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Desmond Odhiambo

Partner

Desmond Odhiambo is a Partner in our Dispute Resolution, Employment Law, Trusts & Estates practice areas, as well as in our Corporate Debt, Turnaround & Restructuring  sector. 

He has extensive litigation experience as lead counsel in all the higher Kenyan courts as well as quasi judicial bodies such as the Public Procurement Administrative Review Board and the Kenya Industrial Property Institute. He is a qualified mediator and a member of the Chartered Institute of Arbitrators (MCIArb).

+254 710 712 379
desmond.odhiambo@cdhlegal.comNairobi
Desmond Odhiambo

About Desmond

About Desmond

Desmond started as a Trainee Lawyer at a firm in Kenya and was later appointed as an Associate. He subsequently joined another firm where he remained as a Partner in the Dispute Resolution practice until October 2017. Desmond joined Kieti in 2017.

Credentials

Credentials

Education

  • Postgraduate Diploma in Law, Kenya School of Law & Kenyan Bar Admission
  • LLB, Bachelor of Laws, University of Leeds, England

Membership

  • Law Society of Kenya
  • Chartered Institute of Arbitrators (MCIArb)

Languages

Languages

  • English
  • Swahili

About Desmond

Desmond started as a Trainee Lawyer at a firm in Kenya and was later appointed as an Associate. He subsequently joined another firm where he remained as a Partner in the Dispute Resolution practice until October 2017. Desmond joined Kieti in 2017.

Credentials

Education

  • Postgraduate Diploma in Law, Kenya School of Law & Kenyan Bar Admission
  • LLB, Bachelor of Laws, University of Leeds, England

Membership

  • Law Society of Kenya
  • Chartered Institute of Arbitrators (MCIArb)

Languages

  • English
  • Swahili

Experience

Retail supermarket chain

Advising a large retail supermarket chain on a debt restructuring plan that culminated in a Company Voluntary Arrangement (“CVA”) with hundreds of creditors.

Food services franchisee

Advising a leading food services franchisee on an appropriate business rescue mechanism under the Insolvency Act 2015. 

Estate of luxurious apartments

Successfully restraining the government from demolishing an estate of luxurious apartments along the coastal line of Mombasa worth KES 2 Billion.

Mortgage finance company

Successfully defending a mortgage finance company in a claim for an alleged breach of undertaking worth KES 200 Million.

Commercial bank

Successfully defending a commercial bank against a claim for shares worth KES 120 Million under an Employee Share Ownership Scheme (ESOP).

International charitable organisation

Successfully defending an international charitable organisation in a construction dispute worth KES 78 Million.

Provisions on inheritance.

Acting for an estate worth KES 15 Billion in a landmark succession case at the Court of Appeal on whether estoppel can override statutory provisions on inheritance.

USAID funded projects

Advising various USAID funded projects on employment regulations, redundancies and drafting employment agreements.

Commercial litigation

Undertaking a wide range of commercial litigation in relation to guarantees, judicial review of government actions, winding up of companies and enforcement of securities.

News

Should Kenya adopt statutory adjudication for construction disputes?
Dispute Resolution

Should Kenya adopt statutory adjudication for construction disputes?

Africa’s growing infrastructure is a critical and transformative development that has the potential to drive the continent’s economic and social progress, with significant investments...
Battle of the insolvency provisions: Which law governs insolvency of insurance companies?
Dispute Resolution

Battle of the insolvency provisions: Which law governs insolvency of insurance companies?

When a company hits a rough financial patch and is unable to make good on its financial obligations, liquidation serves as a valid legal mechanism available to creditors to recover...
Court reaffirms that holders of floating charges pre-Insolvency Act, retain the right to appoint receivers
Dispute Resolution

Court reaffirms that holders of floating charges pre-Insolvency Act, retain the right to appoint receivers

The general rule in statutory interpretation is that legislation does not apply retrospectively unless expressly stated or implied by necessity. However, Parliament has the authority...
Avoid costly mistakes: Why formal agreements are critical in mutual separations
Employment Law

Avoid costly mistakes: Why formal agreements are critical in mutual separations

What happens when a resignation is agreed upon without the clarity of a formal written agreement? The recent case of Mwenda v Afri Business LLP and Another KEELRC 2346 highlights the...
Key highlights from the Court of Appeal’s ruling on defamation and responsible journalism
Dispute Resolution

Key highlights from the Court of Appeal’s ruling on defamation and responsible journalism

The Court of Appeal has reinforced critical principles in defamation law and the standards of responsible journalism in its decision in Ongwen and Five Others v Omollo and Six Others...

All articles by Desmond
Webinar Recording | Risks facing construction projects in Africa
Construction & Engineering

Webinar Recording | Risks facing construction projects in Africa

Our panel of experts gave an overview of the challenges and constraints that face players in the construction industry in Africa and practical insights on how to handle them.
Re-thinking industrialization in Kenya and the East Africa Community. What does the future hold?
Industrials, Manufacturing & Trade

Re-thinking industrialization in Kenya and the East Africa Community. What does the future hold?

CDH in partnership with the French Chamber of Commerce Kenya hosted an informal breakfast event to discuss matters that affect the future of business in an everchanging market.

All videos by Desmond
Inability to pay under Kenya’s Insolvency Act
Dispute Resolution

Inability to pay under Kenya’s Insolvency Act

In this episode of CDH Conversations, Desmond Odhiambo and Faith Wamuyu demystify what it really means when a company is said to be “unable to pay its debts” under Kenya’s Insolvency...
An Analysis of the Affordable Housing Bill, 2023 vis a vis the High Court's Judgment and the ruling of the Court of Appeal
Tax & Exchange Control

An Analysis of the Affordable Housing Bill, 2023 vis a vis the High Court's Judgment and the ruling of the Court of Appeal

On 28 November 2023, The High Court of Kenya held that the housing levy as framed in Finance Act, 2023 is unconstitutional.
Fair farewell – How to deal with secondment contracts during redundancy
Employment Law

Fair farewell – How to deal with secondment contracts during redundancy

Many businesses use redundancies as a strategic restructuring tool.
The concept of lockouts and how employers may respond to a strike
Employment Law

The concept of lockouts and how employers may respond to a strike

A lot of discourse within employment circles in Kenya has been about strikes. However, very little has been said about the right of employers to lockout employees.
Performance management and performance improvement plans in the employment context
Employment Law

Performance management and performance improvement plans in the employment context

Managing employee performance and creating an effective performance improvement plan (PIP) are active responsibilities that employers often underestimate. Employers must establish...

All podcasts by Desmond

Market recognition

  • The Legal 500 EMEA 2025 mentioned Desmond for Employment.
  • The Legal 500 EMEA 2022 recommended Desmond for dispute resolution.

Market recognition

  • The Legal 500 EMEA 2025 mentioned Desmond for Employment.
  • The Legal 500 EMEA 2022 recommended Desmond for dispute resolution.

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