Damaris Mwiti – Partner
Overview
Miss Mwiti is a partner in the Firm’s Civil Litigation, Corporate and Conveyancing
departments. She was admitted to the Kenyan Bar in 2020 and has had over two years’
active experience in Civil Litigation, Commercial Transactions and Conveyancing &
Property Law.
Damaris has a wealth of experience in legal practice and has over the years helped both
corporate and individual clientele to address their legal challenges and resolve legal
disputes with a keen interest on commercial and contractual disputes, employment and
unfair dismissal claims, conveyancing and property development law, family law and
legal advisory.
Prior to joining the Kenya School of Law, she gained experience in Corporate Law while
working for a major Bank in Kenya in the year 2016 whereby she advised clients on the
various types of business entities in Kenya, helped them in registration of their business
and hand held them to ensure compliance with all legal requirements for their initial
months of business registration.
Prior to joining the Firm, she interned at PLASS Advocates and later joined Chepkuto
Advocates where she gained immense experience in diverse areas of practice during her
post-pupillage experience up to her admission to the Kenyan Bar in the year 2020.
Education
Damaris graduated with a Bachelor of Laws degree LL. B from Kenyatta University in the year 2016. She also holds a Postgraduate Diploma in Law from the Kenya School of Law, which she attained in the year 2020.
Areas of Expertise
- Civil and Commercial Litigation
- Real Estate and Property Law
- Land Use & Development
- Banking and Finance
- Constitutional and Human Rights Law
- Tax advisory
- Debt recovery
- Employment and unfair dismissal claims Consumer protection
Highlights of Notable Matters
- Recently prosecuted a Judicial Review Application challenging the academic credentials of a gubernatorial candidate in Kenya.
- Ms. Mwiti has successfully represented multiple clients in several large and
complex real estate and land use transactions with a particular focus oncorporate real estate purchases and sales. - Acted for a developer in the residential development known as Thika Greens
Investment Limited including drafting and negotiated the agreements for lease,sale agreements and long-term leases in respect of the residential houses in the development. - Damaris has also done a lot of works for a number of banks such as the Cooperative Bank of Kenya, the Kenya Commercial Bank and Equity Bank where she perfected and registered multi- million security documentation. She has also
worked with the banks in drafting and registration of charges, debentures, and assignment agreements in addition to advising them on related legal issues. - Participated in commencing and trial of a Constitutional Petition against a major telecommunication Company in Kenya, for purposes of consumer protection and compensation of the Company’s customers and Kenyan citizens at large.
- In the commercial law sphere, M.s Mwiti has satisfactorily represented a number of clients in drafting commercial contracts such as joint venture agreements andinstalment sales agreements.
- With her wealth of knowledge and experience in the legal sphere, Ms. Mwiti is able to conduct extensive and thorough research and prepare detailed legal opinions on issues affecting clients. In the year 2020, she prepared a detailed legal opinion on the issue of the existence of Lake Basin Development Company in line with the objectives and mandate of the Lake Basin Development Authority, a matter which involved a pecuniary value of Kshs. 3,000,000,000/=.The legal opinion enabled the Lake Basin Development Authority successfully commence the dissolution process of the Lake Basin Development Company.
- Regularly involved in advising clients in connection with tax liability in Kenya and the region, including advising on efficient tax practices for organisations, providing tax structuring advice, negotiating tax warranties and indemnities,and tax planning for companies amongst other advice.