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
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...
Missed opportunities: The implications of squandering a disciplinary hearing
In employer-employee workplace tales, a person decrying unfair termination is a common scenario. But what about the instances where the employee had a chance to tell their side of...
Why employers should consider grievances provided by underperforming employees before termination
In today’s fast-paced and competitive world, employers are often faced with the challenge of managing employees who are not meeting their performance expectations. Poor performance...
Liquidation of Tuskys Supermarket: A case of too little too late
On 31 May 2023, Justice Majanja issued a judgment that marked an end to the restructuring efforts of Tuskys Supermarket after a three-year court battle. It was another classic example...
Harassment in the workplace: Risks, Regulation and Rights
The Employment Law team from CDH and Gateley hosted a webinar titled: Harassment in the workplace: Risks, Regulation and Rights.
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.