Kenya’s vibrant and developing IP scene is evidenced by growth in trademark filings, notably from domestic applicants but also from foreign brand owners too. With planned amendments that will integrate the Kenya Industrial Property Institute, the Kenya Copyright Board and the Anti-Counterfeit Authority, the country’s IP system will continue to be streamlined and brought into compliance with international standards. As practitioners await these changes, concerns are being voiced regarding the success of the merger and its limitations. However, support pours in for the changes that were made to the Statute Law (Miscellaneous Amendments) Act of 2022, which saw the introduction of a mandatory recordal system that requires rights holders importing goods into Kenya to register relevant trademarks with the Anti-Counterfeit Authority.
Firms
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Bowmans
Described by peers as “one of the most outstanding firms in Kenya”, Bowmans successfully protects intellectual property across the continent. It utilises its presence in nine countries, as well as its network of foreign associates, to secure the work of leading brand owners: “From searches to registration, the team takes care of the entire process for us, and in the event of a dispute their remarkable track record guarantees favourable outcomes. Additionally, they have fantastic relationships with local representatives in other nations, which promotes peace of mind and significantly reduces turnaround time.” Exemplifying their collaborative approach are head of Intellectual Property John Syekei and trademark lead David Opijah, who recently advised and acted on behalf of the Four Seasons Hotel in an assignment for more than 15 trademarks in Kenya, Tanzania and Zanzibar. Frequently working alongside them is WTR 1000 newcomer Daniel Mwathe, who has also been busy ensuring protection for leading fast-moving consumer goods company Chemi & Cotex in six African countries. He draws on his experience in commercial intellectual property to effectively optimise trademark portfolios. Also making her debut in the guide this year is Ariana Issaias, “an excellent partner who consistently goes out of her way to assist her clients. She is extremely knowledgeable of new industries, is well connected, and up to date on all legal developments. She really gets to the core of the issue and identifies the best solution.” Completing the line-up is litigation head Terry Mwango, a familiar face before the High Court of Kenya. Practical, cost efficient and commercial, she skilfully resolves problems, so that brand owners can put their focus on their business.
CFL Advocates
Prominent full-service law outfit CFL Advocates is well known for its “responsive, skilled and reliable” approach to the management of IP portfolios for both domestic and international customers. Peers and clients alike laud its outstanding staff, stating: “They are all very pleasant to work with and they provide high-quality services. The clear and precise direction provided by Lorna Mbatia and Brenda Vilita elevates CFL to the ranks of top African law firms.” “Lorna conducts enforcement actions with the utmost professionalism, is extremely proactive and never takes short cuts”, while WTR 1000 newcomer “Brenda’s advice is concise, pragmatic and results in successful outcomes for her customers”.
Iseme, Kamau & Maema Advocates
DLA Piper has a stellar reputation for quality and client satisfaction both in Kenya and across the globe. Currently, it has offices in more than 40 jurisdictions, and its global footprint is expanding year on year. Locally, the team in Nairobi provides wise branding strategy, tenacious litigation representation, and skilfully negotiates licensing agreements. Senior partner William Maema has over 26 years of experience working directly with patrons and has represented both African and foreign organisations seeking protection in Kenya. “He is one of the best lawyers in the country and the go-to for all IP-related work.” He guides his team in “delivering in-depth counsel and solutions that are tailored to the specific demands of the customer”.
Kaplan & Stratton Advocates
Regional powerhouse Kaplan & Stratton has “vast IP experience, high-calibre specialists and a large portfolio of clients”, including many A-list global players. Admired for its complete command of domestic and international trademark law, the group has cracked the code of robust rights protection, assertive enforcement and lucrative commercial exploitation, having engaged in these activities for many decades. With Peter Hime, Patrick Ikimire and Sam Wainaina on deck, there’s no shortage of individual star power. Hime is the paterfamilias of the Kenyan IP market and has an incredible track record in opposition and cancellation proceedings, licensing and franchising negotiations and anti-counterfeiting. Ikimire traverses the contentious/non-contentious divide with agility; while Wainaina is an adroit commercial lawyer who takes a business-focused approach to intellectual property.
