Faith M. Macharia | Partner | Anjarwalla & Khanna
Faith’s practice includes domestic, regional and international representation of parties before different courts, tribunals and other forums. She has handled a blend of complex matters as the lead lawyer and as part of a team before the East African Court of Justice (EACJ), all levels of court in Kenya, several local tribunals and international tribunals appointed by the London Court of International Arbitration (LCIA)
She has also represented clients before special committees of the National Assembly and The Senate as well as before the Multi – Agency Team constituted differently.
The matters include complex commercial disputes, trade disputes, employment disputes, shareholders disputes, land disputes and tax disputes. She also advises on diverse employment issues.
Faith has been on secondment to Stephenson Harwood, London, a leading multinational law firm. She is a co-author of the Kenyan Chapter of the 7th & 8th Editions of the International Arbitration Review. She is also a co-author of the Kenyan chapter of the Chambers Anti-Corruption Global Practice Guide, 2018. She also speaks as a panellist on arbitration topics in the region, including at the 2016 East Africa International held in Kampala.
Faith was ranked as an associate to watch in 2018 Chambers rankings in dispute resolution in Kenya. Clients acknowledged that “she has very good insights and is always on top of facts and strategy”.
Membership in Professional Societies
- Law Society of Kenya
- Law Reform, Devolution and Constitutional Implementation Committee
- East African Law Society
2010: Admission to the Kenyan bar
2009: Diploma in Law, Kenya School of Law
2007: LLB (2nd Class Honours, Upper Division) University of Nairobi
JAN 2020 – DATE: Partner, Anjarwalla & Khanna
2016 – DEC 2019: Senior Associate, Anjarwalla & Khanna
2016: Associate (Secondment), Stephenson Harwood, London
2015 – 2016: Principal Associate, Anjarwalla & Khanna Advocates
2012 – 2014: Associate, Anjarwalla & Khanna
2011 – 2012: Associate, MMC Africa Law (previously Muriu, Mungai & Co. Advocates)
2009 – 2010: Legal assistant, MMC Africa Law (previously Muriu, Mungai & Co. Advocates)
2008: United Nations Development Programme (UNDP)
Awards & Accolades
- Faith was ranked by Chambers Global 2018 as an associate to watch in dispute resolution in Kenya. Clients acknowledged that “she has very good insights and is always on top of facts and strategy”.
- Successfully acting for a company in connection with a landmark case in Kenya the outcome of which impacted the entire betting industry and clarified the law on what constitutes winnings under the Income Tax Act, Chapter 407, of the Laws of Kenya. This involved obtaining interim orders of protection at the Judicial Review Division of the High Court and subsequently at the Tax Appeal Tribunal against several demands by the Kenya Revenue Authority (KRA) for large amounts of money running into billions of Kenya Shillings and obtaining court orders to unfreeze the company’s bank accounts. The scope of work included representing the company simultaneously in multiple forums facing different issues including before two divisions of the High Court, the Tax Appeal Tribunal, the Justice, Legal Affairs and Human Rights Committee of the Senate and the Directorate of Criminal Investigation.
- Obtaining conservatory orders on behalf of the Association of Kenyan Insurers (AKI) in a Constitutional petition against KRA, the Attorney General and the National Assembly, suspending the further implementation of the amendment to the Value Added Act ( VAT Act) introduced by the Tax Laws Amendment Act, 2020( The Tax Amendment 2020). The Tax Amendment 2020 amended Paragraph 10 of Part II of the First Schedule to the Value Added Tax Act, 2013 the VAT Act to remove insurance agency and insurance brokerage services from the list of VAT exempt services effective from 25 April 2020.The conservatory orders were granted on the background of the petition challenging the constitutionality of the amendment which sought to introduce VAT on the services of insurance companies through the back door and in an ambiguous manner.
- Acting for a client in an ongoing dispute in connection with multiple complex high level shareholders disputes at the High Court of Kenya, the Court of Appeal, special committees of the Parliament, the Ethics and Anti–Corruption Commission and the Multi-Agency team in relation to a matter involving a conspiracy to defraud foreign investors/shareholders and fraudulent transfer of shares in local and multinational companies whose underlying asset is land, on the background of complex commercial structures involving beneficial ownership of the companies both locally and internationally.
