Our Services

Civil and Criminal Law

We offer expert client-centric legal representation in both civil and criminal cases, ensuring your rights are upheld, protected and justice is served. Our civil law services include resolving civil disputes of whatever nature ranging from administrative law, contract law, tax law, finance law, intellectual property, patent law, securities law, corporate formation and starts-ups, immigration law, civil rights law, tort law, banking and debt finance law, construction law, consumer law, corporate law, employment law, environment law, insurance law, personal injury and clinical negligence claims amongst others. We strive to deliver favorable outcomes through alternative dispute resolution, namely arbitration, conciliation, negotiation, mediation, or litigation. In criminal law, we provide comprehensive private prosecutions and defense strategies for individuals and organizations facing criminal charges. Whether accused of misdemeanor, felony or any serious crimes, we guide you through each step of the judicial process, ensuring fairness and diligent advocacy. With our experienced team, you can trust us to handle your case with professionalism and care.

Constitutional Law

Our firm specializes in constitutional law, addressing matters related to the interpretation and application of the Kenyan Constitution, 2010. Whether you're challenging government actions, seeking to uphold, defend and protection of human rights and fundamental freedoms, adherence to due constitutional/legislative processes, rule of law, and separation of power; or resolving disputes over constitutional provisions, we provide sound well considered legal counsel. We also assist in judicial reviews and constitutional petitions, ensuring that governance and public administration align with the rule of law. With in-depth expertise, we advocate for justice and uphold constitutional values for individuals, organizations, and public entities.

Legislative Drafting

Muthaura &Co. Advocates, we provide professional legislative drafting services to assist National and County Governments formulate sound legal instruments to support execution of their mandates. In doing so we offer actual drafting, training and capacity building, sensitization and public participation forum and review of instruments therefrom. We draft all manner of legal instruments, including but not limited to Bills, Amendment Bills, Subsidiary Legislation, Codes of Conduct, Codes of Ethics, Circulars, Policies, Manuals, SoPs, among others. We also draft Private Member Bills and other legislative instruments for Members of Parliament or County Assemblies, Civil Society Organizations, Business Community organizations, and individuals to create clear, effective, and enforceable laws that serve their desired purposes. Our team of experienced Legislative Drafters are exceptionally trained on the job and at Masters Degree level at the University of London (IALS), Royal Institute of Public Administration (RIPA) International-London. They ensure that all legal documents, regulations, and Bills meet legal standards while addressing practical implications. We prioritize precision and consistency, ensuring laws serve their intended purpose while being easily interpreted. Our expertise ensures that your legislative documents align with Constitution, Treaties and Conventions ratified by the State, Regional and International best practices and standards, Vision 2030, Bottom-Up Transformation Agenda, Africa Union Vision 2063, East Africa Community Agenda, 2050, and other known Blue Prints, ensuring Statutory harmony, demarcations of respective mandates and international best practices.

Law Reform

At Muthaura & Co. Advocates, we support State non-State entities, private entities, or advocacy groups efforts to continuously improve, modernize and align existing law to new developments, innovation and world order. Our law reform services include repeal of obsolete archaic laws, reviewing outdated legislation and recommending changes to meet current social, economic, and political realities. We also recommend strategic policy direction embracing new development, innovation and globalization. Hence averting and addressing unforeseen legal challenges. We conduct extensive thorough research, comparative analysis, stakeholder consultations and review of the entire Statute Book to draft or recommend progressive law reform. Upon clients request we support and subject legal instruments, Bills and reports to public participation, prepare concept notes and justification therefrom, publish and publicize, train, sensitize and build capacity, and final draft amendment Bills or reports. By fostering legal clarity and fairness, we help create laws that are responsive to social and economic transformation and address contemporary challenges effectively.

Policy Formulation

We assist National and County Government, public and private organizations formulate sound policies. Our process includes in-depth research, comparative analysis, existing policy documents review, stakeholder consultations, subjecting the policies to public participation, preparing concept notes and justification therefrom, publishing and publicizing, training, sensitization and capacity building, and final drafting of policy frameworks that align with national priorities and international standards. Our team ensures that policies are both practical and enforceable, addressing societal needs while promoting sustainable development. Trust us to guide you in creating policies that drive positive change.

