John Mbaluto

 

Position: Partner, Litigation Department

Email: john@oraro.co.ke

Telephone: 020 – 271 3 636/271 1 480

 

Background

John has handled a wide variety of commercial disputes as well as constitutional related disputes. He has been involved in many high-profile cases involving clients like breweries giant – East African Breweries Limited(EABL), Standard Group(which is one of Kenya’s largest media houses) and Housing Finance(Kenya’s largest mortgage finance institution). In addition, he has acted in some of Kenya’s landmark labour disputes, including one involving Kenya’s largest trade unions – the Kenya National Union of Teachers(KNUT). Case in point, John is one of the lawyers currently representing KNUT in a highly publicized pay rise dispute between the teachers and their employer, the Teachers Services Commission(TSC). John has considerable experience in litigation, alternative dispute resolution and arbitration within the areas of Banking, Employment and Labour and Land law

Membership in Professional Societies

  • East African Law Society
  • Law Society of Kenya

Professional Qualifications

  • Advocate of the High Court of Kenya
  • LLB(Hons.), University of Warwick

Employment

  • Oraro & Co. Advocates
  • Njoroge Regeru & Co. Advocates

Top matters

  • Representing Housing Finance Company Ltd (HFC) in a class action suit concerning the legality of the interest rate and penalty charges charged by HFC on its customers’ mortgage accounts
  • Represented (Barclays Bank of Kenya Limited (BBKL) in a multimillion foreclosure action in which the plaintiff challenged the banks statutory power of sale and the bank’s right to realise various securities
  • Represented Syngenta East Africa Limited in a multimillion debt recovery claim
  • 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
  • Representing the Central Bank of Kenya (CBK) in a case in which the represented petitioner sought to challenge the legality of contracts for the printing of currency, which had been awarded to De La Rue (Kenya) Ltd
  • Represented CBK in a case in which the petitioner sought to stop the largely popular transfer of money services provided by mobile telephone companies including Safaricom’s “M-Pesa” and “Airtel Money”
  • Represented Kenya National Union of Teachers (KNUT) in a historic 2015 pay rise dispute against the teachers’ employer, the Teachers Services Commission
  • Defending KNUT in a constitutional challenge where claimants alleged discrimination on the basis of age, with respect to the prescribed retirement of national officials
  • Represented East African Breweries Ltd in challenging the constitutionality of various provisions of the Alcoholic Drinks and Control Act, 2010, on aspects relating to the infringement of the right to property
  • Represented the Kenya Medical Association Housing Cooperative Society (KMAHCS) in a case, in which KMAHCS had purchased land to put up a mega housing project. The case pitted the original owners of the land against KMAHCS and the Attorney General, on behalf of various government departments
  • Represented the KenGen in a constitutional case involving the competing fundamental rights and freedoms under the Bill of Rights, particularly the freedom of expression, the right to access to information, the freedom of the media and the right to privacy
  • Representing HFC in a class action suit concerning the legality of the interest rate and penalty charges charged by HFC on its customers’ mortgage accounts

Insights

  • Section 23 of the Registration of Titles Act – Did it really protect the bona fide purchaser?
  • The Business Registration Service Act: An attempt to make Kenya an investor’s dream
  • Medicare in the employment context
  • Is Collective Bargaining Dead in the Public Sector?
  • Obligated: Examining the Duty of Care in Banking
  • HOMEGROUND ADVANTAGE: ENTRENCHING LOCAL INTERESTS IN THE EXTRACTIVE INDUSTRY

  • Practice Areas


    Sectors