Skills Statement

C. Mputhia Advocates is a dynamic mid-sized law firm recognized for its robust commercial law services and its dedication to delivering high-quality legal solutions across various sectors. Our team of skilled advocates provides expert advice on corporate and commercial transactions meeting the diverse needs of our clients with professionalism and precision.

Experience

• Advised a global conservation entity on grant funding laws in Kenya, assisting in setting up appropriate structures and agreements.

• Provided counsel on angel and grant funding for a global entity based in Belgium establishing operations in Kenya, including regulatory environment, compliance, and financing document review.

• Supported a global digital literacy entity on charity governance in Kenya, advising on business structure, board charter, director nominations, work permits, tax, and labor issues.

• Represented an investor in a joint venture, conducting legal due diligence, company valuation, share transfer agreements, and shareholder agreements.

• Provided intellectual property rights protection and commercialization services for an innovator in geospatial information systems used in public security, tax collection, and transportation.

• Collaborated with Fladgate LLP on international arbitration laws under the ICC, with a case seated in Cameroon

Skills Statement

C. Mputhia Advocates provides specialized corporate governance and finance advisory services tailored to meet the diverse needs of clients across multiple industries. Our team brings expertise in guiding organizations on best practices in corporate governance, helping to establish effective governance structures that foster transparency, accountability, and strategic growth.

Led by Dr. Cathy Mputhia, our team advises clients on sustainable governance practices and financial planning to drive long-term resilience and value. With our tailored approach, we empower entities in sectors such as banking, real estate, family-owned businesses, and technology to navigate complex regulatory landscapes confidently and effectively.

Experience:

• Advised a global conservation entity on grant funding laws in Kenya and helped set up governance structures and agreements.

• Counseled a Belgium-based global entity on the regulatory environment, compliance, and financing documents to ensure compliance with Kenyan laws.

• Advised a digital literacy charity on Kenyan governance, including business structure, board

• charter, director nominations, and labor issues.

• Provided corporate governance and family trust formation advice to a family-owned tea factory, drafting a shareholders’ agreement and forming a family trust.

• Represented an investor in a joint venture, handling due diligence, company valuation, and shareholder agreements.

• Supported intellectual property protection and commercialization for an innovator in geospatial systems.

• Advised a leading UK charity on restructuring from an NGO to a limited company by guarantee, overseeing incorporation and governance.

• Managed the incorporation and governance of UK and American charitable organizations, 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 boasts a highly skilled in-house dispute resolution team, led by Dr. Cathy Mputhia, an advocate with over 19 years of post-admission experience. Our approach begins with a thorough assessment of each dispute, presenting clients with a range of strategies to manage and resolve their cases effectively.

Our team emphasizes early-stage interventions, including negotiations, mediation, and out-of-court settlements to prevent escalation. When disputes proceed to arbitration, we assist with the full process—preliminary meetings, drafting pleadings, and presenting evidence through to the final arbitral award. For cases requiring litigation, we represent clients across all court levels, from small claims to the Supreme Court, providing comprehensive support in legal advisory, document preparation, evidence presentation, and court proceedings.

We also handle post-judgment litigation for both judgment debtors and decree holders, managing applications for stays of execution, appeals, and execution proceedings. Our dedicated team ensures effective, tailored solutions to meet our clients' needs.

Experience

• Mediation

◦ Facilitated mediation for a family-owned business to establish governance documents, as well as mediation for labor, child matters, and land disputes.

• Arbitration

◦ Successfully handled a Ksh 3 billion intellectual property arbitration and numerous arbitration claims for supply companies.

• Litigation

◦ Represented clients in cases of wrongful termination, defamation, intellectual property, dual citizenship, and land disputes, securing favorable judgments and awards, including notable cases involving land fraud, intellectual property worth Ksh 3 billion, and various claims against public and private entities.

C. Mputhia Advocates provides specialized legal advisory services tailored for family-owned businesses through our CMP Family Business Advisory™. Understanding the unique dynamics of family enterprises, we focus on both the relational and governance aspects essential for long-term success and continuity.

Our services cover comprehensive family governance, including the establishment of family councils or advisory boards and drafting family constitutions. We create policies for employment, dividend distribution, redemption, and family dispute resolution to ensure harmonious operations. On the business governance side, we review and refine critical documents like articles of association, shareholder agreements, and board charters, aligning them with family goals and industry standards.

Additionally, we support family businesses in establishing effective advisory boards, appointing independent directors, and creating family trusts to safeguard assets across generations. With C. Mputhia Advocates, family-owned businesses receive expert legal guidance that balances familial values with robust governance practices for sustainable growth.

Experience:

• Incorporation of a family-owned wealth management company: Facilitated the transfer of key assets from the family’s patriarch and matriarch into a family investment company, with a successful exemption application on the transaction. This move aimed to secure the family assets against succession and external third-party claims.

• Professional services hybrid company incorporation: Advised on structuring share classes, creating Class A shares for family-owned portions and Class B shares for management. We finalized a shareholder agreement.

• Offshore holding company advisory: Provided guidance on incorporating an offshore holding company to secure a majority stake in the family business.

