Justus Obuya

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

Justus has advisory expertise on business transactions, legal rights, tax dispute resolution, and environmental and land matters.

His work in tax dispute resolution has had him represent one of the leading oil marketers and a leading FMCG manufacturer before the Tax Disputes Tribunal on a dispute worth USD 9.4 million (KES 1.4 billion) and USD 18.7 million (KES 2.8 billion) respectively.

He has vast experience in banking law, having represented several banks in contract disputes and having handled disputes between banks and the supervisory body including participating in bank insolvency and liquidation proceedings. He has also represented clients in public procurement disputes. He was an assisting counsel in a landmark case involving the procurement for the design and supply of new currency in the country. He has also represented several individuals and corporations in land disputes. He has participated in the recovery of several parcels of land belonging to the Railways Corporation across the country worth over USD 66.8 million (KES 10 billion).

Justus has excelled in sports law and has appeared before international tribunals including the IAAF Ethics Board and the Court of Arbitration for Sports in Switzerland representing clients. His practice also covers commercial litigation and constitutional and human rights law.

Justus is an advocate of the High Court of Kenya, a Certified Public Accountant of Kenya, a Certified Public Secretary, and a Certified Information Systems Auditor. He holds a master’s degree in law (LLM) in public finance and financial services law from The University of Nairobi and is presently pursuing a doctoral degree (PhD) in Law from The University of Nairobi.

Justus previously served as a member of the Privatization Appeals Tribunal and presently serves as a member of the Privatization Review Board. He also serves as a legal committee member in the Presidential Taskforce on the Review of Laws and Regulations governing Religious Organisations.

Qualifications: 

  • LLM (Public Finance and Financial Services Law)
  • LLB (Hons.)
  • Diploma in Law (KSL)
  • Certified Public Secretary (K)
  • Certified Public Accountant (K)
  • Certified Information Systems Auditor

Memberships: 

  • Law Society of Kenya
  • East Africa Law Society
  • Institute of Certified Public Secretaries of Kenya 
  • Institute of Certified Public Accountants of Kenya

Key Matters

1. Bidco Africa formerly Bidco Oil Refineries (Bidco)

(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).
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.
In connection with getting judicial review orders to compel the government to pay the compensation amount of USD 6.36 million (KES 859 million) awarded to him by the Environment and Land Court as compensation for the demolition of his property in Nairobi.
(An autonomous public road agency) in a judicial review application. The application was challenging the procedural powers of the Public Procurement Administrative Review Board in declaring the procurement process and tender documents in respect of KeNHA’s request for bids in the Northeastern Transport Improvement Project to be faulty and directing KeNHA to issue an addendum to the said request for bids.
(The Kenyan government agency responsible for the collection and distribution of retirement funds) in a disputed matter involving Sokomania Limited’s illegal management and collection of parking fees on behalf of NSSF.

Capabilites

Insights