COMMERCIAL AND
CORPORATE PRACTICE
The firm provides a comprehensive range of commercial and corporate legal
services ingeniously designed to suit our clients’ needs and best interests. These
services are tailor-made based on the uniqueness of each client in the corporate and
commercial space. Our range of services in this area includes:
â–ª General Legal Advice on the legal
framework and compliance checks
applicable to the client’s specific business
venture.
â–ª General Advice on the most appropriate
and an effective type of business structure to
incorporate based on the client’s concept.
â–ª Incorporation of companies
â–ª Incorporation of other ventures such as
Trusts, Public Benefit Organizations
(PBO’s), and CBOs among others.
â–ª Company Secretarial and Management
Services
â–ª Advising on the Kenyan regulatory
regime for various corporate and
commercial transactions.
â–ª Advising on and obtaining government
approvals, permits, and licenses for and
on behalf of the clients.
â–ª Drafting and reviewing of contracts
â–ª Corporate litigation
â–ª Insolvency and Liquidation.
â–ª Asset acquisitions and disposals
â–ª Advising clients on different types of
commercial agreements that suit
their needs
â–ª Drafting different types of commercial
agreements according to the client
needs such as a Joint venture
agreements, distributorship
agreements, Franchise agreements,
share purchase agreements, Trust
deeds, shareholder agreements;
â–ª Advising clients on relevant laws
applicable in resolving disputes in
commercial transactions, if any
â–ª Mergers and Acquisitions
â–ª Insolvency Procedures
â–ª creating security rights in Movable
Property
â–ª Tax Advisory in commercial
transactions, among others.
â–ª Advise banks, financial institutions,
and borrowers on all kinds of banking
and financial transactions, including
corporate finance, project financing
and loan syndications.


Real Estate and Projects Practice
Our Restate and Projects Department ensures seamlessness in the acquisition, disposal, and development of our client assets. The range of our sector includes: –
â–ª Comprehensive Due Diligence
â–ª Advising and assisting clients in
Property acquisition, such as land
purchases, apartment purchases,
off-plan purchases, among others
â–ª Working with borrowers,
guarantorsand banks on project loans
andfinancing.
â–ª Litigating on adverse
possession,illegal and fraudulent
transfers andcharges.
â–ª Advising clients on land use
andplanning.
â–ª Preparationandnegotiatingproperty
contracts and transfers.
â–ª Preparation of charges, discharge
ofcharges, leases, transfers, and
otherinstruments of conveyance.
â–ª Processing of titles.
â–ª Subdivision and amalgamation
â–ª Landlord-tenancy matters
â–ª Application for and lodging
caveats,cautions and prohibitions.
â–ª Generally advising the client on
allaspects of land and property law.
â–ª Obtaining necessary consents
forland transactions and
development
â–ª Advising clients and assisting in
preparation of joint ventures
â–ª Advising and assisting clients in real
estate structuring and planning
â–ª Advising and guiding clients on the
legal framework in project
development.
Legal Advisory
Our Legal Advisory Offers Services in a wide range of areas, guiding clients through complex legal and regulatory frameworks to achieve desired results.
The areas of practice in this sector include: –
â–ª Tax Advisory, including Tax planning, Tax Compliance, and tax disputes
â–ª Employment Advisory, including advice on Employee Onboarding,
Employment Relations, Employment Legal and Regulatory Compliance
Redundancies, terminations, Restructuring, among others
â–ª Immigration Law, including Work Permit Applications, Citizenship, Permanent
Residence, dependent Pass, Special Pass, among others
â–ª Intellectual property, including Copyrights, Trademarks, Patents, and Utility Models
among others
â–ª Technology, including Artificial Intelligence, Fintech, IT and Outsourcing,
Machine Learning, Online commerce, and new media, among others
â–ª Data Protection Advisory, including Data Protection Policy Advisory, Data
Protection Compliance, Fintech Advisory, Legislative Drafting, Data Breach
Advisory, reporting and disclosure requirements, among others
â–ª Telecommunications, including Digital Money Lending, Infrastructure
Deployment, Mobile Fintech and Payment Systems, Regulatory Compliance
among others
â–ª Succession Advisor, including succession planning such as drafting of wills
and property trusts
â–ª Family Law Advisory and children matters, such as preparation of Joint Parental
Agreements
â–ª Legal Audits and Compliance, including conducting comprehensive
evaluations of compliance checks of the client’s entity.


CIVIL LITIGATION AND
DISPUTE RESOLUTION
Our advocates are involved in preparing for and handling disputes of all kinds across all Kenyan Courts and Tribunals. Our expertise ranges from practice at the Supreme Court of Kenya, the Kenyan Court of Appeal, the High Court of Kenya, as well as the Magistracy and Tribunals. Moreover, our reach cuts across courts in all locations across the country.