• Corporate restructuring of a family-owned hotel: Advised on amending articles of association, including redrafting clauses for share transfer, transmission, and dispute resolution. Additionally, we assisted in setting up the family council, drafting a family constitution, an execution board, and family policies.

• Corporate restructuring of a family-owned firm: Counseled on creating a family constitution, family council, employment policy, and dividend policies. We participated in multiple stakeholder forums.

• Restructuring of a leading family business: Revised the articles of association and drafted a shareholder agreement to protect shareholding within the company and prevent third-party sales. Drafted a transmission clause ensuring shareholding rights remain unaffected by probate or succession disputes.

• Dispute resolution clause amendment: Amended the dispute resolution clause to incorporate out-of-court settlement and mediation for a family business.

• Shareholder agreement drafting: Developed a shareholder agreement to ensure alignment between family and non-family shareholders, preserving the founder’s vision. We created two distinct share classes—beneficial and management—and an agreement between the two.

• Share swap agreement advisory: Counseled on a share swap agreement involving a separated couple, across companies in Kenya and Uganda.

• Advisory for a family-owned tea factory: Reviewed the articles of association and crafted a shareholder agreement between family members and an investor, forming two special purpose companies for beneficiaries and company management.

• Family and business magazine publication.

C. Mputhia Advocates provides expert legal services in intellectual property rights, including the registration of trademarks, copyrights, utility models, industrial designs, and patents. We assist clients in maximizing the value of their intellectual property through commercialization strategies, offering advisory on valuation, assignments, licensing, sales, joint ventures, and technology transfers.

Our enforcement services cover cease-and-desist actions, complaints, Anton Piller orders, delivery up, account for profit, injunctions, damages, and drafting of corporate policies on intellectual property protection.

Led by 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 knowledge to each engagement. Dr. Mputhia’s achievements include an honorary LLD for her contributions to intellectual property rights. Our team comprises five advocates, two researchers, and two clerks, ensuring dedicated support for all intellectual property transactions.

Relevant Experience in Intellectual Property Rights:

• Copyright Regulations for Eswatini: Drafted the Copyright Regulations under the Copyright Act for the Kingdom of Eswatini, commissioned by the World Intellectual Property Organization (WIPO).

• Collective Management Organisation (CMO) regulations for Eswatini: Developed the CMO regulations, also for WIPO.

• EAC Intellectual Property harmonization study: Conducted research on intellectual property rights harmonization for the East African Community, commissioned by the Kenya Association of Manufacturers.

• Copyright infringement defense for a fintech: Represented a fintech company in a copyright infringement claim, resulting in the removal of infringing content.

• GIS solutions joint venture and equity investment advisory: Acted for the developer.

• Utility model registration: Registered utility models, including shopping cart systems and remote weighing systems.

• Trademark registration: Secured trademarks across multiple industries, including coaching, publishing, real estate, consultancy, and legal services.

• Copyright infringement case for a singer: Represented a singer in a copyright dispute involving unauthorized use of a song in a movie.

• Trademark assignment and renewal registration: Registered several trademark assignments and renewals for an entertainment firm.

• Intellectual property training and talks.

C. Mputhia Advocates is a leading law firm in land, environment, and climate change advisory, offering comprehensive legal solutions in these critical sectors.

Our land services encompass conveyancing, including the registration of transfers, leases, and various land interests, alongside thorough due diligence and title verification. We also provide expert drafting services for leases, licenses, and land agreements, and conduct policy and research studies to support sustainable land use practices.

In environmental law, we offer expertise in environmental impact assessments, advocacy on environmental rights, and advisory services for infrastructure projects, ensuring compliance and sustainable practices.

Dr. Cathy Mputhia, a seasoned practitioner, has led numerous complex cases and advisories on land, environmental, and infrastructure projects throughout her career. Joining her, Zipporah Mutungi, an environmental lawyer with an LLM in Environmental Law from the University of Cape Town, brings significant consultancy experience in sustainable development and large-scale environmental impact. Together, our team provides exceptional guidance in navigating land and environmental law.

Experience:

• Global conservation entity advisory on grant funding laws in Kenya: Supported the client in structuring compliant agreements.

• Representation for fractional homeowners: Acted for 25 homeowners in a dispute with a developer, addressing shareholder rights and board accountability in fractional share agreements.

• Infrastructure advisory for an engineering firm: Provided comprehensive legal counsel on land rights, compulsory acquisition, environmental compliance, gender policy, and community welfare for significant projects, including dams, settlements, housing, and roads.

• Advisory for various projects with an engineering company: Key projects included:

◦ Roads 2000 program, Central Kenya phase 2, Kiambu region (GOK/AFD-funded)

◦ Design, review, and construction supervision of Meru bypass roads

◦ Design, review, and construction of Maji ya Chumvi – Bachuma section on Mombasa Road

◦ Design review and supervision of the A104 Njoro turn-off interchanges

◦ Mwania/Mwongoni dam project (ADB-funded)

◦ Water supply and sanitation projects in Kerogoya and Kutus

◦ Environmental policy, legislation, and compliance: Conducted legislative reviews and monitored compliance on health and safety regulations during construction.