Legal Audit

Our legal audit services involve a comprehensive review and assessment legal and administrative frameworks of National Government entities, Ministries, Department Agencies, Constitutional Commissions and Independent Offices, County Government Entities, Private Organizations, Blue-Chips, Commercial entities and Companies, Charitable Organizations, Foundations etc to ascertain extent of legal soundness and compliance, identify immediate and probable risks and ensure compliance with applicable laws and regulations. We meticulously analyze applicable in-house policies, administrative measures and instruments, contracts and operational practices to uncover legal vulnerabilities and recommend corrective actions. This service helps mitigate legal, technological and financial risks, other risks, enhance legal preparedness, and strengthen governance structures.

Regulatory Impact Assessment

Muthaura & Co. Advocates are experts in pre and post legislation regulatory impact assessment, this is in furtherance of Constitutional objectives, Statutory Instruments Act, and international best practices and standards. The Firm has experienced, well trained experts who conducting extensive, thorough impact assessments to evaluate the economic, social, and environmental effects and impact of proposed or existing laws and regulations. Our assessments provide evidence-based recommendations, helping policymakers and stakeholders understand the implications of regulations and make informed decisions. By balancing legal compliance with practicality, we ensure better regulatory outcomes.

Conveyancing

Our conveyancing services simplify the process of handling and transferring property ownership. We assist with drafting and reviewing all land transactions instruments, including sale agreements, conducting thorough due diligence, and ensuring compliance with legal requirements safeguarding our clients’ interests pre, during and post transactions. Whether buying, selling, or leasing property, we provide end-to-end support, safeguarding your interests and ensuring seamless transactions. Our clients’ peace of mind is our priority.

Family Law

We handle all aspects of family law, offering compassionate legal support for divorce, child custody, adoption, spousal support, and more. Our team prioritizes amicable resolutions but is prepared to litigate when necessary. We are dedicated to protecting the interests of families while adhering to the highest professional standards.

Commercial Law

Our commercial law services cater to businesses of all sizes. We assist with drafting contracts, resolving disputes, and ensuring compliance with regulatory requirements. Whether you're setting up a new venture or managing day-to-day legal challenges, we provide practical solutions tailored to your needs.

Corporate Law

We offer comprehensive corporate legal services, including company registration, mergers and acquisitions, corporate governance, and compliance. Our team ensures that your business adheres to the law while maximizing operational efficiency. Trust us to provide strategic advice for your corporate growth.

Security and Policing

We offer legal expertise in matters related to security and policing, including compliance with security regulations, capacity building, training, and public-private partnerships and cooperation, outreach and sensitization, community policing, private security regulation and legal compliance thereof. Our services ensure that security operations align with legal and ethical standards, promoting accountability and community trust. We offer support and training on constitutional dictates of civilian oversight, review and formulation of standing orders, regulations and laws governing security organs/entities. Offer training and capacity building in support of their functions. Support in review of training curriculum to inculcates constitutional values and principles, human rights standards, oversight. Support private security bodies on legal compliance among others.

Employment and Labor Laws

We provide expert advice on employment and labor laws, ensuring compliance with labor standards and resolving workplace disputes. Our services include drafting employment contracts, addressing wrongful termination claims, and assisting with collective bargaining agreements. We help employers and employees navigate legal complexities effectively. We also support in undertaking all Human Capital Development and Management services, including formulation of Human Resource Procedures Manuals, Human Resource Policies, Job evaluation, formulation and Career progression instruments, guiding on all legal processes necessary to ensure compliance of State and non-State entities to local, regional, international Labour laws, best practices and standards.

Post Legislative Scrutiny (PLS)

We provide expert Post-Legislative Scrutiny (PLS) services by making an assessment of how the law is working in practice. The aim is to ensure that the enacted laws meet the intended objectives, remain relevant, and deliver societal benefits, i.e. the benefits of the law must outweigh the costs incurred in its implementation. Where the costs of implementation outweigh the benefits, we recommend their review and subsequent repeal. Our comprehensive PLS process evaluates legislation's impact, implementation, and effectiveness. We analyze laws across various sectors, including constitutional, administrative, financial, criminal, corporate, environmental, and human rights legislation, identifying gaps and recommending amendments to strengthen legal frameworks. Our expertise supports governments, NGOs, and organizations seeking accountability and evidence-based improvements in public policy. Leveraging robust research, stakeholder consultations, and legal audits, we deliver actionable insights to refine laws and optimize governance. Trust our experienced team for meticulous PLS solutions that enhance legislative performance and public trust.