FIRM PROFILE
About Us
HMS is a unique firm of empowered individuals. It is grounded by integrity and draws strength from its diversity. We strive to invent the future by providing innovative solutions to our clients.
HMS is a unique firm of empowered individuals. It is grounded by integrity and draws strength from its diversity. We strive to invent the future by providing innovative solutions to our clients. HMS Advocates is Professional Partnership founded by Alibhai Fakhrudin Hassan, Charles Liewa Madowo, and Nuru Said Ahmed. A distinguishing attribute of the firm is its dedication to providing a value-adding, solution-orientated service to its clients.
We believe in looking after our clients’ legal interests by mastering their business and the environment in which they operate. In this way we are able to advise our clients on pursuing their strategic imperatives while assisting in steering them away from the legal challenges encountered in the ordinary course of business. This is our second pillar of success.
HMS specializes in Strategic Advice and Structuring, Commercial Transactions, Commercial Litigation, Public Sector and Administrative Law, Employment Law, Property Law and Conveyancing, Trusts and Estates, Insurance Law as well as Personal Injury, Intellectual Property and Entertainment Law and General Litigation. The firm’s uniqueness is attributable to the three pillars that underpin our overall approach and strategy. They are: We place a high premium on the personal wellbeing and development of our lawyers and their support staff. Our people are thus our first and most important pillar of success.
We have managed to achieve a demographic diversity. We are at the forefront of transformation in the legal services industry. This attribute is the third pillar and the strength in diversity, which we speak of in our mission statement. HMS endorses the notion that, in order to avoid unnecessary delays in achieving effective transformation, the “potential to acquire” the expertise required to meet our Clients’ needs should be given prominence. The firm believes that the high quality of service, which a client should rightly expect from an advocate, need not be compromised.
Introduction
Expertise and Practice Group Members
HMS offers a variety of expertise in all areas of major legal practice. We thus offer a full complement of legal services in the following fields of law: ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++ ++
Administrative Law Alternative Dispute Resolution Banking and Securities Law Commercial Litigation Competition Law Compliance and Corporate Governance Contracts Constitutional Law Conveyancing Law and Practice Corporate and Commercial Law Employment Law Insurance Law Intellectual Property Law Entertainment Law International Contracts and Commercial Litigation Mergers and Acquisitions Project and Structured Finance Property Development Law Public Law Tax Law Public-Private Partnerships
HMS is organized into seven practice groupings focusing on the major areas in which we specialize. The various practice groups interact with each other and operate as multidisciplinary teams as and when projects require expertise from different areas of practice. HMS is a full-service legal resource for its clients, offering trusted advice and firstrate service in all avenues and aspects of a Client’s personal and business life. We strive to maintain excellent, high quality and deliver the highest standards of integrity, efficiency and responsiveness in all our work.
We offer a full spectrum of corporate and commercial law services. These services include transactional and regulatory issues.
Our team offer services in the following areas of law ++ Banking Law ++ Competition Law ++ Compliance and Corporate Governance ++ Consumer Protection Law ++ Corporate Law ++ Estate Planning ++ International Contracts ++ intellectual Property Law ++ Insurance Law ++ Mergers and Acquisitions ++ Structured and Project Finance ++ Tax Law ++ Trusts
Our services include ++ Advice and structuring of transactions such as share sales, sale of businesses and assets sales. ++ Advice on appropriate forms of business enterprises for transactions. ++ Mergers, acquisitions and takeovers. ++ Advice on appropriate corporate structures. ++ Advice on tax implications in relation to various forms of commercial transactions. ++ Due Diligence investigations and reports thereon. ++ Drafting of all related contracts and other documentation such as Sale Agreements, Leases, Shareholder Agreements and other commercial contracts.
Corporate Law and Commercial Law
HMS team deals with specialized litigation relating to Commercial Disputes, Building and Construction Law Disputes, Professional Negligence Claims as well as Environment and Land Disputes. It also offers advisory services relating to compliance with legislation with regards to regulated industries such as the sugar industry, financial advisory industry and others.
The team specialises in the following areas of law ++ Alternative Dispute Resolution ++ Administrative and Public Law ++ Building and Construction Disputes ++ Commercial Litigation ++ Competition Law ++ Compliance and Corporate Governance ++ Healthcare Law ++ Public-Private Partnerships ++ Entertainment Law
Other services include ++ Advice on the interpretation of legislation and compliance in the various sectors. ++ Advisory services on governance in public entities and regulated entities such as Sugar Industry. ++ Advisory services on the structuring of Joint Ventures both Public and Private. ++ Commercial Litigation and Arbitration proceedings. ++ Building and construction disputes.
Commercial Litigation and Public Law
HMS derives service excellence in all aspects of Employment Law.
Other services include ++ Labour Court and Labour Appeal Court Litigation. ++ Dismissals. ++ Drafting of Employment Contracts. ++ Employment strategy consultancy. ++ Relevant in-house training and labour-related presentations.
