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Eric Kivuva

Partner & Head of Litigation & Alternative Dispute Resolution

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Eric Kivuva

Eric is a Partner at McKay and is in charge of the Litigation & Alternative Dispute Resolution Department. He has a vast experience in diverse and complex litigation having handled employment and labour disputes, constitutional & judicial (administrative) review, banking and commercial litigation, land disputes, public procurement, insolvencies, IP-related litigation and a number of arbitration matters.

 

He holds a bachelor’s degree in law from the University of Nairobi and a post-graduate diploma in law from the Kenya School of Law. He is currently pursuing a master’s degree in Climate Change & Adaption with a keen interest in climate justice. He is also a registered patent agent and an associate member of the Chartered Institute of Arbitrators (CIARB).

 

Eric has handled matters before the Court of Appeal, the High Court, the Employment & Labour Relations Court and the Environment and Land Court.

 

Eric is well known for his practical approach to dispute resolution, especially his ability to close commercial disputes in an efficient and cost-effective manner.

 

Some of the notable matters that he has been involved in are:

 

  • Government: represented the Nairobi County Assembly at the Court of Appeal in Civil Appeal no. E255 of 2021, where the dispute revolved around the status of County Assembly clerks who had been absorbed from the former municipal councils after the advent of the County Governments in Kenya.

 

  • Land & environment: represented the Kajiado County at the High Court in ELCPET/E006 in a Land Dispute where the value of the land was estimated at KES 750,000,000.

 

  • Constitutional rights: represented the petitioner at the High Court in Constitutional Petition 121 of 2018, where the petitioner sought damages for the violation of rights and fundamental freedoms by the anti-counterfeit Authority and the police. The court found in favour of the petitioner and awarded damages.

 

  • FIDIC Contracts: represented Afrikon in a FIDIC contract dispute at the High Court in HCCCOMM/239/2018, where the contract amount was more than KES 650,000,000.

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