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, and before the Multi–Agency Team made up 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 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. She is a co–author of the 6th, 7th, 8th, 9th and 10th editions of the International Arbitration Review, Kenyan Chapter. She is also a co–author of the Kenyan chapter of the 2018 Chambers Anti-Corruption Global Practice Guide.
Faith speaks as a panellist on arbitration topics in the region, including at the 2016 and 2020 East Africa International Arbitration Conference. She also provides training, writes, and speaks on a wide range of contentious issues.
Faith is a member of the Technical Committee on drafting Regulations and Guidelines under the Bribery Act.
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”. The Law Society of Kenya, Nairobi Branch nominated her, under two separate categories, Best lawyer of the Year and Pupil Master of the Year, 2020.
Membership in Professional Societies
- Law Society of Kenya
- Law Reform, Devolution and Constitutional Implementation Committee
- East African Law Society
2009: Post Graduate 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 in the first 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 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 representing the Association of Kenya Insurers in connection with interim applications at the High Court and Court of Appeal against the Kenya Revenue Authority (KRA), Attorney General and National Assembly, in a petition seeking to reinstate insurance agencies and insurance brokerage services to the list of VAT exempt services. These services were excluded from the list of VAT exempt services by the Tax Laws (Amendment) Bill, 2020. The category targeted by the amendment are the intermediaries, whereas the category that is actually incurring the cost of the VAT are the insurance companies whose services are VAT exempt. Getting conservatory orders suspending the further implementation of the amendment introducing VAT on services offered by insurance agencies and insurance brokers, pending the hearing and determination of the petition.
- Successfully acting for Gamcode (trading as Betika) 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.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.
- Representing an Ugandan oil marketer in an ongoing case, at the East Africa Court of Justice (EACJ) at Arusha, against the Government of Uganda in connection with a decision by the Uganda Revenue Authority (URA) to issue the company with a huge tax demand arising from custom taxes on various lubricant items manufactured by the company’s sister company in Kenya and 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 in connetion with an interim application 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. The interim orders have provided a reprieve to the company and other glass importers into Kenya from the EAC Partner States pending the determination of the case.
- 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.
- Acting for Planned Parenthood Federation of America 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 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.
- Representing a private equity fund at the High Court in connection with 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.
- 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.