Tom Maina Macharia, Partner
Background
Tom Macharia is one of the founders of Mbugwa, Atudo & Macharia Advocates and the Head of the Litigation and Dispute Resolution Department. He is an advocate of the High Court and a qualified Arbitrator and Mediator.
Macharia’s legal practice spans over 23 years and over his years of practice, he has been engaged in significant dispute resolution for both municipal and international clients, including handling litigation cases of jurisprudential value in Kenya. He has appeared for clients in the Supreme Court of Kenya, the Court of Appeal, the High Court, the Employment and Labour Relations Court, and the Environment and Land Court.
Macharia also represents clients before Quasi-Judicial bodies, including but not limited to the Tax Appeals Tribunal, the Public Procurement Administrative Review Board, the Energy tribunal, the Water Appeals Board, the Business Rent Tribunal, the Cooperatives Tribunal and the Advocates Disciplinary Tribunal.
Macharia has been actively involved in the review of various legislative drafts such as the Coffee Act, the Dairy Industry Bill, 2007, and the Nuts Crops Council Bill, 2007.
Macharia has been involved in paper presentations for the Law Society of Kenya’s Continuous Legal Education Programme (CLE), on Sectional Titles.
Areas of expertise
- Civil and Commercial litigation.
- Real Estate and Property Law
- Environment and Land Law
- Family Law
- Probate and Estate Administration
- Employment and Labour Relations Law
- Election Petitions
- Constitutional and Administrative Law
Membership in professional societies
- Member, Law Society of Kenya (LSK)
- Member, East Africa Law Society (EALS)
- Member, Institute of Certified Secretaries of Kenya
- Member, Chartered Institute of Arbitrators, Kenya (CIArb)
- Commissioner for Oaths
- Notary Public
Professional qualifications
- 1995: Postgraduate Diploma, Kenya School of Law
- 1992: Bachelor of Laws Degree, University of Nairobi.
Career summary
- 2000-to date: Partner, Mbugwa, Atudo & Macharia Advocates
- : Associate, AGN Kamau & Kimani Advocates
- 1992- Associate, Kibuchi & Co. Advocates
Affiliations
- Director at National Oil Corporation.
- Joint Secretary of the BodaBoda Taskforce
Awards & accolades
Macharia is highly regarded some clients have described him as “greatly dependable” and “excellent at what he does”.
Languages
Location
Top matters
- Successfully represented the law society of Kenya in a petition to quash the circular from the Attorney General requiring Government Ministries, Departments, Agencies and State Corporations to acquire approval to engage external legal services.
- Represented and advised a client in the agriculture sector in successfully settling a dispute where the tax authorities initially demanded a sum of approximately US$ 10,344,827/=
- Represented a client in Petition No. 54 of 2011, Samura Engineering Limited & 10 others vs Kenya revenue Authority on upholding Article 31 of the Constitution on the right to privacy vis a vis the statutory duty of the Kenya Revenue Authority to demand taxes.
- Successfully represented a leading hospitality group running a hotel valued at approximately US$ 19, 500,000/= challenging the power of the commissioner of lands to revoke titles.
Successfully defended a public corporation in a contractual dispute where the plaintiff was claiming a sum of US$ 10, 588,235/=.
- Successfully represented minority shareholders in one of the most complex and protracted shareholder disputes in Kenya involving a company listed in the Nairobi Stock Exchange.
- Successfully representing a state corporation in a contractual dispute where the value of the subject matter is US$ 1, 241, 379/=
- Successfully represented the clerk of the National Assembly in a dispute regarding election of members of the East Africa Legislative Assembly
- Successfully represented the Central Bank of Kenya in a dispute over legal fees of Kshs. 141 Million awarded by the Deputy Registrar of the High Court.
- Successfully negotiated a settlement in respect of terminal benefits for over 2000 employees amounting to approximately US$ 4, 597, 701/=.
