info@smkadvocates.com
Call: +254-723 495 054, +254 737 604 951

Areas of Practice

Labour and Employment law

We advise on all aspects of the employment relationship including the minimum requirements under the Employment Act, 2007, minimum wages under the various employment sectors, formulation of redundancy programs, staff dismissals/terminations, retirement benefits, negotiation and enforcement of collective bargaining agreements and employee compensation schemes including employee share option agreements.

We also offer services in drafting of employment contracts, consultancy contracts, human resource manuals, work place sexual harassment policies etc.

Estate Planning, Wills and Intestacy

Estate planning entails anticipating and arranging during one’s lifetime for the management and disposal of a person’s assets at death. It ensures that one’s properties are inherited in accordance with one’s wishes and promises a smooth transition for the dependants of the deceased.
In this respect our services include the writing of wills and codicils to wills, advising on and assisting in setting up and operationalising of private trusts including the drafting and registration of the constitutive documents.

We also offer probate and administration services including the filing of petitions for grant of probate or letters of administration in the absence of a will, confirmation and distribution of estates.

Intellectual Property Law

We appreciate the need to protect the intangible assets that lie in intellectual property and are involved in advising and assisting our clients to secure this protection through registration of trademarks, patents, industrial designs, copyrights and plant breeder’s rights among others.

In relation to this, we advise on registrability, carry out searches and prepare applications for registration, follow up on approvals, attend to refusals and opposition proceedings, gazettement and issuance of certificates, and also file or defend invalidation/revocation /expungement proceedings.
We also attend to renewals, recording of assignments, licensing agreements, applications for change of name or address or applications for additional classes of goods or services trademarks among other related services.

We also represent clients in enforcement proceedings in relation to infringement of intellectual property rights.

Litigation and Alternative Dispute Resolution

Disputes, in every day to day engagement are at times inevitable. It is for this reason that we offer our clients litigation and arbitration services over and above the advisory services in the listed areas of practice.

We have developed extensive experience in litigation relating to employment disputes where we represent employees, employers and trade unions, commercial and contractual disputes, intellectual property disputes, pension disputes, public law litigations, real estate/environment, land use and planning disputes as well as organisational restructuring and insolvency proceedings.

We also represent clients in arbitration proceedings including the filing for interim relief pending referral of disputes to arbitration and the subsequent enforcement of arbitral award processes.

Company/Corporate / Commercial law

We provide legal advisory services to individuals, national and international companies looking to set up businesses in Kenya on the various forms and structures of business entities. We also advice on the regulatory and compliance requirements for the various types of entities on the basis of the sectors within which they operate.
We register business names, incorporate limited liability companies, trusts and foundations, SACCOs, social welfare groups and other forms of business entities.
We draft and review commercial agreements, standard form contracts, share sale agreements, shareholders agreements, employee share option schemes and agreements among other related services;

Legal Audits

Through legal audits we assist organisations to pro-actively identify and mitigate against legal risks thus saving time and money that would otherwise be spent in litigation and other forms of legal exposure and liability.
The audit entails an evaluation of the organisational structure, shareholder or operating agreements, insurance coverage, human resource documents including contracts of employment, review of template contracts used to engage contractors /suppliers, workplace safety and environmental concerns, protection of intellectual property, commercial and retail leases and outstanding litigation with a view to identifying the legal risks therein and advising on ways to mitigate against such risks.
The audit also lays a basis for an on-going legal compliance to ensure that the organisation’s goals, structure and operations are consistent with the latest developments in law.

Constitutional & Administrative Law

We have taken keen interest and developed expertise in constitutional and administrative law matters in relation to Kenya’s 2010 Constitution, Regional and International Human Rights Treaties and Conventions. We also advise clients on their rights under the Constitution and represent them in cases of infringement or threatened infringement or violation of or denial of rights. As its corporate social responsibility, the firm offers free or subsidized legal services to eligible groups or individuals who are the poor and vulnerable in order to strengthen and facilitate their access to justice. We partner with NGOs in undertaking public interest litigation which is globally acknowledged as a critical tool for testing, clarifying and shaping law, policy and practices in societies.

Conveyancing/Property Law & Securities

We advise clients in transactions relating to the sale or purchase of property by conducting due diligence to establish title to property, drafting/reviewing sale agreements, procuring all the necessary consents, drafting the transfer instruments and lodging them at the respective registries for valuation, stamping and registration. We also advise investors on project development and investment in real estate for commercial, industrial or residential purposes.

We have expertise in the creation and perfection of securities for banking and financial services institutions and are currently serving on the panel of several banks where we offer these services.

Immigration; Citizenship, Entry/ Work Permits, Investor Permits and Residence Permits

We advice on immigration laws and assist in obtaining the various forms of visas ranging from business or visitor visas, special passes for foreigners engaged in short-term work assignments in the country (up to six months), student passes and dependants’ passes.

We also assist in obtaining work permits for foreigners who possess specific/ specialised skills that are not locally available and whose services are required in the country, investor permits for persons seeking to invest substantially in the country, missionary permits and permits for persons seeking to set up professional practices in the country. We also assist with foreign nationals registrations.
We also apply for and obtain permanent residence and citizenship on behalf of eligible persons.

Registration and Regulatory Compliances by NGOs

We offer services relating to registration of national and international NGOs. This entails conducting of name searches, drafting constitutions, preparing the necessary applications and follow up.
We also advice NGOs on compliance requirements and assist NGOs in complying with compliance notices as and when called upon to do so by the Regulator, the NGOs Coordination Board.

Contact us

Talk to us on +254-723 495 054, +254 737 604 951, +254 20 5100080 or Email at info@smkadvocates.com