James Ochieng’ Oduol, CArb, FCIArb

Senior Partner

T: +254 20 272 7171 C: +254 709 830 100 E: jochieng@tripleoklaw.kapuproduction.co.ke

“[James] is an excellent lawyer.” – Chambers and Partners 2023.

James is recognized as one of Kenya’s leading dispute lawyers. He is an astute practitioner, with a career spanning over 36 years.

He is versatile and experienced in diverse areas of complex commercial litigation encompassing tax, banking, insurance, and many others. As a Senior Partner, he has litigated several landmark cases that have made important contributions to jurisprudence in Kenya. He is a master of constitutional interpretation and has successfully argued important cases on the recognition and enforcement of fundamental rights in the Constitutional Courts. He is described as a captivating presence in the courtroom. He advises many high-profile clients in a variety of sectors ranging from automotive, banking, manufacturing, and construction, as well as public sector institutions.

James is a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators. He holds a master’s degree in The Role of Law in Development and Economic Law from The University of Warwick. He is a member of the Judiciary’s Chitembwe Tribunal, a tribunal formed in May 2022 to investigate the allegations of judicial misconduct of a former Kenyan High Court Judge.

He has won many accolades for his work including most recently a Band 1 ranking in Dispute Resolution by leading global directory Chambers & Partners in 2023.

Key Matters

1. Equity Bank

(The largest bank in the East Africa Region with assets of USD 11 billion) in a claim by Kenya’s Banking, Insurance, and Finance Union seeking orders that a wide range of the Bank’s employees were unionized employees and thus the Bank was required to pay monthly agency fees to BIFU.

2. The Central Bank of Kenya (CBK)

This was concerning a successful defense of the CBK’s demonetization, procurement, and issuance processes of the new currency (notes and coins) before the Public Procurement Appeals Review Board, the Court of Appeal, and the Supreme Court. This case had significant economic effects including encouraging many SMEs to adopt digital infrastructure for cashless transactions to avert the danger of cash shortages.

3. Kofinaf Company

(An NSE-listed company that engages in growing, blending, and selling coffee products in both local and international markets) in connection with a derivative action suit by minority shareholders alleging directors’ breach of fiduciary duties which threatened to stall a USD 1.7 billion (KES 240 billion) development.

4. Standard Group Limited

(One of the leading multi-media houses in Kenya) in a USD 289 million (KES 40 billion) appeal before the Court of Appeal challenging the decision of the High Court to dismiss the petition filed by the media houses challenging the way the Government was implementing the migration from analog to digital broadcasting.

5. Butali Sugar Company

(One of the largest private sugar millers in Kenya in a winding-up petition valued at USD 86.7 million (KES 12 billion) that sought to shut down the milling plant because the company’s certificate of registration was issued in violation of rules and natural justice.

6. Galba Mining Limited

(Mauritius-based mining company in advising and instituting a suit against the minority shareholders after they were involved in a fraudulent takeover of the company worth USD 35 million (KES 5 billion).

7. A Former Kenyan President

(In a matter involving a claim made for unlawful detention without trial in 1982. The total value of the decree is currently more than USD 29.7 million (KES 4 billion).

8. York Worldwide Holdings Limited

(A Geneva-based Company) concerning a constitutional petition that sought to enforce our client’s property rights after the Commission of Inquiry into the illegal/irregular allocation of land famously known as the “The Ndungu Report.” The importance is that the intended use of the land is for the development of hotels, offices, and serviced apartments valued at USD 13 million (KES 1.8 billion) to serve the United Nations and diplomatic community thus creating economic development for the country.

9. Bidco Africa formerly Bidco Oil Refineries (Bidco)

(One of East Africa’s leading FMCG manufacturers) in a Tax Appeal against the demand from the Kenyan Commissioner of Customs Services valued at USD 10 million (KES 1.4 billion).

10. Bidco Africa formerly Bidco Oil Refineries (Bidco)

(One of East Africa’s leading FMCG manufacturers) in connection with an Appeal before the Tax Appeals Tribunal after the Kenya Revenue Authority demanded payment of more than USD 9.6 million (KES 1.3 billion).

11. Leisure Lodges Limited

n a Constitutional Petition seeking protection for their prime beachfront property valued at USD 7.2 million (KES 1 billion) from unlawful subdivision and allocation.

12. Moi Education Centre Co. Ltd

Petition before the Supreme Court that dealt with the interpretation of the right to accessible housing and adequate housing provided under Article 43 of the Constitution of Kenya, 2010 (

13. The Central Bank of Kenya (CBK)

In a matter concerning the collapse of Imperial Bank (one of Kenya’s biggest and most publicized bank fraud schemes).

14. Taifa Gas Investment SEZ Limited

In an appeal before the National Environment Tribunal arising from three consolidated claims challenging the award of an Environment Impact Assessment (EIA) License to our client. The appellant claimed the license awarded contravened the provisions of the Environment Management Coordination Act and the Constitution of Kenya.