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Gibran Darr
Partner

Lawyer

Gibran Darr

Nairobi, Kenya
Languages
  • English

Gibran is a Partner at CMS Kenya | Daly Inamdar Advocates within the Dispute Resolution and Employment, Labour & Pensions practices. He is an Advocate of the High Court of Kenya with over a decade of experience as a seasoned practitioner in high-stakes shareholders' disputes, acting for high-net-worth individuals and corporate clients in complex commercial litigation and arbitration. 

Gibran has fortified his experience in the arena of Dispute Resolution by acting for and advising both local and international clients in commercial disputes, building and construction arbitration, judicial review, constitutional references as well as employment and land disputes. Over his years of practice, He has engaged in complex high value litigation before the High Court and Court of Appeal and was a part of team which challenged a pension computation in excess of USD 70 Million by way of a judicial review. He has also been involved in constitutional litigation of jurisprudential value in respect of the jurisdiction of the Public Private Partnerships Petition Committee to award costs. 

Gibran has represented clients in the Court of Appeal, High Court, Environment & Land Court, Employment & Labour Relations Court as well as Quasi-Judicial Tribunals such as the Public Private Partnerships Petition Committee and the National Environment Tribunal.

Gibran is ranked as a leading lawyer by the international legal directory, Chambers & Partners. He is currently the CMS Kenya AML and KYC Champion. 

Relevant experience

  • Defence of HNW Individual – Fraud and Breach of Shareholders' Deed: Successfully defended a high-net-worth individual in a complex shareholders' dispute involving allegations of fraud and breaches of a shareholders' deed. Secured interim measures from the High Court to preserve high-value shares. The matter proceeded to arbitration before John Ohaga SC.
  • Shareholders' Agreement Arbitration – USD 6 Million Farmland Company: Acting for a high-net-worth individual in arbitration arising from a shareholder agreement concerning a company owning farmland valued at USD 6 million. Successfully obtained interim measures from the High Court restraining the Claimant from transferring shares pending resolution of the dispute.
  • Derivative Action – Oriental Mills: Successfully struck out a derivative action filed by a shareholder of Oriental Mills against our client, with costs awarded on the basis that the claim constituted an abuse of the court process. The matter involved detailed arguments on the complex area of derivative actions under the Companies Act.
  • Minority Oppression – Karen, Nairobi Property: Acting for a high-net-worth individual in a shareholders' dispute concerning allegations of oppression and disregard of minority rights in a closely held company. The company holds valuable land in Karen, Nairobi, valued in excess of USD 10 million. The matter has the potential to reshape governance practices in closely held companies in Kenya.
  • Part of a team acting for a large telecommunication company’s pension scheme in a Judicial Review Application order to quash a finding by the Retirement Benefits Appeals Tribunal directing the scheme to make payments in excess of USD 70 million as benefits for early retirement.
  • Part of team that successfully argued a Judicial Review quashing a notice by the National Land Commission revoking Title to a property valued in excess of USD 10 million in the upper hill area, a prime commercial and business hub in Nairobi.
  • Acting for a contractor in an arbitration dispute arising from a building contract in which an award in the amount USD 2 million was published in favour of the client.
  • Successfully defended a Constitutional Petition challenging the constitutionality of provisions of the Public Private Partnerships Regulations, 2014. The Judgment enabled the taxation of a Bill of Costs in the amount of USD 1.3 million before the Public Private Partnerships Petition Committee.
  • Advising and acting for a Kenyan Solar technology firm in a Judicial Review Application under the Fair Administrative Actions Act, 2013 against the Kenya Revenue Authority. The suit resulted in favourable Judgment against tax demands in excess of USD 350,000 issued by the Kenya Revenue Authority.
     
     

Memberships & Roles

  • The Law Society of Kenya
  • The Law Society of Kenya, Nairobi Branch
  • The East Africa Law Society

Education

  • 2011- Admitted as an Advocate of the Hight Court of Kenya
  • 2008 - LLB (Hons) - University of London, United Kingdom

 

Practice Areas
Dispute Resolution

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