Employment Law Litigation
The firm regularly handles employment matters on behalf of both employers and employees. These matters include; the interpretation of service agreements; guiding employers in conducting lawful disciplinary processes; defending/instituting wrongful termination claims; guiding employers and employees on their rights and obligations under the employment contract; instituting and defending employment rights claims and petitions as well as helping both the employers and employees mitigate complex situations, that might arise in the course of the employment. The firm approaches employment disputes with a view to realising amicable and mutual resolution through alternative justice avenues before resorting to litigation if need be. It is our goal that both the employer and employee optimally benefit from the employment relationship, and even in the event of separation, both the employer’s and the employee’s rights are safeguarded.
Constitutional Law and Human Rights Litigation
The firm is known for its footprint in Constitutional and Human Rights Litigation. The firm has a speciality in representation and advocating for the constitutionally protected rights and fundamental freedoms of both individuals and organisations. Emboldened in the firm is the transformative constitutionalism spirit of the Constitution of Kenya 2010. The firm has represented various litigants in virtually all the rights and fundamental freedoms enshrined in the constitution of Kenya 2010. The firm has participated in complex litigations on critical rights such as Social and Economic rights i.e. housing and education, as protected under article 43 of the Constitution; Environmental rights protected under article 42 of the Constitution as well as property rights protected under article 40 of the Constitution.  It has also been involved in litigation on Fair Administrative Action rights under Article 47 as well as Fair Trial rights under Article 50. Moreover, we have been involved in matters dealing with the limitation of rights as per Article 24 of the Constitution, as well as in questions of interpretation and application of the Bill of Rights.
Insofar as this type of litigation is concerned, the firm has been and continues to be consistent in advocacy for good governance and has represented various clients in matters that have sought to check on government excess.
Probate and Administration (Inheritance and Succession)
Our team of lawyers helps clients with inheritance and succession. Firstly, the firm guides our clients in terms of succession planning as a way of mitigating future disputes. This is in terms of advising on and helping in the execution of the various available options in bequeathing property, such as by will or family trusts. The firm helps clients prepare and perfect such instruments as wills and trusts. Secondly, the firm helps families through the succession processes, both testate (where the deceased left a valid will) and intestate (where there is no will).
Family Law and Divorce
The firm offers a wide range of services in family law. These include advisory and guidance on parties’ rights before, during, and even after marriage; assistance in obtaining necessary documents attendant to marriage, such as letters of no impediment where the same are needed; as well as advisory on property ownership models in marriages. Where a marriage has come to an end, the firm diligently handles divorce and separation proceedings, child custody matters, as well as division of matrimonial property.
Children’s Law, Adoption, guardianship and custody
The entrenchment of the rights of children under Article 53 of the Constitution and the adoption of the Children Act of 2022 reaffirm the protection of children as central to our societal development. Tali Tali Advocates pays keen attention to children and children’s rights, guided at all times by the ‘best interests of the child’ principle, which demands that any actions taken concerning a child must be done so in the best interests of the child. In this field, the firm always employs amicable ways such as mediation in priority and only resorts to litigation where such fails. The matters handled in these areas include child custody, child maintenance, and child protection, as well as questions of paternity. The firm also helps parties in the legal process for alternative care of children through ways such as guardianship, foster care, and adoption. Furthermore, the firm, on a day-to-day basis, helps children in conflict with the law through the legal processes.
Electoral Law
Our firm is equipped with proficient expertise in electoral laws. The firm is involved both in advisory work through the election cycle as well as in litigation of electoral disputes. Our expertise is both in pre-election disputes, such as nomination disputes to post post-election disputes in terms of election petitions. The firm’s efficient Turnaround Time makes it the go-to place for electoral disputes owing to their time-sensitive nature.
Judicial Review and Administrative Law Litigation
Related to our constitutional law practice, the firm has special expertise in administrative law and judicial review. Daily, the firm prosecutes and defends cases involving excesses met by decisions of public bodies which warrant judicial review. Guided by Article 47 of the Constitution and the Fair Administrative Action Act, the firm approach aims to ensure that administrative action is expeditious, efficient, lawful, reasonable, and procedurally fair. To this end, apart from prosecuting and defending cases, the firm offers advisory services to public bodies and offers guidance to ensure where administrative action is taken, the same is lawful.
Land Law and Land Rights Litigation
With Article 40 of the Constitution protecting the property right, and with acknowledgement that land remains an emotive issue, the firm is steadfast in handling land disputes. Our practice in this field includes litigating disputes arising from land sale agreements; disputes emanating from the distribution of land under succession, boundary disputes, and development agreements disputes, among others. The firm also deals with questions of compulsory acquisition of land, offering advice to public bodies on the right procedures to follow in compulsory acquisitions as well as litigating for the rights of landowners who may be subject to improperly done compulsory acquisition of land. Additionally, the firm also deals with adverse possession claims.
