OUR EXPERTISE


Our Team at C.Mputhia Company Advocates is experienced in a multitude of practice areas globally with 25 years of cumulative experience.

OUR EXPERTISE IS IN THE FOLLOWING AREAS

  • C. Mputhia Advocates is a dynamic mid-sized law firm recognized for its strong commercial law expertise and commitment to delivering high-quality legal solutions across various sectors. Our team of skilled advocates provides strategic advice on corporate and commercial transactions, ensuring professionalism and precision in meeting the diverse needs of our clients.

    Our experience includes advising a global conservation entity on grant funding laws in Kenya, assisting in structuring agreements and compliance frameworks. We have also provided counsel to a Belgium-based global entity on angel and grant funding, guiding them through the regulatory landscape and financing documentation required for establishing operations in Kenya. Additionally, we have supported a global digital literacy organization on charity governance, offering legal guidance on business structuring, board charters, director nominations, work permits, taxation, and labor regulations.

    We have represented investors in joint ventures, conducting legal due diligence, company valuations, share transfers, and shareholder agreements. Our expertise extends to intellectual property rights protection and commercialization, particularly for innovators in geospatial information systems applied in public security, tax collection, and transportation. Furthermore, we have collaborated with Fladgate LLP on international arbitration under ICC regulations, handling a case seated in Cameroon. Through these engagements, we continue to provide tailored legal solutions that drive business success.

  • C. Mputhia Advocates offers corporate governance and financial advisory services tailored to meet the specific needs of clients in various industries. Our team provides guidance on establishing effective governance frameworks that promote transparency, accountability, and sustainable growth.

    Led by Dr. Cathy Mputhia, we advise clients on governance practices and financial planning to help businesses build long-term resilience and value. Our approach supports companies in sectors like banking, real estate, family-owned businesses, and technology in navigating regulatory requirements.

    Our experience includes advising a global conservation organization on grant funding laws in Kenya, assisting in the setup of governance structures and agreements. We have also provided counsel to a Belgium-based organization on regulatory compliance and financing documents to ensure alignment with Kenyan law. Additionally, we have supported a digital literacy charity in Kenya on business structure, board charters, director nominations, and labor issues.

    We have also worked with a family-owned tea factory on corporate governance and family trust formation, drafting shareholder agreements and forming family trusts. We assisted an investor in a joint venture with due diligence, company valuation, and shareholder agreements. Our team has also provided support for intellectual property protection and commercialization for an innovator in geospatial systems.

    We have advised a UK charity on restructuring from an NGO to a limited company by guarantee, managing incorporation and governance. Our experience also includes supporting the incorporation and governance of charitable organizations in the UK and the US, including drafting articles of association, guarantee agreements, and trust deeds.

  • C. Mputhia Advocates has become a leader in data protection, technology, and emerging legal fields. We provide data protection compliance and consultancy under the Data Protection Act 2019, ensuring clients follow best practices for privacy and security. Our expertise in ICT law spans regulatory, policy, and transactional support, with services covering ICT agreements for computer use, social media, software, web development, technology transfer, and AI.

    Our environmental law practice offers consultancy on regulatory compliance, NEMA licensing, and enforcement, guiding clients through Kenya’s environmental regulations. Our science and research division further supports clients with licensing, regulatory insights, and collaborative research agreements.

    In sports and entertainment, we provide legal services for media, publishing, production, and collaboration agreements. Additionally, our agriculture and food law services help clients with regulatory compliance and consultancy. We remain committed to empowering clients across various sectors with specialized legal expertise in emerging areas.

    Experience

    Data Protection

    Lead consultant for a donor-funded health institution on data protection compliance, including audit, policy drafting, governance setup, and obtaining Data Processor and Data Controller certification.

    Provided data protection advisory for a recruitment firm, ICT data firm, and a marketing firm, assisting with data protection policies and consent forms.

    ICT and Emerging Laws

    Advised a software developer for the Judiciary of Kenya on data protection and software agreements for a court transcribing software.

    ◦ Supported a local project manager implementing hospital software serviced from India, providing tri-partite advice and suitable agreements.

