Yonah Ougo

Partner

Yonah Ougo is an Advocate of the High Court of Kenya and a partner at OK Law Advocates LLP. He practices in the commercial transactions and dispute resolution practice area with competencies in transactional advisory, arbitration, alternative dispute resolution and commercial litigation. He has represented local and international clients in banking, corporate & commercial disputes, constitutional law matters, employment and labour law disputes, insolvency, land and property law and tax disputes.

Yonah also handles Conveyancing & Real Estate Transactions as well as Legal Due Diligence projects relating to Mergers & Acquisitions and legal compliance for businesses.

Previously, he was the founder of Ougo & Partners Advocates. Before that, Yonah served as an Associate in the Dispute Resolution Department of one of Kenya’s leading firms, Oraro & Company Advocates.

He has handled matters in the Supreme Court of Kenya, Court of Appeal, the High Court, Employment & Labour Relations Court, and various Tribunals. He has also been involved in various complex arbitrations.

Yonah has advised both local and international clients across an array of sectors such as real estate & construction, financial services, technology, manufacturing and the public sector.

In a typical legal brief, he is involved in, among other roles:

  • Drafting and negotiation of contracts;

  • Reviewing commercial contracts;

  • Providing legal advisory services with regard to various transactions;

  • Aiding debt collection through legal channels;

  • Dispute resolution and dispute prevention;

  • Representation in out-of-court settlements;

  • Representation in court proceedings;

  • Preparation of legal documents and templates;

  • Ensuring legal and regulatory compliance; and

  • Alternative Dispute Resolution.

    • Memberships

  • Law Society of Kenya

    • Recent Experience

  • Part of the Team of Lawyers that successfully defended a top Kenyan Aviation Company in a derivative action claim brought by one of the company’s ex-directors seeking approximately KES 10 billion.

  • Part of the team representing Imperial Bank Kenya Limited (Under Receivership) in a claim that seeks the tracing and recovery of approximately USD 340 million which was defalcated from the Bank. This is the largest banking fraud in Kenya to date.

  • Part of the Team of Lawyers that successfully represented the Central Bank of Kenya (“CBK”) in a Petition before the High Court challenging the decision of the CBK to issue a gazette notice demonetizing the 1000 Kenya Shilling note on the grounds that the notice was illegal as it contravened the law. The Petition also challenged the design of the print of the new notes on the grounds that they contravened the Constitution of Kenya, 2010 by bearing the picture of a person, contrary to the Constitution. The Petition was subsequently heard by a three (3) judge bench of the High Court and dismissed.

  • Part of a team that successfully represented an ICT solution and consultation company operating all over Africa in the Court of Appeal, in a wrongful termination matter on account of redundancy.

  • Part of the team that successfully represented the Law Society of Kenya (“LSK”) in a petition that challenged a decision by the Treasury to decline the Petitioner’s application for corporation tax exemption under the Income Tax Act. The Petition also faulted the Treasury for failing to follow due procedure in arriving at its decision to decline LSK's application for tax exemption.

  • Part of a team that successfully represented one of the largest employee unions in Kenya in a petition that challenged the violation of constitutional and statutory provisions in relation to the running and management of all Nairobi City County Primary and Secondary Schools sitting on the same parcel of land.

  • Part of a team acting in an arbitration for a Kenyan Construction Company (part of a Belgian Construction Company conglomerate) which had been sued for over KES 509 million (approximately USD 4.75 million) in damages for an alleged breach of a Construction Agreement.

  • Part of the team that advised the owner and operator of fast-food franchises based in Kenya on their restructuring process which involved sale and acquisition of shares.

  • Successfully representing Icopower Kenya Limited, a technology company that deals in energy saving equipment in a series of breach of contract claims where the company eventually recouped lost earnings.

  • Part of a team representing a Kenyan Construction Company in an arbitration claim of USD 5 Million.

  • Part of team representing a top Kenyan Construction Company in a dispute before the Kenyan High Court for the sum USD 8 Million.

  • Part of a team representing a leading commercial bank against three separate class action claims in the Employment and Labour Relations Court, for the recalculation of terminal benefits arising from voluntary early retirement taken by the claimants worth USD 8 million.

  • Part of Team representing a Kenyan parastatal in a USD 4.3 million claim brought by its former employees to enforce an award made by the Industrial Court.

  • Part of the litigation team representing an international research institute in a land rates dispute of an estimated demand value of USD 4.8 million.

  • Advised various international and local clients on the prospects and formalities of investment in Kenya.

  • Drafting and reviewing commercial contracts for American venture capital companies, start-ups, contractors, banks and other financial investment institutions.

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