Nyaberi And Co. Advocates, Commissioners for Oaths and Notary Public

01Criminal Cases - National courts and International Tribunals namely ICTR, ICTY, SCSL, ICJ and ICC among others.

The National Courts include:

Court of Appeal
The Court of Appeal is the highest court in the land and established under Section 64 of the Constitution. Its function is to hear appeals from the High Court in certain matters.
The Court of Appeal is situated in Nairobi but it periodically holds its sessions in Mombasa, Kisumu, Nakuru, Nyeri and Eldoret.

High Court
The High Court is the second court in the hierarchy. It is established under Section 60 of the Constitution. The court may hear both criminal and civil matters. The High Court in Nairobi has the following specialized divisions:

• Family Division
• Criminal Division
• Civil Division
• Commercial Division
• Constitutional and Judicial Review Division

There are fifteen (15) High Court stations in the country. These are: Nairobi, Milimani, Kisumu, Kisii, Bungoma, Kakamega, Nakuru, Eldoret, Kitale, Embu, Nyeri, Mombasa, Malindi, Meru, Machakos with sub registries in Kericho and Busia.

Magistrates Courts
Magistrates Courts are created under the Magistrates Courts Act (Chapter 10 of the Laws of Kenya). They handle civil and criminal matters depending on the rank of the magistrate. The higher the rank of the magistrate, the bigger the case he can handle. The hierarchy of Magistrates in descending order is as follows:

• Chief Magistrate
• Senior Principal Magistrate
• Principal Magistrate
• Senior Resident Magistrate
• Resident Magistrate
• District Magistrate

There are one hundred and five (105) Magistrates Courts in the country.

Kadhis Courts
Kadhis Courts are established under section 66 of the Constitution. Their operations are regulated under the Kadhis Courts Act (Chapter 11 of the Laws of Kenya). Kadhis Courts deal with matters relating to personal status, marriage, divorce, inheritance in proceedings in which both parties profess the Muslim faith. Kadhis Courts are subordinate to the High Court.

There are fifteen (15) Kadhis Court stations in the country, namely, Mombasa, Garissa, Lamu, Marsabit, Bungoma, Kisumu, Isiolo, Eldoret, Wajir, Nairobi, Nyeri, Nakuru, Kwale, Hola and Malindi.

The International Tribunals are:

International Criminal Tribunal For Rwanda (ICTR)
Recognizing that serious violations of humanitarian law were committed in Rwanda, and acting under Chapter VII of the United Nations Charter, the Security Council created the International Criminal Tribunal for Rwanda (ICTR) by resolution 955 of 8 November 1994. The International Criminal Tribunal for Rwanda was established for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda between 1 January 1994 and 31 December 1994. ICTR's Website

International Criminal Tribunal For The Former Yugoslavia (ICTY)
he International Criminal Tribunal for the former Yugoslavia (ICTY) is a United Nations court of law dealing with war crimes that took place during the conflicts in the Balkans in the 1990’s. ICTY's Website

Special Court For Sierra Leone (SCSL)
The Special Court for Sierra Leone was set up jointly by the Government of Sierra Leone and the United Nations. It is mandated to try those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996. SCSL Website

International Court Of Justice (ICJ)
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. ICJ's Website

International Criminal Court (ICC)
The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. ICC's Website

02 Civil and Contract Litigation

Debt Collection

• Making appropriate demands, instituting and prosecution of attendant litigation, execution of decree and realization of the debt.

Land Litigation

• Undertaking litigation concerning title to land and other related interests.
• Acquisition of title by prescription.

Landlord / Tenant Litigation

• Disputes concerning leases, tenancies , licenses and other interests in land and premises.
• Litigation under the Rent Control Act, the Landlord & Tenant (shops, hotels and catering establishments) Act, controlled and de-controlled tenancies and rights thereunder.