Dentons Hamilton Harrison & Mathews
Thanks to its presence in 12 African countries and an unmatched global network, Dentons acts as a one-stop shop for domestic and international brand owners seeking protection. The Kenyan IP team enlists the help of its wider offering, particularly its dispute resolution team, to manage a variety of significant IP cases and provide seamless solutions. One of the firm’s most established litigators, Kiragu Kimani brings over three decades of experience to the table. In November 2020 the President of the Republic of Kenya awarded him the title Senior Counsel, which is given to lawyers who have made noteworthy contributions to the development of the legal profession. He works closely with IP department head Daniel Wanjau Muriu, a meticulous partner with a talent for simplifying complex issues. He is a preferred choice for matters involving intellectual property as well as those in related fields including ICT, competition law and M&A.
Simba & Simba Advocates
With an unswerving commitment to protecting clients’ crown-jewel assets and fuelling their creativity, Simba & Simba offers a comprehensive suite of IP services. Proving its ability to fulfil virtually any brand-related request going, the set has lately prosecuted marks throughout sub-Saharan Africa for a top investment company; filed successfully in Kenya for a leading drinks maker; managed the portfolio of a pharmaceutical company; defended many complex oppositions; negotiated favourable out-of-court settlements and co-existence agreements; and handled precedent-setting geographical indications cases. Comfortable treading untravelled paths and pushing the boundaries of the law, practice head Perpetua Mwangi is driven by her passion for intellectual property. She maintains close relationships with diverse international clients and correspondent law firms abroad, for which she undertakes Kenyan and pan-African prosecution, and from which she earns high marks: “Perpetua is polite, friendly, helpful and responsive. She produces high-quality work and turns it around quickly.” Another key contact for the address book is Benard Murunga, who heads the commercial and corporate department in which the IP team is based. Adept at non-contentious trademark work, he also litigates with great proficiency.
Anjarwalla & Khanna
Leading corporate law firm Anjarwalla & Khanna maintains a highly specialised, sophisticated and innovative IP practice, assisting domestic and international clients with all aspects of rights protection. Taking an interdisciplinary approach, its trademark experts coordinate seamlessly with colleagues in other disciplines to solve multi-faceted problems in a joined-up style. A young partner whose star is firmly in the ascendant, lead lawyer Anne Kiunuhe offers a compelling blend of corporate, competition, TMT and IP know-how.
O&M Law
O&M Law is one of the largest trademark agencies in East Africa. It has two offices in Kenya and closely collaborates with law firms in neighbouring countries to provide its patrons with efficient services throughout the region. It receives warm praise for its “proactive, knowledgeable and professional” approach, and recently the group deployed a new system that aids in client management and allows the team to give timely advice on the renewal of trademarks. At the helm, Patrick Ogola has a well-rounded understanding of all facets of intellectual property, which he uses to create cost-effective strategies. At his side is WTR 1000 debutante Dorothy Muthini, “a diligent and approachable professional whose precise and applicable advice is highly valued”.
Walker Kontos Advocates
Business law firm Walker Kontos understands the commercial importance of strong and distinctive brands and well-protected intellectual assets. Supporting rights holders in and beyond Kenya through all phases of the trademark lifecycle, it unites specialists in the discipline with more generalist litigation lawyers to ensure that all bases are covered for clients. Courtesy of its strategic alliance with Norton Rose Fulbright, Walker Kontos has instant access to international expertise. Litigation partner Gregory Karungo is a safe pair of hands for any contentious brief; his prosecution experience gives him a particularly well-rounded perspective.
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Other recommended experts
Kibungei & Company’s Peter Keya has valuable corporate insight that allows him to see things through clients’ eyes. Practising in multiple legal areas, including intellectual property, he tailors solutions to business needs with precision. Lehmann Associates is starting to make its mark on the Kenyan IP scene, impressing with its non-traditional trademarks know-how, trend awareness and smooth handling of filing instructions, thanks to a state-of-the-art docketing system. Founding partner Amisi Joseph Lehmann gives “accurate advice that is easy to understand” and is “helpful, responsive and communicative”. Founder of MyIP Legal Studio, Liz Lenjo makes her debut in the WTR 1000 this year. She manages crucial instructions from prominent names in the fashion and entertainment industries, and serves as the Head of Intellectual Property & Policy for the Kenya Fashion Council. Andrew Ndikimi is detail-oriented and always takes the bigger picture into account, making him an effective partner in high-profile mandates that spread across Africa. In August 2021 he returned to his old outfit Ndikimi & Company Advocates. At Wanjiku Mohamed Advocates LLP, Catherine Wanjiku Gichachi Mohamed is a fantastic choice for rights holders with diverse IP portfolios, given her extensive knowledge of IP law in all its forms. She is aware of business trends and tailors her assistance accordingly.
