Overview
Herman is the Partner in charge of Finance & Strategy and the Head of the Dispute Resolution Department in the Firm. He holds a Bachelor of Laws (LL.B.) Degree from Moi University. Herman is also a qualified arbitrator and a member of the Chartered Institute of Arbitrators.
Herman is also trained by the Communications Authority of Kenya in joint collaboration with International Telecommunication Union (ITU) on critical areas of the Information Communication and Technology regulatory framework in terms of interpretation, implementation and enforcement.
Herman has acted and advised various clients in various areas including Commercial Litigation & Dispute Resolution, Intellectual Property Law, Information, Communication & Technology Law, Real Estate Development & Construction Law, Procurement Law, Arbitration & Alternative Dispute Resolution Law & Practice, Media & Technology Law, Constitutional and Administrative Law; Comparative Law and Governance; Environmental and Land Law; Health Law; Tax Law; Procurement Law; Company Law; Insolvency Law; and Employment Law. He has extensive experience in handling disputes before the High Court, Court of Appeal, Supreme Court as well as other specialized tribunals.
He has acted for and advised clients within the East African Community (Tanzania, Burundi, Rwanda and Uganda), within the African Continent (South Africa, Ghana, Ethiopia, Zimbabwe) and beyond Africa (Turkey, Thailand, Canada, China, Mauritius, United Kingdom and India).
Herman is also engaged in handling probono briefs in partnership with Kituo Cha Sheria and the Court of Appeal Legal Aid Program.
Practice Areas
Constitutional and Administrative Law
Commercial Litigation
Communication & Technology Law
Public Procurement Law
Company & Insolvency Law
Insolvency Law
Policy & Legislative Drafting
Media & Technology Law
- Part of the team that advised Pharmacy & Poisons Board on Parallel Importation of Medicine in Kenya.
- Part of the team that advised Lake Basin Development Authority on the strategy on how to reinstate the Lake Basin Mall Project which had stalled due to unresolved disputes between the Authority and other stakeholders.
- Part of the team that advised the Kenya Nuclear Electricity Board (KNEB) on the necessary legal and institutional framework for setting up of Nuclear Power Plants in Kenya.
- Represented Kenya Power and Lighting Company in a Court-Mandated Mediation in an employment dispute against the Company’s former employees (332 employees) who sued the Company for unlawful termination after being declared redundant by the Company valued at roughly Kenya Shillings Three Billion (KShs. 3,000,000,000.00).
- Represented Hausraum Limited in an Arbitration against the Nairobi City County Government in a dispute over revenue collection and payment system that the Company had developed for the County Government to ease in the collection of revenue, especially parking fees within the Nairobi valued at Kenya Shillings Six Billion (KShs. 6,000,000,000.00).
- Has advised various clients on employment law including, termination, dismissal, redundancy, and work injury.
- Successfully handled several Election Petitions some of which include:
- Supreme Court Presidential Election Petition No. 2 & 4 of 2017 (Consolidated) – Assisting Counsel.
- Election Petition No. 13 & 16 of 2017 (Consolidated) Wajir Senatorial Election Petition
- Served as an Assisting Counsel to various IEBC Dispute Resolution Tribunals, including, the Tribunal handling the Party List disputes, the Code of Conduct Enforcement Committee and the Committee handling nomination disputes.
- Part of the team that represented KCB Tanzania Limited in pursuing its interests in the ongoing Insolvency Petition against Nakumatt Holdings Limited on account of a loan amounting to United States Dollars Eleven Million (USD 11,000,000.00) given to Nakumatt Tanzania Limited which was guaranteed by Nakumatt Holdings Limited.
- Part of the team that successfully represented Kobby Technologies Limited in a Public Procurement dispute against the National Treasury for a value of Kenya Shillings Two Hundred and Forty-Three Million Nine Hundred and Twelve (KShs. 243,912,000.00)
- Has represented and advised clients on various land disputes including compulsory acquisition, illegal allocation and acquisition of land and adverse possession.
- Representing clients in a number of intellectual property claims.
- Represented various clients in a number of Public Procurement matters both before the Public Procurement Administrative Review Board and before the Courts
- Has been involved in conducting training, on request to various clients on different areas of law. Some of the clients include Ecobank Kenya Limited; Insurance Regulatory Authority (IRA) in conjunction with the Kenya School of Law, Spire Bank Limited and National Oil.
Professional Associations
- Member, Law Society of Kenya
- Member, East African Law Society
- Member, Pan African Lawyers Union (PALU)
- Member, The Law Society of Kenya Alternative Dispute Resolution Committee
- Member, Devolution and Law Reform Committee, LSK, Nairobi Branch
- Member, Litigation Practice Committee, LSK, Nairobi Branch
- Member, Legal Aid and Public Interest Litigation Committee, LSK, Nairobi Branch
Herman Omiti - Partner, Finance & Strategy
Head of Dispute Resolution Department
Phone: +254 710 662 512 / +254 734 682 033
Email: homiti@nobadvocates.co.ke
ABOUT US
The Firm of NGERI, OMITI & BUSH ADVOCATES LLP is a full-service law firm based in Nairobi comprising of a dynamic team of experienced and dedicated advocates and support staff who are passionate about the legal profession and sold on making a difference for our clients.
CONTACT US
+254 720 516 612, +254 755 775 765
Shelter Afrique Centre
Wing A, 2nd Floor
Longonot Road,
Upper Hill
P.O. Box 12263-00100
Nairobi, Kenya
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