Our Services
AREAS OF PRACTISE
Arbitration & Mediation
Legal disputes are increasingly being resolved without litigation. The primary methods of non-litigation dispute resolution are arbitration and mediation. Our firm’s advocates are skilled at representing our clients’ interests in arbitration and mediation proceedings and using alternative dispute resolution strategies to reach out-of-court settlements for a range of clients throughout the country. Our advocates also assist clients in drafting alternative dispute resolution provisions for in their various contracts. Finally, whether mediation or arbitration is voluntary, court ordered, or required by contract, the Ngaywa & Kibet Partners provides LLP provides a professional and comfortable facility for out-of-court dispute resolution
Business & Commercial Transactions
As part of its purpose to meet the legal need of businesses, Ngaywa & Kibet Partners LLP’s advocates routinely represent clients in a broad spectrum of business and commercial transactions. Each company has unique needs and goals as it approaches a particular transaction. We zealously represent our clients in negotiating and drafting transaction documents that meet those needs. We have experience representing clients in numerous types of transactions, including manufacturing agreements, private label agreements, licensing agreements, employment and consulting agreements, service contracts, joint ventures, construction agreements, subcontract agreements, and other commercial transactions. Our firm also serves a number of financial institutions and private lenders and have established several practice areas that will suit the needs of your business. In addition, our advocates in banking and lending practice areas understand the unique needs of banking and financial organizations in these areas of practices. We advise clients in the lending and financing play of businesses, as either lenders or borrowers. We routinely assist in closing complex financing and loan transactions, workouts, and loan acquisitions. We have also represented companies in private loan and equity investment transactions and collections related activities. In each instance, our goal is to apply the breadth of the Firm’s experience to maximize the value of the transaction to our clients.
Business Formation
We regularly advise a wide range of clients in many different industries regarding all aspects of the life cycle of a business, including the choice of entity best suited for their business goals. We routinely assist clients in forming businesses. We have experience with all forms of business organizations, including sole proprietorships, general and limited partnerships, corporations, and single and multi-member limited liability companies. Our advocates also advise clients on the formation of subsidiaries, spin-offs, divestitures, and other reorganizations. We can also provide counsel regarding the liquidation and dissolution of a business enterprise. Our services include the preparation and filing formation documents and negotiating and drafting by-laws, operating agreements and other organizational and corporate documents. We also regularly advise our clients regarding how to handle general corporate operations in compliance with laws, regulations and best practices. Whether you are an individual entrepreneur or a multi-national corporation, we can help create the business structure that will help you accomplish your business goals.
Debt Collections & Credit Matters
We assist our corporate and individual clients with the collection of commercial debts, including judgment debts, debts on account and through contracts. We use our experience and knowledge to plan the best strategic approach for each collection matter. We also advise our clients with respect to purchase documents, credit documents, security interests, mechanics and other liens, and other credit matters.
Commercial Real Estate
Our Firm’s commercial real estate department (conveyancing department) routinely represents and counsels a wide variety of clients ; buyers, sellers, lenders, borrowers, developers, landlord, and tenants – in virtually every aspect of commercial real estate and real estate development. We negotiate, document, and close commercial real estate purchases, sales, leases, loans, and work-out arrangements. Our attorneys tap into all of the Firm’s resources and ideas to structure and document each transaction to match up to our clients’ business goals. Our real estate department under the stewardship of Mr. Kibet as the partner in charge have extensive experience handling all aspects of commercial projects, including acquisition, financing, land use and planning, construction, environmental review, leasing and resale. We have been engaged in a wide variety of commercial real estate transactions and in working with owners and developers of shopping centers, distribution centers, mixed-use projects, and other commercial projects. Working in connection with our advocates in other practice areas, our commercial real estate advocates also routinely advise clients with respect to environmental statutes and regulations.
Creditor’s Rights
Bankruptcy and insolvency issues, whether they arise in connection with the initial documentation of a loan, the purchase or the sale of assets, as a component of business or corporate restructuring, or as a defensive measure to the collection of indebtedness or enforcement of remedies in defaulted credit relationships, present complex legal and practical issues requiring thoughtful, informed analysis and well-formulated strategic planning. We represent both secured and unsecured creditors. Our attorneys also have experience representing purchasers in connection with the acquisitions of distressed business assets sold in bankruptcy.
Employment
As part of our practice, Ngaywa & Kibet Partners LLP advises businesses and their management teams regarding general employment matters. Particularly, we advise our clients with respect to employment contracts, restrictive trade practices and contracts, and company policy handbooks. The Firm also advises its corporate clients with respect to compliance with laws. We also represent clients in litigation and other disputes concerning these matters.
Insurance
Bankruptcy and insolvency issues, whether they arise in connection with the initial documentation of a loan, the purchase or the sale of assets, as a component of business or corporate restructuring, or as a defensive measure to the collection of indebtedness or enforcement of remedies in defaulted credit relationships, present complex legal and practical issues requiring thoughtful, informed analysis and well-formulated strategic planning. We represent both secured and unsecured creditors. Our attorneys also have experience representing purchasers in connection with the acquisitions of distressed business assets sold in bankruptcy.
Intellectual Property
We represent businesses in trademark, trade name, service mark, service name, copyright, and patent litigation. Our firm also assist in the preparation and prosecution of patent and trademark applications, and provide advice on related intellectual property matters. We prepare agreements regarding the sale and licensing of patents, trademarks, computer software, and other intellectual property.
Litigation
Our advocates under the leadership of Mr. Ngaywa as the partner in charge of the department have proven experience in aggressively representing our clients in a wide variety of complex litigation matters throughout the country. We provide full service litigation support including all necessary research, discovery, trial, post-trial, and appellate representation. Our Firm represents defendants and plaintiffs in all forms of business litigation, including breach of contract, fraud, and unfair business practices. These claims may arise out of business transactions or relationships, including such areas as banking, commercial real estate, construction, the purchase of sale of a business, employment, product liability, insurance, employment, bankruptcy, constitutional and election petitions, divorce, succession, children matters, matrimonial property, land and intellectual property, among other areas.
Mergers & Acquisitions
A significant focus of Ngaywa & Kibet Partners LLP’s practice is in representing the buyers and sellers of businesses. We have extensive experience in providing legal and business due diligence services and in negotiating, drafting and closing a wide variety of transactions, including mergers, stock transfers, spin-offs, joint ventures, acquisitions of minority interests, and asset purchase transactions. Our advocates have completed transactions in a wide variety of industries. These transactions have ranged in size from the relatively small deals to very large and complex transactions. Our Mergers & Acquisitions practice draws upon the wide variety of experiences of our team of advocates.
