Isaac Kiche, MCIArb

Partner, Co-Head of Dispute Resolution
T: +254 20 272 7171 C: +254 709 830 100 E: ikiche@tripleoklaw.com W: https://www.tripleoklaw.com/

Kiche Co-Heads the Firm’s Dispute Resolution Team with over 10 years of work experience as Counsel rendering personalized, impactful and meaningful legal services to clients.

Kiche is an Arbitrator and a member of the Chartered Institute of Arbitrators. He is also a Mediator. Kiche is a member of the YMG Steering Committee of the Chartered Institute of Arbitrators, Kenya Branch. He is also a member of the Association of Turnaround & Insolvency Kenya. He is also a member of both the American and French Chamber of Commerce, Kenya.

Kiche has a specialty in banking and finance law, tax, employment law, arbitration, construction law, intellectual property, constitutional and human rights law, insolvency and company law.

He has made his contributions to jurisprudence in several instances, such as being part of the team that successfully represented several local bottlers against a contentious tax demand by the Kenya Revenue Authority on returnable containers for over Kshs. 5.6 billion. He was also part of the team that successfully represented a State Corporation in an oil shipping dispute with a value in excess of USD 11.3 million. He was co-Counsel in an international commercial arbitration between a Lebanese company and a Kenyan company on termination of a contract for corrupt practices. He successfully represented a telecommunications service provider in a copyright infringement claim involving a computer program. In the employment law sphere, Kiche successfully represented a State Corporation in the energy sector against a claim lodged by a senior manager for unfair termination arising from misuse of public resources and the case was dismissed both at the Employment and Labour Relations Court and Court of Appeal.

Kiche was assisting counsel in international commercial arbitration involving a financial service provider and a foreign university on recovery of loans advanced to the tune of USD 11.3 million. The case succeeded and an award was rendered in favour of the financial service provider and the awarded adopted by the High Court of Kenya.

Kiche was also part of the team that successfully represented a client at the Institute and Faculty of Actuaries (United Kingdom) against allegations of gross misconduct and integrity.

Qualifications: 

  • LLB (Hons.)
  • Member of the Chartered Institute of Arbitrators (MCIArb)
  • Certified Professional Mediator
  • Diploma in Law (KSL)

Memberships: 

  • Law Society of Kenya
  • Chartered Institute of Arbitrators
  • Mediation Training Institute (MTI) East Africa
  • Tax Committee of the Law Society of Kenya
  • East Africa Law Society

Key Matters

1. Tatu City

(Kenya’s first operational Special Economic Zone) concerning a winding up petition brought by a minority shareholder at the High Court and in the Court of Appeal. The matter value was USD 1.7 billion (KES 240 billion).
(The Kenyan state corporation that transports, stores, and delivers petroleum) in a claim by a leading African oil and petroleum manufacturing firm for approximately USD 74 million (KES 9 billion). We successfully challenged the arbitrators’ award against our client of the sum of USD 41.1 million (KES 5 billion) in the Kenyan High Court and successfully defended the subsequent appeal to the Court of Appeal.
he largest telecommunications provider in Kenya) regarding an arbitration dispute with a company based in the Republic of Lebanon arising from an alleged breach of contract. The outcome was positive – a substantial reduction of the award sought by the Claimant from a cumulative amount of USD 46.2 million (KES. 5.6 billion) to USD 542 thousand (KES 66 million).
(A consortium of bottlers) in a successful appeal challenging the decision of the High Court which upheld the Kenya Revenue Authority’s (the Kenyan state agency responsible for tax collection) demand for USD 41.6 million (KES 5.6 billion) in unpaid excise duty on returnable containers.
 (A commercial bank and the largest mortgage finance company in Kenya) in an alleged breach of contract by Kigio Group Limited valued at USD 4.17 million (KES 563 thousand).
(A structural engineering firm) in a claim against a Roads Agency for contract maladministration. The company was awarded over USD 3.3 million (KES 430 million).
(One of Africa’s leading petroleum distribution companies) in an employment dispute where a former employee alleged that he was unfairly dismissed and sought USD 1.2 million (KES 163.2 million).
(Kenya’s national carrier) in a successful appeal of the decision against our client awarding the Claimant (a former Director) USD 1.02 million (KES 142 million) on account of alleged unlawful termination.
(Leading financial service provider in East and Central Africa) at the Court of Appeal against a claim for over USD 1.01 million (KES 130 million) arising from units allocated to former employees in Equity Share Ownership Plan.
(Largest bank operating in Kenya) in a suit lodged against it by a property developer to stop it from exercising its statutory power of sale to recover over one billion. The case was dismissed.

Capabilites

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