Noella C. Lubano

 

Position: Partner

Email: noella@oraro.co.ke

Telephone: 020 – 271 3 636/271 1 480

 

Background

A recognized dispute resolution expert, Noella has experience representing clients in a wide range of areas such as energy, oil and gas, public procurement, intellectual property, human rights, employment, land and environmental matters, shareholder disputes and the capital markets, among others.  A Kenyan advocate, she has assisted several well-noted clients in some of Kenya’s well publicized contentious matters.  She has a Master’s degree in Constitutional and Administrative law from the University of Cape Town(one of Africa’s highly ranked universities) and has handled several judicial review applications. Noella comes with strong expertise in international arbitration practice; in fact she recently contributed to the sixth edition of the International Arbitration Review.

Membership in Professional Societies

  • East Africa Law Society
  • Law Society of Kenya
  • Member of the Chartered Institute of Arbitrators

Professional Qualifications

  • Advocate of the High Court of Kenya
  • LLB(Hons.) University of Nairobi
  • LLM(Constitutional and Administrative Law), University of Cape Town
  • Diploma in French, Alliance Francaise(Nairobi)

Employment

  • Oraro & Co. Advocates
  • Anjarwalla & Khanna
  • Stephenson Harwood(on secondment)
  • Hamilton, Harrison & Matthews

Accolades/Publications

  • Speaker, East Africa International Arbitration Confrence, Kampala 2016
  • Speaker, S. P. A. Ajibade & Co’s 9th Annual Business Luncheon
  • Contributor to the International Arbitration Review(6th Edition)
  • Speaker, Young ICCA skills Training workshop 2015
  • Speaker, IBA Annual Conference, Vienna 2015
  • Speaker, LCIA , Nairobi 2015

Top matters

  • Advising a major public data communications carrier on potential legal options and remedies under a shareholder’s agreement against directors and three (3) other parties for their breach of trust and fiduciary obligations as well as potential fraudulent actions
  • Advising a major American private equity fund on its legal options and remedies against former directors and shareholders of a leading East African civil engineering and construction company. The matter concerned a shareholders’ agreement, a convertible note debt for equity swap, a share pledge agreement and personal guarantees with a view of recovering a LCIA arbitral award of USD 312.7 million (KES 31.3 billion)
  • Advising a non-profit organisation on legal options and remedies available to it following the mismanagement and misapplication of its investment in a local company
  • Advising and acting for a Kenyan pension scheme in defending a judgement by the retirement benefits tribunal for the sum of in excess of KES 7 billion (USD 70 million) by former employees of Telkom Kenya Limited as being the total of their unpaid retirement dues
  • Advising a network of private schools founded and funded by the Melinda & Bill Gates foundation regarding the classification of the schools and ments of the threats by the Ministry of Education to close the schools on the alleged grounds that they have failed to meet the minimum requirement under the Basic Education Act, 2013
  • Giving Kenya law advice and representing a Canadian based energy company as co-counsel in the ICSID proceedings brought against the Kenyan Government in respect of the unlawful revocation of the company’s geothermal licence
  • Acting in a claim seeking the tracing and recovery of approximately USD 340 million (KES 34 billion) which was fraudulently siphoned from a Kenyan bank (it is one of the largest banking fraud disputes in Kenya). We successfully defended the client against claim by the shareholders seeking to be enjoined in this suit, against stiff competition
  • Representing the CBK as lead counsel in a recovery action, as well as asset tracing and recovery of assets from individuals and companies alleged to have defrauded a mid-sized Kenyan bank leading up to its receivership
  • Conducted an independent legal audit of about seven hundred (700) cases for a leading sugar processing company. This involved a physical review of the files in respect of all seven hundred (700) cases with a view of establishing the nature of the cases, the exposure they posed to the company, and if so the monetary value of the claim or liability
  • Representing Telkom Kenya limited (one of the largest telecoms companies) in an employment dispute arising from a redundancy carried out by the client in 2006 where approximately two thousand and six hundred (2,600) employees were retrenched
  • Advised a multinational company on how to exercise its rights of subrogation with respect to recovery of its monies insured by a third party whose parent company based in the UK was undergoing administration
  • Part of a team that represented a Kenyan cement company in a shareholders dispute regarding the directorship and ownership of a major cement manufacturer in the country

Insights

  • Natural Resource (benefit sharing Bill) 2014
  • Testing the safety net in banking: Is deposit insurance adequate?

  • Practice Areas


    Sectors