Desmond Odhiambo
Desmond Odhiambo is a Partner in our Dispute Resolution, Employment Law, Trusts & Estates practice areas, as well as in our Business Rescue, Restructuring & Insolvency 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).
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
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
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...
Redefining the Role of Internships: A Critical Turning Point in Kenyan Employment Law
Desmond Odhiambo, Partner in the Dispute Resolution practice at CDH Kenya, was recently featured in Business Daily, where he discussed ' Redefining the Role of Internships: A Critical...
The legitimacy of soft skills evaluation as grounds for termination of employment
On 30 September 2024, the Employment and Labour Relations Court rendered a judgment in Daniel Kang’ethe Mbugua v Smart Applications International Limited (Employment and Labour Relations...
Decoding “internship” realities: An analysis of Forum for Good Governance and Human Rights v TSC and Two Others
The Employment Act, CAP 226 (Employment Act) confirms in section 2 that apprentices and indentured learners are considered as employees. However, what happens when a duly trained and...
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?
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.
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
Many businesses use redundancies as a strategic restructuring tool.
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
Managing employee performance and creating an effective performance improvement plan (PIP) are active responsibilities that employers often underestimate. Employers must establish...
Njeri Wagacha talks to Vinodh Brathrie and Desmond Odhiambo
On this month’s podcast Njeri Wagacha talks to Vinodh Brathrie Head of Employee Relations for Africa Standard Bank and fellow Partner, Desmond Odhiambo, Partner in the Dispute Resolution...
Market recognition
- The Legal 500 EMEA 2022 recommended Desmond for dispute resolution.
Market recognition
- The Legal 500 EMEA 2022 recommended Desmond for dispute resolution.
Expertise
Dispute Resolution
Our lawyers work together with clients to find business-oriented dispute resolution solutions.
Employment Law
CDH offers support to clients engaging in the complex and constantly evolving people management space.
Corporate Debt, Turnaround & Restructuring
We have an experience team that can balance our clients' needs with the pragmatic realities they face.
Intellectual Property
Industrials, Manufacturing & Trade
We provide a multidisciplinary approach to legal and commercial matters across Africa.
Occupational Health & Safety
Our Occupational Health & Safety team delivers clear and precise legal advice.