    Represented an investor in a financial technology joint venture company, drafting MOU, shareholder agreements, and technology transfer agreements.

    Sciences

    Represented a client in a medical negligence case and advised on legal compliance for a psychiatric clinic.

    Advised on human rights in science and research, social media defamation, incorporation of global science entities, research permits, and employment law for health institutions.

    Sports and Entertainment

    Acted on copyright and image rights disputes for leading singers and sports event attendees.

    Provided legal support to publications on trademarks, copyright, ISBN registration, licensing, and compliance.

    Supported various sports clubs on routine legal matters.

    Agriculture and Food

    Advised on corporate governance for family farms and tea associations, restructuring for tea companies, and sales of tea factories.

  • C. Mputhia Advocates has a dedicated in-house dispute resolution team, led by Dr. Cathy Mputhia, who brings over 19 years of post-admission experience. Our approach begins with a comprehensive assessment of each dispute, offering clients various strategies to manage and resolve their cases efficiently.

    We prioritize early-stage interventions such as negotiations, mediation, and out-of-court settlements to avoid escalation. For disputes that proceed to arbitration, we assist with all aspects of the process, including preliminary meetings, drafting pleadings, presenting evidence, and obtaining the final arbitral award. In litigation matters, we represent clients across all court levels, from small claims courts to the Supreme Court, providing complete support in legal advisory, document preparation, evidence presentation, and court proceedings.

    We also manage post-judgment litigation for both judgment debtors and decree holders, handling applications for stays of execution, appeals, and execution proceedings. Our team is committed to providing effective, customized solutions that meet the unique needs of our clients.

    Our experience includes facilitating mediation for a family-owned business to establish governance documents, as well as mediating labor, child, and land disputes. In arbitration, we have successfully handled a Ksh 3 billion intellectual property arbitration and multiple claims for supply companies.

    In litigation, we have represented clients in matters such as wrongful termination, defamation, intellectual property, dual citizenship, and land disputes, securing favorable outcomes, including significant cases involving land fraud and intellectual property valued at Ksh 3 billion, along with claims against both public and private entities.

  • C. Mputhia Advocates offers specialized legal advisory services tailored for family-owned businesses through our CMP Family Business Advisory™. We recognize the unique challenges that family enterprises face and focus on both relational and governance aspects crucial for long-term success and continuity.

    Our services encompass comprehensive family governance, including establishing family councils or advisory boards and drafting family constitutions. We assist in creating policies for employment, dividend distribution, redemption, and family dispute resolution, ensuring smooth and harmonious operations. On the business governance side, we review and refine essential documents such as articles of association, shareholder agreements, and board charters, aligning them with both family objectives and industry standards.

    We also support family businesses in setting up effective advisory boards, appointing independent directors, and establishing family trusts to protect assets across generations. With C. Mputhia Advocates, family-owned businesses receive expert legal guidance that balances family values with strong governance practices to support sustainable growth.

    Our experience includes facilitating the incorporation of a family-owned wealth management company, managing the transfer of key assets from the family’s patriarch and matriarch into a family investment company, and successfully securing an exemption application for the transaction to protect assets against succession and external claims.

    We have also advised on the incorporation of a professional services hybrid company, structuring share classes to create Class A shares for family portions and Class B shares for management, and finalizing the shareholder agreement. In the area of offshore holdings, we guided a family business in incorporating an offshore holding company to secure a majority stake in their business.

    In corporate restructuring, we assisted a family-owned hotel with amending its articles of association, particularly regarding share transfer, transmission, and dispute resolution. We also supported setting up a family council, drafting a family constitution, execution board, and family policies. For another family firm, we helped create a family constitution, employment policies, dividend policies, and participated in various stakeholder forums.

    For a leading family business, we revised articles of association and drafted a shareholder agreement to protect shareholding and prevent third-party sales, also ensuring that shareholding rights remain unaffected by probate or succession disputes. We also amended a dispute resolution clause to include out-of-court settlement and mediation.