- Successfully acting for Africa Oil Corp. and group of companies in connection with a contentious high profile Judicial Review proceedings challenging the grant of Petroleum Sharing Contracts (PSC) to Africa Oil over several oil Blocks in Northern Kenya at the High Court and the Court of Appeal. This case involved a jurisprudential point of law in Kenya where the Court of Appeal expressed itself for the first time on the application of the doctrine of Res Judicata in Judicial review matters.
- Representing a Ugandan oil marketer in an ongoing dispute before EACJ against the Government of Uganda following a decision by the Uganda Revenue Authority to issue the company with an alleged tax demand of UGX 2.5+ billion arising from custom taxes on various lubricant items manufactured by the company in Kenya and imported into Uganda. The case will clarify the distinction between simple and complex mixing of raw products (lubricants) locally manufactured in partner states as set out in the East African Community Rules of Origin.
- Representing a company registered in the Republic of Tanzania against the Government of Kenya in a an ongoing dispute before EACJ seeking, among others, a declaration that section 41 of the Business Laws (Amendment) Act, 2020 which amended the Excise Duty Act, 2015 to introduce excise duty of 25% on imported glass into Kenya contravened and infringed the various provisions of the Treaty for the Establishment of the East African Community, the Protocol on the Establishment of the East African Customs Union and the Protocol on the Establishment of the East African Community Common Market.
- Successfully defending Essar Telecom Kenya in connection with a suit filed at the Employment and Labour Relations Court seeking an injunction to stop the conclusion of Essar’s sale of its Kenyan subsidiary, Yu, a local mobile service provider, including successfully arguing the absence of a legal basis under Kenyan employment law underlying the plaintiff class action of 233 Yu employees’ allegation of guaranteed redundancy packages in the context of a company sale as well as successfully negotiating a court approved settlement with the plaintiffs.
- Acting for Planned Parenthood Federation of America (PPFA), a non-profit organization that provides reproductive health care in the United States and globally, in connection with a dispute filed at the Employment and Labour Relations Court involving immunity of PPFA against legal proceedings. We are currently waiting for a determination on this key issue by the Court of Appeal
- Successfully defending Simba Colt Corporation in connection with a highly sensitive and contested employment dispute on equal remuneration for work of equal value or equal pay for equal work as well as racial discrimination issues. The case also brought into issue the delicate balance of the right to access information vis-a-vis the right of privacy guaranteed by the Kenyan Constitution.
- Advising a multinational company in connection with the disciplinary procedure under the local labour laws and assisting in the practical implementation of the disciplinary process against its employees within the legal framework and the company’s human resource policy and eventual termination of the employees following a massive fraud within the company, including successfully defending the company in the Employment and Labour Relations Court against nine claims for unlawful termination following dismissal of the senior and middle level managers flowing from the disciplinary process.
- Advising a bank in connection with the local labour law requirements and general best practice that should be followed when suspending the managing director of their subsidiary in Kenya and the regulatory requirements around notification and reporting under the Insurance Act following the suspension of the managing director. Successfully negotiating a mutual separation of the parties and advising/ negotiating terminal benefits for the managing director.
- Successfully acting for a private equity firm in connection with an international arbitration under the LCIA Rules and subsequent recognition and enforcement proceedings of an international award in Kenyan courts. The dispute was in connection to a post–acquisition dispute in relation to breach of warranties, fraud, misrepresentation, and quantification of loss relating to a consideration based on EV/ EBITDA data. Due to the complex issues involved, we provided experts’ reports from four (4) different disciplines. These are plant and machinery experts, land surveyors, forensic accountants, and loss quantification experts.
- Successfully Acting for a leading privately owned security services company offering security services and cash solutions, in connection with two post-acquisition disputes filed before tribunals appointed by the London Court of International Arbitration in relation to completion account issues, breach of warranty and indemnity claims, pension and gratuity claims, disputes arising from the terms of a Collective Bargaining Agreement entered into by the company and a union. This was a cross- border dispute involving several countries, including Kenya, Uganda, Tanzania, Malawi and Rwanda. Both matters involved expert witnesses on Kenyan Employment law.
- Advising a large multinational in connection with anti-bribery allegations against the senior management of its affiliate company in Kenya on the Kenyan anti-bribery laws, liability of the company, the multinational and their officers and reporting obligations under the applicable statutes in Kenya.