Clifford Odhiambo

Managing Partner & Partner In-charge

Profile Overview

Clifford is a holder of a Bachelor of Law Degree with distinction from Mt. Kenya University (School of Law). He also holds a Postgraduate Diploma from the Kenya School of Law.

Prior to the establishment of Clifford Odhiambo & Company Advocates, Clifford was the Head of Litigation & ADR in a prominent boutique Kenyan law firm.

He began his career as an intern in then firm of Hamilton Harrison & Mathews (Incorporating Oraro & Company Advocates) before completing his pupilage in the firm of Oraro & Company Advocates. He is a member of the Law Society of Kenya and the East African Law Society.

Capabilities

He has a broad range of experience with a particular focus on general commercial litigation work, banking and financial litigation services, constriction and project dispute resolution, Arbitration, Constitutional and Administrative law, Contract law, Corporate law, Employment and Labour law, and Taxation law.

Clifford’s practice also covers cases involving freezing injunctions and other forms of injunctive reliefs. He also has experience in constitution petitions, intellectual property disputes, among others.

Notable Achievements

Successfully guided and advised a local micro-finance institution in an ESOP loan scheme valued at Kshs.913, 493,092 or equivalent of USD 8,346,213. The detailed legal advice sought to address various issues including tax. It answered the client’s concern whether it should write off the ESOP loan to Chase Bank (Kenya) Limited (in Receivership, as it was then) from its books of account without weakening its claim against KDIC.

Successfully undertook a legal audit (employment and human resource management) of a client with a labour force in excess of 700 persons directly employed

Successfully lifted interlocutory orders against one of Kenya’s leading Banks that had clogged its statutory power of sale over a prime piece of land valued at Kenya Shillings Five Hundred Million (Kshs. 500,000,000.00/-) or equivalent of USD $ 4,568,296. The matter is currently ongoing. Advised and represented a prominent Islamic Kenyan commercial bank in various claims filed in 2020 in which it sought to recover varied sums ranging from Kshs. 20,000,000 to 47,000,000 advanced to its clients under musharaka loan agreements.

In 2020 our Mr. Clifford drafted, filed and appeared in court on behalf of a prominent Islamic Kenyan Bank against a firm of property valuers. It was the banks claim that it had advanced loans to its various clients based of the property valuer’s report only for the bank to later realize that the properties were grossly over-valued leaving the bank with low value assets compared to their forced sale value. As such the bank is seeking to be compensated USD $ 1,372,730.02 as damages. The matter is currently ongoing.

Successfully represented a tier two Kenyan Bank against adverse orders issued ex-parte in a four (4) matters and successfully overturned the orders thus unclogging the Bank’s statutory power of sale. The value of the subject matters ranged from Kshs. 5M – 17M.

Part of the team that actively drafted pleadings and represented a state corporation both in the High Court and Court of Appeal in construction contract dispute valued at USD $ 484,502,886.40. At the heart of the dispute is a claim for an additional USD $ 126, 255,812.62 together with interest of USD $2,651,824.07 as dues following the Extension of Time (EOT) while constructing the 20” diam multi-product pipeline of over 450km, from Mombasa to Nairobi.

Represented an insurance company at the Insurance Appeal Tribunal and successfully obtained a favourable judgment for a matter in which its former director was contesting the Insurance Regulatory Authority decision to revoke their appointment as Principal Officer.

Successfully defended a client and fended off adverse interlocutory orders in a matter where the client had been sued for Kshs. 100,000,000 or equivalent of USD 1,000,000 as damages for alleged publication of libelous material.

Successfully represented a company in the High Court and obtained a judgment of Kenya Shillings Sixty-One Million Seven Hundred and Twelve Thousand (Kshs.61, 712,000.00) and interest being the purchase price goods supplied but never paid for. (He was unable to see the execution of the decree to completion as he was leaving the firm).

Represented two reputable Kenyan financial institution in numerous matters in the High Court or Kenya and in the lower courts in which their statutory powers of sale were being challenged.

Successfully negotiated an out of court settlement for a claim of infringement of intellectual rights and loss of profits by a renowned global confectionery and cookies manufacturer against one of our clients

Key research and drafting Team member for the successful Petitioner who had challenged, in the Supreme Court of Kenya, the election of the declared winner of the 2017 Presidential Elections of the Republic of Kenya. This culminated with a historic judgment of that Court which nullified the re-election of the incumbent President and ordered a repeat of those elections. A first of its kind in Africa.

Represented two County Governments of Kenya in separate matters in the High Court of Kenya touching on land and violations of constitutional right.

Successfully argued in the High Court (Employment & Labour Relations Court) for interim reinstatement with full salary and benefits of four Members of County Executive Committee (CEC) Nyandarua County Government of Kenya. § Represented two key parastatals at the High Court in ongoing disputes concerning employment and internal management of functions.

Represented a leading bank in a commercial transaction relating to creation and discharge of securities in the sum of KSh. 700 Million.

Drafted sale agreement for the sale and facilitated the registration of pieces of land in coastal region of Kenya worth over Kshs.450 million.