    Additionally, we developed a shareholder agreement that aligns family and non-family shareholders, preserving the founder’s vision, creating distinct share classes—beneficial and management. We also provided guidance on a share swap agreement involving a separated couple across companies in Kenya and Uganda, and advised on the restructuring of a family-owned tea factory, reviewing the articles of association and drafting a shareholder agreement between family members and an investor. Finally, we were involved in a family and business magazine publication.

  • C. Mputhia Advocates offers specialized legal services in intellectual property (IP) rights, including the registration of trademarks, copyrights, utility models, industrial designs, and patents. We support clients in maximizing the value of their intellectual property through effective commercialization strategies, providing advisory services on IP valuation, assignments, licensing, sales, joint ventures, and technology transfers.

    Our enforcement services include handling cease-and-desist actions, filing complaints, obtaining Anton Piller orders, securing delivery-up orders, seeking account for profits, issuing injunctions, claiming damages, and drafting corporate policies for IP protection.

    Under the leadership of Dr. Cathy Mputhia, an experienced advisor in intellectual property law with an LLB from the University of Nairobi, an LLM from the University of Salford, and certification as a Patent Agent (KIPI), our team brings specialized expertise to each engagement. Dr. Mputhia’s contributions to intellectual property law have earned her an honorary LLD. Our team consists of five advocates, two researchers, and two clerks, ensuring dedicated and comprehensive support for all intellectual property matters.

    Our relevant experience in intellectual property includes drafting the Copyright Regulations for Eswatini under the Copyright Act, commissioned by the World Intellectual Property Organization (WIPO), and developing Collective Management Organisation (CMO) regulations for Eswatini, also for WIPO. Additionally, we conducted a research study on intellectual property rights harmonization for the East African Community, commissioned by the Kenya Association of Manufacturers.

    We have also represented clients in IP enforcement, such as defending a fintech company in a copyright infringement case, resulting in the removal of infringing content. Our team has acted for developers in joint venture and equity investment projects, specifically in Geographic Information Systems (GIS) solutions, and registered utility models, including shopping cart systems and remote weighing systems.

    We have secured trademarks across various industries, including coaching, publishing, real estate, consultancy, and legal services. Additionally, we represented a singer in a copyright infringement case involving unauthorized use of a song in a movie, and handled trademark assignment and renewal registrations for an entertainment firm. We also provide training and conduct talks on intellectual property matters to further educate and empower businesses.

  • Our land services include conveyancing, such as the registration of transfers, leases, and various land interests, as well as thorough due diligence and title verification. We also offer expert drafting services for leases, licenses, and land agreements, alongside conducting policy and research studies to promote sustainable land use practices.

    In environmental law, we provide expertise in environmental impact assessments, advocacy on environmental rights, and advisory services for infrastructure projects, ensuring that clients comply with relevant regulations and adopt sustainable practices.

    Led by Dr. Cathy Mputhia, a seasoned practitioner with extensive experience in land, environmental, and infrastructure law, our team also includes Zipporah Mutungi, an environmental lawyer with an LLM in Environmental Law from the University of Cape Town. Zipporah brings significant consultancy experience in sustainable development and large-scale environmental impact. Together, we offer exceptional guidance in navigating complex land and environmental issues.

    Our experience includes advising a global conservation entity on grant funding laws in Kenya, ensuring compliance in structuring agreements. We have represented fractional homeowners in a dispute with a developer regarding shareholder rights and board accountability in fractional share agreements.

    We have provided legal counsel to an engineering firm on land rights, compulsory acquisition, environmental compliance, gender policy, and community welfare for major infrastructure projects, including dams, settlements, housing, and roads. Key projects we advised on include the Roads 2000 program in Central Kenya, the design and construction of Meru bypass roads, the Maji ya Chumvi – Bachuma section on Mombasa Road, the design and review of A104 Njoro turn-off interchanges, the Mwania/Mwongoni dam project, and various water supply and sanitation projects in Kerogoya and Kutus.

    Additionally, we have conducted legislative reviews and monitored compliance with health and safety regulations during construction, ensuring adherence to environmental policy, legislation, and compliance standards across various projects.

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