James Ochieng’ Oduol, C.Arb, FCIArb

Senior Partner, Dispute Resolution
T: +254 20 272 7171 C: +254 709 830 100 E: jochieng@tripleoklaw.com W: https://www.tripleoklaw.com/

“He has great interpersonal skills and is very patient with clients.” – Chambers and Partners 2025.

James is recognized as one of Kenya’s leading dispute lawyers. He is an astute practitioner, with a career spanning over 36 years.

He is versatile and experienced in diverse areas of complex commercial litigation encompassing tax, banking, insurance, and many others. As a Senior Partner, he has litigated several landmark cases that have made important contributions to jurisprudence in Kenya. He is a master of constitutional interpretation and has successfully argued important cases on the recognition and enforcement of fundamental rights in the Constitutional Courts. He is described as a captivating presence in the courtroom. He advises many high-profile clients in a variety of sectors ranging from automotive, banking, manufacturing, and construction, as well as public sector institutions. 

James is a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators. He holds a master’s degree in The Role of Law in Development and Economic Law from The University of Warwick. He is a member of the Judiciary’s Chitembwe Tribunal, a tribunal formed in May 2022 to investigate the allegations of judicial misconduct of a former Kenyan High Court Judge.

He has won many accolades for his work including most recently a Band 1 ranking in Dispute Resolution by leading global directory Chambers and Partners in 2024.

Qualifications: 

  • LLM (The Role of Law in Development and Economic Law)
  • LLB (Hons.)
  • Chartered Arbitrator
  • Diploma in Law (KSL)
  • Certified Public Secretary (K)

Memberships: 

  • Law Society of Kenya
  • East Africa Law Society
  • Commonwealth Lawyers Association
  • Chartered Institute of Arbitrators

Key Matters

1. Equity Bank

(The largest bank in the East Africa Region with assets of USD 11 billion) in a claim by Kenya’s Banking, Insurance, and Finance Union seeking orders that a wide range of the Bank’s employees were unionized employees and thus the Bank was required to pay monthly agency fees to BIFU.
(The monetary authority of Kenya).This was concerning a successful defense of the CBK’s demonetization, procurement, and issuance processes of the new currency (notes and coins) before the Public Procurement Appeals Review Board, the Court of Appeal, and the Supreme Court. This case had significant economic effects including encouraging many SMEs to adopt digital infrastructure for cashless transactions to avert the danger of cash shortages.
(An NSE-listed company that engages in growing, blending, and selling coffee products in both local and international markets) in connection with a derivative action suit by minority shareholders alleging directors’ breach of fiduciary duties which threatened to stall a USD 1.7 billion (KES 240 billion) development.
(One of the leading multi-media houses in Kenya) in a USD 289 million (KES 40 billion) appeal before the Court of Appeal challenging the decision of the High Court to dismiss the petition filed by the media houses challenging the way the Government was implementing the migration from analog to digital broadcasting. 
(One of the largest private sugar millers in Kenya) in a winding-up petition valued at USD 86.7 million (KES 12 billion) that sought to shut down the milling plant because the company’s certificate of registration was issued in violation of rules and natural justice. 
(Mauritius-based mining company) in advising and instituting a suit against the minority shareholders after they were involved in a fraudulent takeover of the company worth USD 35 million (KES 5 billion).
In a matter involving a claim made for unlawful detention without trial in 1982. The total value of the decree is currently more than USD 29.7 million (KES 4 billion).
(A Geneva-based Company) concerning a constitutional petition that sought to enforce our client’s property rights after the Commission of Inquiry into the illegal/irregular allocation of land famously known as the “The Ndungu Report.” The importance is that the intended use of the land is for the development of hotels, offices, and serviced apartments valued at USD 13 million (KES 1.8 billion) to serve the United Nations and diplomatic community thus creating economic development for the country.
(One of East Africa’s leading FMCG manufacturers) in a Tax Appeal against the demand from the Kenyan Commissioner of Customs Services valued at USD 10 million (KES 1.4 billion).
(One of East Africa’s leading FMCG manufacturers) in connection with an Appeal before the Tax Appeals Tribunal after the Kenya Revenue Authority demanded payment of more than USD 9.6 million (KES 1.3 billion).
In a Constitutional Petition seeking protection for their prime beachfront property valued at USD 7.2 million (KES 1 billion) from unlawful subdivision and allocation.
(a leading financial institution in Kenya), in defending a High Court award over unconditional bank guarantees, successfully securing dismissal of the appeal before the Court of Appeal, with the dispute valued at USD 110 thousand (KES 14.3 million).
(the highest judicial authority in the country), in three petitions challenging the Court’s decision to deny audience to specific advocates, including mounting a defence based on judicial immunity in a high-profile case set to establish precedent on judicial immunity and the jurisdiction of superior courts.
Petition before the Supreme Court that dealt with the interpretation of the right to accessible housing and adequate housing provided under Article 43 of the Constitution of Kenya, 2010 as well as the issue of the interpretation of the constitutional remedy of compensation provided under Article 23(3) of the Constitution. This case has given clarity to the question of enforcement of socio-economic rights and the procedure required to remove squatters in private land.
In a matter concerning the collapse of Imperial Bank (one of Kenya’s biggest and most publicized bank fraud schemes). 
In an appeal before the National Environment Tribunal arising from three consolidated claims challenging the award of an Environment Impact Assessment (EIA) License to our client. The appellant claimed the license awarded contravened the provisions of the Environment Management Coordination Act and the Constitution of Kenya.
(the principal government body responsible for national health policy and oversight in Kenya), in consolidated petitions against the Kenya Medical Practitioners Pharmacist & Dentist Union, successfully challenging the legality of strike notices and facilitating negotiations that led to a Return-to-Work Formula agreement, effectively ending the nationwide strike.
(The largest bank in the East Africa Region with assets of USD 11 billion) in defending a claim of unfair termination filed by a former employee accused of involvement in irregular USSD transactions that led to financial loss, addressing critical issues of employer liability and disciplinary procedures.
(Kenya’s primary provident fund for private sector employees), in successfully defending a petition challenging the summary dismissal of a former employee, with the court affirming that press reports or presidential directives do not constitute employer instructions.

Capabilites

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