Elias J. Masika

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

Elias is a dispute resolution expert with more than 19 years of post-university experience.

He started his career in maritime and international law. His current dispute practice is broad covering among other areas energy, environmental, and natural resources law. In energy, he has notably worked in high-profile matters for several international players.

He also has experience handling sports and entertainment law matters. Testament to his experience in these areas he has represented clients in several important cases before Kenya’s Court of Arbitration for Sports. He has been recognized for his dispute work in The Legal 500 EMEA rankings of 2023.  Elias is also currently the partner in charge of the firm’s pro bono scheme which oversees the provision of free legal services to needy members of society. 

Qualifications:

  • LLM (Hons.) Energy and Natural Resources
  • LLB (Hons)
  • Diploma in Law (KSL)
  • Certified Public Secretary (K)

Memberships: 

  • Law Society of Kenya
  • East African Law Society
  • Institute of Certified Public Secretaries

Key Matters

1. Standard Media

(One of the leading multi-media houses in Kenya) in an appeal challenging the government’s implementation of migration to digital broadcasting and the resultant impact on the media industry in Kenya valued at USD 293 million.
(A regulatory body that develops the Kenyan retirement benefits sector) in connection with a pension dispute affecting 949 pensioners with an approximately USD 59 million (KES 8 billion) matter value. 
(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.
(A consortium of bottlers) in a successful appeal challenging the decision of the High Court which upheld collection) demand for USD 41.6 million (KES 5.6 billion) in unpaid excise duty on returnable containers by the Kenya Revenue Authority (KRA).
(A leading systems integration company in East and Central Africa) in an arbitration dispute with an estimated matter value of USD 37 million (KES 5.1 billion). The dispute involved Geothermal Development Company Limited (a Kenyan state corporation that develops geothermal energy) for breach of a contract awarded to our client for the provision of drilling consultancy services and the 35 MW Menengai Geothermal Project.
(The largest telecommunications provider in Kenya) after KRA issued an agency notice to our client declaring them as agents for Pevans East Africa (Pevans). This consequently required them to USD 24 million (KES 3.3 billion) the alleged tax due from the taxpayer. Pevans filed for Judicial Review regarding the tax assessment of the said amount which KRA deemed as withholding tax. Safaricom was joined as an interested party owing to its M-PESA mobile payment system for purposes of undertaking the M-PESA services for Betting and Gaming.
(The state corporation that transports, stores, and delivers petroleum) in lodging a claim against Kobil for an alleged breach of a transport and storage contract valued at USD 22.3 million (KES 3 billion).
(The financial sector’s leading advocacy group) in an alleged breach of the Constitution of Kenya and a violation of the Persons with Disabilities Act, the Public Health Act, and the UN Convention on the Rights of the Persons with Disabilities valued at USD 7.3 million (KES 1.03 billion).
(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). 
(An animal health and nutrition company) in successfully appealing Kenya Revenue Authority’s (KRA) imposition of a 25% excise duty on all imports instead of the required 10% before The Tax Appeals Tribunal valued at USD 86 thousand (KES 11.9 million).

Capabilites

Insights