Kivindyo Munyao, ACIArb

Associate

As a litigator, Kivindyo’s practice encompasses a wide range of contentious matters both civil and criminal matters but his expertise leans towards constitutional and administrative law, tax, employment, land, sports, and intellectual property laws. 

As an arbiter, he advises Kenyan and international clients on commercial and investment treaty arbitration.

Qualifications: 

  • LLB (Hons.)
  • Associate of The Chartered Institute of Arbitration (ACIArb)
  • Diploma in Law (KSL)

Memberships: 

  • Law Society of Kenya
  • East Africa Law Society
  • Chartered Institute of Arbitrators

Key Matters

1. 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).
n 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).
(The monetary authority of Kenya) in a copyright case where the plaintiff claimed to have come up with an original idea/concept of interbank transactions which he allegedly registered with Kenya Copyrights Board, and a certificate of registration issued. Additionally, the plaintiff alleged to have registered another concept of using software to conduct banking services in the comfort of a person’s phone with the alleged certificate of registration being issued. For the alleged infringement of the impugned copyrights, the plaintiff sought compensation in terms of general damages at USD 7.4 million (KES 1 billion).
In 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.
In a matter concerning the collapse of Imperial Bank (one of Kenya’s biggest and most publicized bank fraud schemes).
(An autonomous road agency) in a judicial review application challenging the procedural powers of the Public Procurement Administrative Review Board in declaring the procurement process and tender documents in respect of KeNHA’s request for bids in the Northeastern Transport Improvement Project to be faulty and directing KeNHA to issue an addendum to the said request for bids.
(The Kenyan government agency responsible for the collection and distribution of retirement funds) in a dispute matter involving Sokomania Limited’s illegal management and collection of parking fees on behalf of NSSF.

Capabilites

Insights