• +254 (0) 703 032 000, +254 (0) 20 364 0000
  • +254 (0) 733 000 266
  • fm@africalegalnetwork.com
  • ALN House, Eldama Ravine Close, Off Eldama Ravine Road, Westlands
  • P O Box 200-00606, Sarit Centre, Nairobi, Kenya

Faith M. Macharia | Partner | Anjarwalla & Khanna

Background

Faith Macharia’s practice includes domestic, regional, cross-border 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, and before the Multi–Agency Team made up differently.

Her matters include complex commercial disputes, trade disputes, employment disputes, shareholders disputes, land disputes and tax disputes. She also advises on diverse employment issues and helps clients in enforcement proceedings of local and international arbitral awards in Kenya.

Faith has been on secondment to Stephenson Harwood, London, a leading multinational law firm.

Faith provides training, writes, and speaks on a wide range of contentious issues. She co–authored the 6th, 7th, 8th, 9th and 10th editions of the International Arbitration Review, Kenyan Chapter. She also co–authored the Kenyan chapter of the 2018 Chambers Anti-Corruption Global Practice Guide. She regularly speaks as a panelist on arbitration topics in the region, including at the 2016 and 2020 East Africa International Arbitration Conference.

Faith is a member of the Technical Committee on drafting Regulations and Guidelines under the Bribery Act.

She also provides training, writes, and speaks on a wide range of contentious issues.


Membership in Professional Societies

  • Law Society of Kenya
  • Law Reform, Devolution and Constitutional Implementation Committee
  • East African Law Society

Professional Qualifications

2010: Admission to the Kenyan bar

2009: Diploma in Law, Kenya School of Law

2007: LLB (2nd Class Honours, Upper Division) University of Nairobi


Career Summary

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)


Languages

  • English
  • Kiswahili

Awards & Accolades

  • Faith is ranked by Legal 500, 2021 as a Next Generation Partner for Employment Practice in Kenya.
  • Faith is recognised in Dispute Resolution category by Legal 500, 2021
  • Faith was nominated by The Law Society of Kenya, Nairobi Branch under two separate categories, Best lawyer of the Year and Pupil Master of the Year, 2020.
  • Faith was ranked by Chambers Global 2018 as an associate to watch in dispute resolution in Kenya.

Faith is an “up-and-coming name in employment disputes” – Legal 500 2021

Clients highly regarded her by noting that “Faith Macharia has unique legal capabilities. Her ability to grasp issues and argue them out in court is beyond any experience I have come across” – Legal 500 2021

‘’We have been especially impressed with Faith Macharia and her demonstrable commitment to excellence and attention placed on assisting us to achieve our objectives.’’ –   Legal 500, 2021.

Clients acknowledged that “she has very good insights and is always on top of facts and strategy”. – Chambers Global 2018.


Top Matters

  • Successfully acting in the first and high value oil and gas dispute filed in Kenyan courts 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 by the Government of Kenya to Africa Oil over several oil Blocks in Northern Kenya at the High Court and Court of Appeal.  The Court of Appeal for the first time determined the application of the principle of res judicata in judicial review matters following conflicting decisions by the High Court.
  • Successfully acting for Gamcode (trading as Betin) with foreign and local shareholding against KRA in connection with a complex, political, landmark, and high value dispute in five (5) different forums, calling for a well-coordinated team and thought-out strategy, the outcome of which affected the entire betting industry. For the first time in Kenya, the Tax Appeals Tribunal clarified the law on what makes up winnings under the Income Tax Act, Chapter 407, of the Laws of Kenya. The matter is currently pending appeal at the High Court.
  • Successfully representing the Association of Kenya Insurers at the High Court and Court of Appeal against the KRA, Attorney General and National Assembly, in a petition challenging the Constitutionality of Paragraph 10 of Part II of the First Schedule of the Value Added Tax Act (VAT Act) as amended by the Tax Laws Amendment Act, 2020 and effectively seeking to reinstate insurance agencies and insurance brokerage services to the list of VAT exempt services. Getting conservatory orders suspending the further implementation of the above provisions of the law, pending the hearing and determination of the petition.
  • Successfully representing the Kenya Association of Manufacturers at the High Court against the KRA, the Attorney General and National Assembly, in a petition challenging the Constitutionality of the recently introduced Minimum tax in Kenya. Getting conservatory orders suspending the further implementation of the above provisions of the law pending the hearing and determination of the Petition.
  • Filing a without prejudice petition at the High Court on behalf of a minority shareholder against unfair, prejudicial, and oppressive actions undertaken by majority shareholders and obtaining interim orders to protect the minority shareholder’s interest including orders stopping dilution of the minority shareholder’s shares in the Company and removal from the position of the director pending the hearing and determination of the main dispute.
  • 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 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 including ultimate beneficial shareholding of the client  in various offshore countries.
  • Representing an Ugandan oil marketer in an ongoing case, at the East Africa Court of Justice (EACJ) at Arusha, against the Government of Uganda following a decision by the Uganda Revenue Authority (URA) to issue the company with a huge tax demand arising from custom taxes on lubricants imported by the company into Uganda, on the grounds that URA’s decision was unlawful, for infringing various provisions of the Treaty for the Establishment of the East African Community, the Protocol on the Establishment of the East African Customs Union, the Protocol on the Establishment of the East African Community Common Market and the East African Community Customs Union (Rules of Origin) Rules (the EAC Rules of Origin).
  • Successfully representing a company registered in the Republic of Tanzania against the Government of Kenya and getting interim orders in favour of the company in 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. This case impacts on business within the six (6) EAC members states importing glass and glass bottles into Kenya.
  • Successfully defending Essar Telecom Kenya in connection with a suit filed at the Employment and Labour Relations Court (ELRC) seeking an injunction to stop the conclusion of Essar’s sale of its Kenyan subsidiary, Yu, a local mobile service provider.
  • Acting for Planned Parenthood Federation of America (PPFA), in connection with a dispute filed at the ELRC involving immunity of PPFA against legal proceedings.
  • 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 and racial discrimination issues.
  • 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.  Successfully defending the company in multiple claims filed at the Employment and Labour Relations Court on actions taken by the company based on our advice.
  • Successfully acting for a private equity fund, in connection with a complex high value post-acquisition of a business dispute filed at the London Court of International Arbitration (LCIA), for breach of warranties and misrepresentation, on the background of falsification and manipulation of key financial documents provided to the client during the due diligence process and subsequent deletion and destruction of financial documents by the sellers to conceal the true value of the business, including representing the client at the arbitral proceedings, advising the client on experts and expert processes (five (5) different experts were involved).
  • Currently representing the company above at the High Court and Court of Appeal in ongoing enforcement proceedings of an international arbitral award and defending the company in related interpleader proceedings and setting aside of the international arbitral award.
  • 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 LCIA 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 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 in 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.
  • Acting for a client together with White and Case, New York, in connection with bribery allegations in Kenya.