++ Due diligence exercises. ++ Advice on labour implications on mergers and acquisitions. ++ Advice on labour implications of corporations of state-owned enterprises. ++ Conducting disciplinary inquiries, chairing and initiating inquiries.
Employment Law
We offer a full complement of legal services in the insurance industry.
Other services include ++ Advice on insurance Claims ++ Advice on regulatory aspects and compliance with the applicable legislation. ++ Product liability claims. ++ Subrogated recoveries of damages and defences.
Insurance Law
HMS lawyers Make Trust Administration Understandable and Manageable ++ Trust administration ++ Trust administration upon an administrator or executor’s death ++ Probate court petitions affecting trust property and title to trust property ++ Probate court petitions for instructions to the Trustee ++ Probate administration of testate and intestate estates
Trust Administration and Estates
Our property lawyers and conveyancers have a wealth of knowledge and exttperience in all aspects of Property Law. They advise on all aspects of property developments, Banking and Securities and Joint Venture Partners.
Other services include ++ Acquisition and development of property. ++ Transfer of fixed properties (conveyancing). ++ Registration of mortgage and Charges. ++ Registration of Property rights and easements. ++ Providing advice on and litigating in respect of all property-related matters. ++ Law relating to environmental aspects of property.
Property Law and Conveyancing
HMS has had a long-standing illustrious litigation practice and its success rate in trial practice is excellent. The Firm’s litigation teams demonstrate techniques that are skilfully enhanced before trial and appellate courts, as well as administrative tribunals and bodies.
sonable skill and care. ++ Quantification of the damages for which the wrongdoer is liable. ++ Conducting litigation on behalf of the injured party. ++ Advice on the investment of damages awarded.
++ Assessment of liability of the wrongdoer in Personal Injury, Wrongful Arrest and Product liability matters. ++ Litigation in respect of Negligence claims arising from the failure by a party to exercise rea-
HMS endorses the notion that, in order to avoid unnecessary delays in achieving effective transformation, the “potential to acquire� the expertise employees should be given prominence.
General Litigation
Nuru A. Said MANAGING PARTNER
Area: Commercial & Conveyancing Law and Practice Email : nuru@hmsadvocates.com Ms. Said is renowned for her excellence in Commercial and Conveyancing Law & Practice. She has worked extensively in matters involving privatization and securitization in various industries and has also structured a number of domestic acquisitions and Joint Ventures. Her impeccable knowledge of Property Law ensures that our Clients’ are served with topnotch property transaction advisories and services. She offers well-reasoned and commercially sensitive advice to a wide range of Clients including Financial Institutions and Real Estate developers.
Charles L. Madowo PARTNER
Area: Corporate & Intellectual Property Law Email : Madowo@hmsadvocates.com Mr. Madowo has experience from the Corporate world dealing primarily with Mergers and acquisitions and intellectual Property and Entertainment Law. Mr. Madowo sits on the boards of a number of companies. has excellent skills in intellectual property registration, IP auditing and IP rights advisory. Additionally he represents a diverse number of Corporate Clients and Kenyan Celebrities who he has continuously represented with excellence. His attention to detail and astute observation skills are integral in ensuring that our matters are prepared and executed with excellence.
Alibhai F. Hassan PARTNER
Area: Litigation & Alternative Dispute Resolution Email : hassan@hmsadvocates.com Mr. Hassan has wide experience in Civil and Commercial litigation. He brings his immense experience and agility to the firm and serves Clients by coming up with practical solutions for complex legal issues. Moreover, he also has significant experience in other aspects of litigation including Employment and Labour disputes, landlord and tenant, public procurement, intellectual property among many others.
Noele J. Kirwa ASSOCIATE
Area: Litigation & Alternative Dispute Resolution Noele has a keen interest in Constitutional and Human Rights Law, employment law, International Trade and Investment Law, commercial Litigation and Alternative Dispute Resolution. She is presently attached to the Litigation department of the firm as an Assisting Counsel to Mr. Alibhai Hassan.
The Firms Major Clients Our Clientele ranges from start-up and emerging growth businesses to major Corporations who continuously entrust us to manage effectively their financial future. As a point of reference, we act for the following corporate clients amongst many others: HMS strives to lead the growth of the legal community and the community legal awareness by offering Pro Bono Legal Services as part of our Corporate Social Responsibility Programme. HMS enjoys a long tradition of promoting corporate social responsibility. We maintain several programs in our undertaking to be good corporate citizens.
Conflict of Interest HMS practises according to a strict “no conflict” policy to avoid any prejudice, actual or potential, to its clients.
Compliance with Tax Legislations HMS complies with its obligations in terms of existing tax legislations.
Conclusion HMS is a well-recognised and experienced law firm, confident that it will be able to render a professional and cost effective services that will meet and exceed client’s expectations.
Contact Us Post Bank House | Banda Street P.O. Box 10612 | GPO 00200 Nairobi | Kenya Tel: +254 792 486 760 |+254 (020) 526197 Email: info@hmsadvocates.com Website: www.hmsadvocates.com