Construction, projects and Infrastructure Dispute Resolution
Construction and infrastructure disputes are in many forms, most of which arise from the contracts between the parties. From the onset, the firm offers advisory services to parties before entering into a contract. This helps safeguard the rights of the parties before entering the contract as well as mitigate avoidable disputes. Nevertheless, whenever disputes arise, the firm helps parties through the different dispute resolution mechanisms, be it negotiation, mediation, arbitration, or even litigation. Most of the disputes in the sector have included payment disputes, scope and performance disputes, design disputes, and quality and safety disputes, among others.
Cross-Border Dispute Litigation
Our team of lawyers have special expertise in conflict of laws and is involved regularly in cross-border litigation. This includes defending actions instituted against our clients in different jurisdictions, instituting action in different jurisdictions where need be in order to effectively secure our clients’ rights, as well as pursuing enforcement of foreign judgments to ensure that our clients enjoy the fruits of their judgments.
Public Procurement Litigation
Our team of lawyers have specialised expertise in public procurement matters and represents parties both before the Public Procurement Administrative Review Board and courts.
Tax Dispute Resolution
Our tax practice is well-equipped with our lawyers who help our clients mitigate their tax issues. Our services range from tax advisory to tax planning, among others. Where disputes arise, the firm helps clients deal with them at all levels, including employing Alternative Dispute Resolution in taxation matters, representation at the Tax Appeals Tribunal, as well as Representation in Courts.
Insurance Disputes
The firm deals with a variety of insurance disputes, including disputes involving the denial of claims, the delayed settlement of claims, misinterpretation of insurance policies, and disagreements on increased premiums, among others. Our expertise is in both the representation of policyholders as well as the insurers.
Intellectual property actions
With the recognition and entrenchment of intellectual property rights as constitutional rights, individuals must be able to harness the benefits of these rights. Tali Tali advocates working closely with the creative industry to enlighten on Intellectual Property rights, help in registration of the said intellectual property rights, as well as help in realising the benefits of the rights. These include copyrights, trademarks, patents, as well as utility models. The firm also helps creatives pursue their rights to recover compensation where their intellectual property rights have been infringed. Moreover, the firm helps creatives use their Intellectual Property as security to secure financing under the Movable Property and Securities Rights Act. Additionally, the firm is well-equipped and deals with Artificial Intelligence developments and the law.
Professional negligence claims
Our firm helps clients institute or defend actions against professional negligence in various fields. This is, for instance, in terms of medical professional negligence.
Criminal Law
On a day-to-day basis, the firm is involved in criminal law litigation. This ranges from representing parties through the criminal process from arrest to arraignment to trial, as well as guiding strategies to employ in criminal cases. Moreover, the firm is involved in defending the constitutional rights of accused persons, including instituting constitutional petitions to seek remedies where an accused person’s constitutional rights have been or are being violated.
Contract disputes
On a day-to-day basis, the firm is involved in the prosecution and defence of contract disputes in various courts and tribunals. Such range from disagreements in contracts for the supply of goods and services, to disagreements in the interpretation of contracts among others. With the introduction of the small claims court, the firm has specialised expertise in handling matters before the small claims court, where the firm helps parties resolve disputes involving less than Kshs 1,000,000 expeditiously.
Alternative Justice System (AJS) and Alternative Dispute Resolution (ADR)
Within the spirit of Article 159 of the Constitution, which encourages alternative dispute resolution mechanisms such as arbitration, mediation, and negotiations, our team is trained in alternative dispute resolution and represents parties in different fora of ADR.
Consumer Protection
Consumers, as recognised by article 46 of the constitution, are guaranteed, as a human right to among others, goods and services of a reasonable quality as well as to compensation for loss or injury arising from defects in goods or services. Our firm is known for the representation of consumer rights with the aim of ensuring that consumers’ health, safety, as well as economic interests are safeguarded.
Competition
Our team is involved in regulation in competition law litigation with most litigations focusing on litigation on unfair competition practices.
Tech- Law
With a team of tech enthusiasts, our team is involved on a day-to-day basis with issues of law about tech development and related developments such as artificial intelligence. Our firm’s expertise ranges from review and advisory on the regulatory frameworks in tech law, to application of tech in various fields such as agriculture, health, finance, etc., as well as tech contracts (smart contracts), among others.
Banking and Finance Disputes
On a day-to-day basis, the firm is involved in the representation of creditors as well as financial institutions in disputes which may arise in the course of their relationship.
