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The Aviation industry in Kenya and the region has grown tremendously over the years. From being a service that few could afford, the sector has now graduated to being a fiercely competitive industry recording an increase in the number of private airlines.
Why CM Advocates?
The recent expansion of the Jomo Kenyatta International Airport (JKIA) and the infrastructural improvement of other local airports and airstrips has modernized Kenya's aviation sector. JKIA is a regional aviation hub for both cargo and passengers' airlines that serve both domestic and international destinations. Wilson Airport, one of the busiest airports in the country, also has flights to many regional airports in Kenya. The Kenyan aviation sector can be broadly divided into the following four categories:
(a) Domestic airlines;
(b) International airlines;
(c) Non-scheduled operators (charter operators and air taxi operators); and, (d) Air cargo services.
We cater to our clients with respect to all the aforesaid four categories of local and international aviation. We also act for the Kenya Airport Authority which is mandated to build, run and operate all airports and aerodromes in Kenya.
CM Advocates is well versed in handling diverse legal and commercial matters related to aviation including litigation, corporate work, employment contracts, real estate contracts, passenger claims, baggage and freight claims and other related matters. Our assistance to clients in the aviation sector includes: -
- Agreements for Sale, Purchase and Lease of Aircrafts;
- Issues relating to airport infrastructure including licences, leases, concessions, BOTs to operate or run business in the airports;
- Drafting cargo and freight forwarding contract; and,
- Merger and Acquisitions.
Our Firm has drafted various employment contracts, immigration advisory including work permits, property related agreements, aviation leasing and finance, registration and liability claims.
We have good experience in dealing with passenger claims, grounding of aircraft, hull, liability, carriage of cargo and passengers including insurance aspects. Our law firm also handles dispute resolution including litigation and arbitration related to aviation sector.
1. Shipping, Logistic and Admiralty law
Admiralty or maritime law deals with nautical issues and private maritime disputes. It is comprised of both domestic law on maritime activities and private international law governing the relationships between private parties operating or using ocean-going ships.
At CM Advocates, we have a vibrant admiralty and transportation law practice focusing on transactional matters, dispute resolution, legal and regulatory compliance and general maritime and trucking transactions.
On transactional matters, we handle all manner of contracts and agreements, joint venture arrangements, mergers and acquisitions, labour and employment matters, vessels sale and purchase, stevedoring agreements as well as financing documentation.
On compliance issues, we advise clients on various compliance issues that include:- environmental law, pollution, taxes and stevedoring. We also offer general advice on legal compliance issues under the Environmental Management and Co-ordination Act (EMCA), 1999; the Kenya Maritime Authority Act, 2006;the Excise Duty Act, 2015; the East Africa Custom Management act, 2004; the Kenya Coast Guard Service Act, 2018 and the Kenya Ports Authority Act, 1979 and other shipping laws and policies.
In relation to dispute resolution, we have experience in arresting vessels for security, maritime insurance claims, contract disputes, in rem claims against vessels and other property, obtaining Mareva injunctions, court orders for the judicial sale of vessels pending the outcome of litigation or arbitration, negotiating damages, setting aside orders for service out of jurisdiction, application to strike out unsustainable legal actions, resisting applications for security for costs, pursuing arbitration for outstanding freight and other charges.