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George Ndung’u

Senior Associate | Nairobi

George-Ndungu

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Contact

T: +254 20 503 1600

Overview

George Ndung’u is a senior associate in our Nairobi office and a member of the Dispute Resolution department.

George specialises in dispute resolution and litigation matters.

He graduated with a Bachelor of Laws (LLB) degree from Jomo Kenyatta University of Agriculture and Technology and has a Postgraduate Diploma from the Kenya School of Law.

George is a member of the Law Society of Kenya and is admitted as an advocate of the High Court of Kenya.

Experience

  • Base Titanium Limited – On behalf of Base we challenged the imposition of stevedoring charges by the Kenya Ports Authority (KPA) on their private Jetty, leading to an arbitration initiated by Base and an interim protection order granted by the High Court to secure the charges in escrow. We successfully represented Base in the subsequent Court of Appeal challenge by KPA.
  • Uber BV – We acted for Uber BV in filing a constitutional petition filed against the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development & Public Works, the National Transport & Safety Authority and the Honourable Attorney General challenging the legality of the National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations, 2022.
  • Majid Al Futtaim Hypermarkets – We acted for Uber BV in filing a constitutional petition challenging the Administrative Guidelines on Value Added Automatic Assessments published by the Kenya Revenue Authority and seeking a declaration of their unconstitutionality.
  • Nokia Corporation in various litigation matters relating to several disputes with (Technoservice). In the first of these matters, we act for Nokia in a suit alleging damages for breach of a contract by conduct filed by Technoservice. In the second matter, we act for Nokia in a suit for breach of two agreements between Nokia and Technoservice and the declaration that the arbitration clauses under the agreement are inoperable. In the third matter we act for Nokia in the enforcement of an Arbitral Award against Technoservice delivered by the ICC International Court of Arbitration.
  • Mjengo Limited – We acted for Mjengo Limited in filing a constitutional Petition challenging the imposition of excise duty on the importation of Pasta I Kenya under the Finance Act, 2021 which process was flawed by the National Assembly’s failure to conduct public participation.

Awards

  • Legal 500 ranked George as a Rising Star for Dispute Resolution in Kenya for 2023.

AREA OF EXPERTISE

Qualifications

  • Bachelor of Laws (LLB) degree from Jomo Kenyatta University of Agriculture and Technology.
  • Postgraduate Diploma from the Kenya School of Law.
  • Member of the Law Society of Kenya and is admitted as an advocate of the High Court of Kenya.

INSIGHTS

East Africa: IP Quarterly Newsletter – Q3 2023 Kenya: The Court of Appeal decides on the statutory obligations of suppliers in respect of product labelling Kenya: Celebrating a landmark victory at the Court of Appeal: The Case of Paul Wanyagah Vs. Market Development Trust T/A Kenya Markers Trust Kenya: Office of the Data Protection Commissioner guidelines on using alternative dispute resolution to resolve data protection disputes Kenya: High Court rules a creditor cannot seek recovery against a guarantor after purchasing the charged property of a chargor Kenya: NSSF Act, 2013 declared constitutional by Court of Appeal, higher contribution rates now in effect GHR Beyond, Africa Edition: Kenya Chapter Kenya: The Office of the Data Protection Commissioner issues decisions in the determination of complaints Kenya: High Court Clarifies the Legal Position on Foreign Insolvency Proceedings in Kenya Kenya: The Need for Change: The Transfer of Businesses Act and its Application in the Sale of Distressed Assets Kenya: High Court Determines the Right to Access to Information from State Bodies and the Enforcement of Contractual Non-disclosure Clauses Kenya: Law Restricting Ownership of Land in Kenya by Foreigners Declared Unconstitutional Kenya: Minimum tax declared unconstitutional Employment Act – “At will” termination of probationary contracts is unconstitutional UN Guiding Principles on Business and Human Rights at 10: The Impact of the UNGPs on Courts and Jurisdictional Mechanisms East Africa Quarterly and Monthly Newsletter Kenya: Termination of franchise agreements for failure to uphold operational standards permitted Newsletter on the publication of the Public Health (Prevention, Control and Suppression of Covid-19) Rules, 2020 and declaration of infected areas in Kenya FAQs for Kenyan employers on the COVID-19 (Coronavirus) Bowmans response to court closure in Kenya amid Coronavirus (COVID-19) Changes brought about by the Civil Procedure (Amendment) Rules, 2020

Overview

George Ndung’u is a senior associate in our Nairobi office and a member of the Dispute Resolution department.

George specialises in dispute resolution and litigation matters.

He graduated with a Bachelor of Laws (LLB) degree from Jomo Kenyatta University of Agriculture and Technology and has a Postgraduate Diploma from the Kenya School of Law.

George is a member of the Law Society of Kenya and is admitted as an advocate of the High Court of Kenya.

Experience

  • Base Titanium Limited – On behalf of Base we challenged the imposition of stevedoring charges by the Kenya Ports Authority (KPA) on their private Jetty, leading to an arbitration initiated by Base and an interim protection order granted by the High Court to secure the charges in escrow. We successfully represented Base in the subsequent Court of Appeal challenge by KPA.
  • Uber BV – We acted for Uber BV in filing a constitutional petition filed against the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development & Public Works, the National Transport & Safety Authority and the Honourable Attorney General challenging the legality of the National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations, 2022.
  • Majid Al Futtaim Hypermarkets – We acted for Uber BV in filing a constitutional petition challenging the Administrative Guidelines on Value Added Automatic Assessments published by the Kenya Revenue Authority and seeking a declaration of their unconstitutionality.
  • Nokia Corporation in various litigation matters relating to several disputes with (Technoservice). In the first of these matters, we act for Nokia in a suit alleging damages for breach of a contract by conduct filed by Technoservice. In the second matter, we act for Nokia in a suit for breach of two agreements between Nokia and Technoservice and the declaration that the arbitration clauses under the agreement are inoperable. In the third matter we act for Nokia in the enforcement of an Arbitral Award against Technoservice delivered by the ICC International Court of Arbitration.
  • Mjengo Limited – We acted for Mjengo Limited in filing a constitutional Petition challenging the imposition of excise duty on the importation of Pasta I Kenya under the Finance Act, 2021 which process was flawed by the National Assembly’s failure to conduct public participation.

Awards

  • Legal 500 ranked George as a Rising Star for Dispute Resolution in Kenya for 2023.

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