Ondati Mogaka
ADVOCATE OF THE HIGH COURT
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About Me
I am an advocate of the High Court of Kenya having been admitted to the Bar in 2012. I currently a Partner at Ahmednasir, Abdikadir & Company Advocates. I have previously worked at Anjarwalla & Company Advocates, Mohammed Muigai Advocates and Majanja Luseno & Company Advocates. Over the years I have garnered experience in commercial litigation, real estate and environment disputes, fraud and anti-corruption, public law issues, intellectual property, public procurement disputes, employment
and criminal law.
MEMBERSHIP IN PROFESSIONAL SOCIETIES
Member, Law Society of Kenya
Member, Nairobi Branch of the Law Society of Kenya
Member, Bar – Bench Committee of the Law Society of Kenya
Member, Devolution and Law Reform Committee of the Nairobi Branch of the Law Society of Kenya
PROFESSIONAL QUALIFICATIONS
2019 : Certified Professional Mediator, MTI EA
2012 : Admitted as an Advocate of the High Court of Kenya
2012 : Postgraduate Diploma in Law, Kenya School of Law
2010 : Bachelor of Laws (LL.B), Kampala International University
SOME REPORTED CASES THAT I HAVE HANDLED
MITS Electrical Company Limited v Mitsubishi Electric Corporation [2018] eKLR
Stancom Sacco Society Limited v Alliance One Tobacco Limited [2018] eKLR
Sinohydro Corporation Limited v GC Retail Limited & Another [2016] eKLR
Patrick Kimani Kamau T/A Mkopa Investments v Safaricom Limited & 2 Others [2016] eKLR
Enrique Huguet Huerta v Kenneth Kilole William [2017] eKLR
Electric Link (East Africa) Limited & another v Mary Mueni Kioko & another [2015] eKLR
Showcase Properties Limited v Kenya Commercial Bank Ltd [2015] eKLR
Showcase Properties Limited v Kenya Commercial Bank Ltd [2015] eKLR
Republic v National Land Commission & 3 Others Ex-Parte Vivo Energy Kenya Limited (Formerly B.P Kenya Limited [2015] eKLR
Republic v Retirement Benefits Appeals Tribunal & 2 others Ex-Parte Kenya Airports Authority Staff Superannuation Scheme (Suing Thro’ Its Trustees Julius F. O. Onyango) & 22 Others [2013] eKLR
Catherine Kinyany v MCL Saatchi & Saatchi & Another [2014] eKLR
Ecobank Kenya Limited v Attain Enterprises Limited & Another [2014] eKLR
Ecobank Kenya Limited v Bobbin Limited & 2 Others[2014] eKLR
Ecobank Kenya Limited v Attain Enterprses Limited & Another [2014] eKLR
African Banking Corporation Limited v Generation Farmers & Co. Ltd & 2 other [2014] eKLR
SOME TOP MATTERS HANDLED
Acting for large multinational in connection with anti-bribery allegations, including advising on Kenyan anti-bribery law, liability of companies and their officers, extra-territoriality issues, and the scope and extent of regulators’ powers of investigation.
Defending GC Retail Limited, the developer of Garden City Retail Mall, a Vision 2030 Project, in relation to an interim relief application by Sinohydro Corporation Limited under the Arbitration Act, 1995, to prevent payment of almost $6m under a performance bond issued by Equity Bank.
Defending Mitsubishi Electric Corporation, in contesting a suit filed in the High Court of Kenya at Nairobi by MITS Electrical Company Limited on account of alleged breach of various distributorship agreements. In the suit, MITS have sought damages of about KES 1.3 billion.
Defending Kipeto Energy Limited against an application for interim injunction against the development of a windfarm project in Kajiado brought by landowners and assisting with negotiations. Applying for stay pending arbitration of the dispute under the lease agreements.
Defending Alliance One Tobacco Kenya Limited in a claim of over Kshs. 47million brought by its former employees who were declared redundant.
Advising Rift Valley Railways (Kenya) Limited (RVR) and filing a suit against Kenya Railways Corporation and the Government of Kenya on account of alleged wrongful termination of a freight and passenger railway concession agreement between the parties. In the suit, RVR’s total investment in the concession is stated to be over USD 300 million.