Travel & Tourism Law

• Litigation concerning travel under the Shipping Act, Travel by Air Act, IATA Regulation.
• Rights and obligations of tourists and other non-residents.
• Carriage by Air.
• Litigation under the Kenya Railways Corporation Act.

Employment Law

• Litigation concerning rights of workers, employers and all matters concerning the Employment Act, Foreign Employment Contract Act, etc.

Defamation & Media Law

• Claims for Libel and Slander
• The rights and obligations of media operators, advertisers, etc.

Commercial matters

• Agreements
• Memorandus
• Sale of goods and properties.

Environmental Claims

• Abuse of environments contrary to the Environmental Act.
• Claiming environmental rights.
• Nuisance, negligence and environmental protection.
• Nyaberi & Co. in collaboration with ICESPS, provides free environment legal services. Environmental rights and protection thereto are some of the areas that are not well addressed locally and even internationally. Africa is coupled with civil strives and economic hardships which tends to put the governments and the inhabitants not to look at environmental concerns as of any priority due to quest for survival. This has not only led to depletion of natural resources but also severe degradation of the environment through especially human activities on it. As much as many NGOs have tried to fight for environmental protection, it appears that unlike human rights advocacy whereby legal actions have been successfully undertaken, environmental rights have long been ignored. We have not had a serious NGO that is focusing on assisting the poor and the affected to institute free legal actions against those involved in environmental degradation. ICESPS Legal Aid Programme has come up with the department to address the issues so that the disadvantaged and the affected may realize their environmental rights through free legal representation.

Constitutional Litigation

• Litigation under Section 84 of the Constitution for the enforcement of rights conferred by Sections 70 - 83 of the Constitution.
• Constitutional interpretation litigation.
• Election petitions.

Hire Purchase / Franchising

• Litigation under the Hire Purchase Act.
• Franchising litigation.

General

• Litigation in the general area of claims between citizens.

03 Conveyancing and Property Law

Drawing, Registration of Transfers / Conveyances, Charges, Mortgages, Debentures and other security documentation.

• Preparation and registration of all forms of property transfer documents in the sale of movable and immovable property.
• Preparation and registration of leases and licenses over property.
• Preparation and registration of all forms of security documentation over real and personal property.
• Creation of all forms of securities to facilitate bank lending and other forms of raising capital by corporations.

Drawing and Registration of Leases, Tenancy Agreements, Commercial Contract and Trust Deeds, Powers of Attorney and other agency documents.

Syndicated Lending, Joint Ventures

• Preparation of contract documents and representing parties to joint ventures.
• Carrying out due diligence searches and advising on legal and taxation regimes applicable to the transaction.

04 Probate & Estate Administration

Wills

• Drawing Wills, proving.

Succession Litigation

• Application for grant of representation.
• Distribution of Estate.

Trusteeship Work

• Executorship of Wills.
• Acting as Trustees under deed.

05 Business Law

Telecommunications Law

• Representation of parties in telecommunication contracts, consumer claims, frequency sharing disputes etc.

Investment Law, Capital Markets

• Representing investors in company organizations, floatations and placements, public issues and all matters pertaining thereto, including advising on the requirements of the regulatory authorities and preparation of the necessary documentation.

Company Incorporation, Reconstruction, Mergers, Takeovers and Privatization

• Advising on issues and preparation of the necessary documentation and compliance procedures, and observance of the regulatory regime.

International Trade Law, Bills of Exchange, Bills of Sale and Trans-National Contracts

• Preparation of documents, advising and representing parties to transactions and the cross-border litigation.

06 Arbitration and Alternative Dispute Resolution (ADR)

• Acting as arbitrator.
• representing parties before arbitrators.
• Mediation and reconciliation.
• Representing contractors and developers in arbitration matters.

07 Intellectual Property Law

• Trade marks and patents.
• Franchising.
• E-Commerce litigation.
• Copyright law.

08 Insurance Law

• Personal injury claims and litigation.
• Advising on all legal aspects of insurance and re-insurance.
• Motor and other accident claims.
• Negligence claims generally.