Adams Muthama

Adams Muthama

Partner

LLB (Hons) Moi University Dip. Law (KSL) Admitted 2002


Practice Areas

  • Corporate and Commercial law
  • Tax
  • Civil and Commercial Litigation
  • Arbitration
  • Banking and Finance
  • Constitutional law
  • Judicial Review

 

  • Construction
  • Corporate Insolvency
  • Business set-up
  • Real Estate and Conveyancing
  • Regulatory Compliance
  • Employment and Labour Relations

Biography

Adams Muthama has over 16 years’ experience as a practicing advocate. He the Partner in charge of the commercial, real estate and conveyancing portfolios of the firm. Muthama started his legal career at the well-known firm of Rachier & Amollo where he gained considerable experience and expertise on a wide range of legal matters. He has over the years become an established practitioner and has litigated numerous cases in various courts and tribunals involving complex and high value matters. He is an astute, aggressive and result oriented litigator who has assisted client achieve remarkable results. Muthama also handles a large number of the firm’s corporate and commercial, real estate and convenyancing, banking and finance, insurance, corporate insolvency matters among others.

He represents and advices leading corporates and organizations including Sidian Bank, Commercial Bank of Africa, The County Government of Kilifi, Civicon Limited, Braeburn Schools Limited, United Petroleum Limited and an array of private high net worth individual clients.

Educational and professional qualifications

  • Bachelor of Laws, University of Nairobi 2000
  • Diploma in Law, Kenya School of Law 2001
  • Admitted as an Advocate of the High Court of Kenya, 2002
  • LLM Candidate, University of Nairobi

Membership in professional associations

  • Law Society of Kenya

Career history

  • Pupilage: Rachier & Company Advocates (2000 - 2002)
  • Senior Associate: Ndegwa & Associates Advocates (2002 - 2005)
  • Partner: Ndegwa, Muthama & Katisya Advocates (2006 - 2008)
  • Partner: Munyao, Muthama & Kashindi Advocates; 2009 to date

Work Highlights

Banking and finance

  • Lead partner in the preparation and perfection of securities, debt-restructuring, security take-overs, general lending, asset finance, project finance, real estate finance, trade finance among others. The cumulative value of the transactions is in billions of shillings.
  • Lead partner acting in transactions involving the takeover of banking facilities takeover  involving three leading banks in and three leading EPZ Companies valued at  over USD 24 million 
  • Lead partner in acting in transactions involving the takeover of banking facilities involving two leading banks and a construction company valued at over Kshs 2.5 billion.
  • Lead partner in representing several banks in successfully challenging attempts by borrowers to stop the realization of securities cumulatively valued at billions of shillings.
  • Offered   advice on legal and regulatory compliance matters under the Banking Act, Central Bank of Kenya Act and the Prudential Guidelines to various leading banks.

Conveyancing and real estate

  • Successfully represented clients in the sale and transfer of properties situated in various parts of the country including Nairobi, Mombasa Island, Mombasa Mainland North and Mombasa Mainland South. The cumulative transaction values of these matters are in billions of shillings.

Commercial litigation and arbitration

  • Represented a leading civil engineering firm in a matter involving the localized component of an international dispute arising from the design, fabrication, erection, installation and commissioning of one of the most innovative electricity generation power plants in Africa. The value of the subject matter was approximately USD 20 million.
  • Provided support services to an international law firm representing the same civil engineering firm in the conduct of the larger dispute both in Switzerland and in United Kingdom. The value of the subject matter was approximately USD 100 million.  
  • Represented a County Government against claims in the region of Kshs. 450 million. In 2 of the claims valued at Kshs 400 million, a strenuous defence coupled with mediation saw the claims resolved out of court resulting into a reduced outlay of approximately Kshs 40 million.
  • Acting for County Governments in the Coast region in defending a substantial claim by a private individual for the recovery of the only Public Park situated along the Indian Ocean valued in the region of Ksh 100 million.

Devolution/County government

  • Representing County Governments in the Coast region to resolve, through a mix of litigation and mediation, a dispute which has threatened to bring a conflict between the County Government and the National Government. The resolution of this dispute is likely to set a precedent in the resolution of intra-governmental disputes in the Country at large.
  • Advising various Government on various legal issues arising from key legislation and the Constitution.

Tax

  • Successfully represented a leading civil engineering firm with cross border engagements against the Kenya Revenue Authority in a precedent setting matter relating to the assessment of Pay as You Earn Tax for their foreign based employees. The decision has had wide implications for corporations having cross border establishments in countries without double taxation agreements with Kenya as the Authority was directed to be using international best practices whilst undertaking audits on such Corporations. A number of Kenyan and foreign multinational corporations doing business in Kenya have benefited immensely from this.

Insolvency and restructuring

  • Represented one of the fastest growing banks in Kenya in a very contentious litigation involving an aggressive dispute between the shareholders and directors of a prominent player in the tea production industry. The dispute put the player in at the risk of being wound up, thereby exposing the bank’s secured assets in the region of Kshs 280 million A mix of aggressive litigation, the placement of the player under receivership, mediation and arbitration led to the total resolution of the dispute out of court.
  • Mr. Muthama gained considerable experience in this area having been part of the team dealt with the transfer of the entire business undertaking and liabilities of the defunct Kenya National Assurance Corporation to Kenya National Assurance (2001) Limited, the transfer of the life insurance business of the defunct Stallion Insurance Co. Limited to Trinity Life Assurance Co. Limited. He was also involved in the statutory management and subsequent winding up and liquidation proceedings relating to Lakestar Insurance Co. Limited, Stallion Insurance Co. Limited, as well as in the insolvency proceedings relating to the United Touring Corporation.

Insurance

  • Extensive experience in defending insurance companies and their clients against claims arising from personal injury compensation law suits. Whilst a Partner a Ndegwa, Muthama & Katisya Advocates, Muthama was the Partner in charge of the Insurance Companies Portfolio and defended over 500 claims brought against persons insured by some of the leading insurance companies in Kenya including UAP Insurance Co. Ltd, APA Insurance Co. Ltd, Pan Africa General Insurance Co. Ltd, AIG Insurance Co. Ltd, Co-operative Insurance Co. Ltd, Corporate Insurance Co. Ltd, Invesco Insurance Co. Ltd, etc. The total value of these claims is in the region of Kshs 1 billion. 

The People