entities and representation before the Public Procurement Authority Review Board.
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