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Gibran Darr

Partner
Lawyer

Nairobi
CMS Daly Inamdar Advocates
ABC Towers
Waiyaki Way, Westlands ABC Towers, 6th Floor ABC Place
00100 Nairobi
Kenya
Languages English

Gibran is a Partner in the Dispute Resolution Department of the firm and an Advocate of the High Court of Kenya. He qualified with a Bachelor of Laws, LLB (Hons) from the University of London in 2008 and was admitted as a Kenyan Advocate in the year 2011. 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, Gibran 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.

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Relevant experience

  • 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 US Dollars 70 Million as benefits for early retirement.
  • 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 US Dollars 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 US Dollars 350,000 issued by the Kenya Revenue Authority.
  • Acting for a Contractor in an Arbitration Dispute arising from a Building Contract in which an Award in the amount US Dollars 2 Million was published in favour of the client.
  • 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 US Dollars 10 Million in the upper hill area, a prime commercial and business hub in Nairobi.
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Memberships & Roles

  • Law Society of Kenya
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Education

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

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04/12/2023
International arbitration law and rules in Kenya
1. Introduction & Historical Background 1.1 Arbitration is a form of dispute resolution in which parties to a dispute agree to submit their disputes to a third party who will issue a binding decision...