Beryl Rachier

 

Position: Senior Associate

Email: Brachier@oraro.co.ke

Telephone: 020 – 271 3 636/271 1 480

 

Background

Admitted to practice in Kenya and South Australia, Beryl has experience across various practice areas, especially dispute resolution and has knowledge on commercial, environmental and local government law. As a graduate solicitor in the local government, environment and planning team at Wallmans Lawyers, she worked closely with local councils to generate a better understanding of their roles and functions. She acquired a good working knowledge and acceptance of local government legislation, policies and procedures relevant to the role. This comprised of advisory work as well as conducting internal review of council decisions pertaining to by-laws, enforcement powers, development plan approvals, rating among others. She was also involved as a volunteer at the Environmental Defenders Office in South Australia and Queensland as part of a team in the forefront of challenged coal mine projects as well as challenges to other projects relating to ground water contamination and climate change considerations.

Membership in Professional Societies

  • East Africa Law Society
  • Environmental Defenders Office
  • Law Society of Kenya
  • Law Society of South Australia
  • Queensland Environmental Law Association

Professional Qualifications

  • Advocate of the High Court of Kenya
  • Solicitor of the Supreme Court of South Australia
  • LLB, University of Adelaide
  • BCom (Marketing), University of Adelaide

Employment

  • Oraro & Co. Advocates
  • Axess Debt Management, Brisbane
  • Wallmans Lawyers, Adelaide

Top matters

  • Acting in an anti-suit injunction application involving EACP (a technology, media and telecommunications sector-focused venture capital fund manager, investing in the greater Eastern Africa region) where parties not party to a shareholder agreement and management agreement between certain entities and a fund manager threatened to institute suit against the fund manager despite provisions for arbitration
  • Acting in a constitutional petition against the County Government of Mombasa (one of Kenya’s largest urban counties) to compel the latter to stamp building plans and issue certificate of approval where the County had already granted all approvals but declined to stamp building plans
  • Representation in a claim from one of its agents taking commissions. We are disputing the jurisdiction of the cover in insurance agents’ claims
  • Part of the team representing a real estate client in an appeal filed against them in Kenya’s National Environment Tribunal where it was claimed that the area on which our client intended to construct a mixed-use development was ecologically sensitive (wetland, stream). The matter is important because it gave the tribunal opportunity to clarify law with respect to environmental protection vis-à-vis commercial developments in neighbourhoods, as regards relevant evidence and standards of proof
  • Part of the team that assisted in the representation of an engineering company in a dispute with respect to a large hydro/geothermal project
  • Assisted in providing advice to an international company in a fraud-related matter. Our brief including providing related advice on criminal procedures, employee rights and attending to the investigations
  • Part of a team that provided the strategic investors of a bank (the Bank) with an opinion on the legal options or recourse that they may have under contract or in tort against various third parties that were involved in the unlawful and fraudulent actions that lead to a run on the Bank which caused it to be placed under receivership by the Central Bank of Kenya
  • Part of the team that represented the KNUT in a membership dispute
  • Providing advice to a multinational insurance company on the impact of a Government circular on interest rates
  • Advising a leading Kenyan investment company on an environmental dispute at Kenya’s National Environment Tribunal

Insights

  • Does your development require an environmental impact assessment licence?
  • The Insolvency Act, 2015: The impact on creditors and their right to realise securities
  • GREASE-PROOFING:HIGHLIGHTS OF KENYA’S ANTI-BRIBERY LEGISLATION

  • Practice Areas