OT Advocates’ partners have been privileged to provide legal services and support to the biggest and oldest mining entities in Kenya. The services encompass full mining project life cycle including the land concession matters with both the national and county governments, issues connected to access to water for mining operations, easements for transport infrastructure (road and rail), environmental matters, health and safety, financing, project development, operations, employment matters, corporate advisory, procurement advisory, immigration issues for expatriate staff, community relations, corporate social responsibility matters and dispute resolution.
We are proud to provide the full spectrum of legal advice through each stage of a mining project, from exploration stage through to mine development and production stages to end buyer stage – with a deep understanding of the legal and practical challenges that the mining industry faces in Kenya.
We handle applications for prospecting rights, reconnaissance licences, exclusive prospecting licences, special prospecting licences, mining leases, special mining leases, mineral dealers licences and export permits; liaising and engaging with Ministry of Environment, Water and Natural Resources, the National Environmental Management Authority (“NEMA”), the National Treasury, the Kenya Revenue Authority (KRA), Kenya Investment Authority (“KenInvest”), Ministry of Lands, Housing, and Urban Development, National Land Commission (“NLC”) and County Governments, on behalf of clients for mining related matters.
We also advise on, review and draft production sharing agreements, community development agreements, mine development agreements, concession agreements, land access for exploration agreements and off-take agreements, among others.
Yes! You should never take legal action without the assistance of an experienced professional. If you need any legal advice, work with OT Advocates right away!
OT Advocates accepts cheques, direct bank transfer (SWIFT, RTGS, EFT), cash, mobile money (this includes MPESA, Airtel Money). A Deposit Request Note (invoice) is issued immediately instructions have been firmed up by the client; and at completion, a Fee Note (final invoice) is issued for the balance of the agreed fee and disbursements with credit being afforded to the earlier payment (deposit). All payments are due within fourteen (14) days from receipt of invoice.
Usually, clients meet with our attorneys at our offices but not always. If this is not convenient or you are prevented from physically meeting us at our office, we are amenable to having a Skype, Imo or WhatsApp call or video call, tele-conference call, normal telephone calls or email correspondence. We are always happy to work with our clients to ensure that their legal matters are solved in the most efficient and expeditious manner. If this means meeting with you at a place other than our office, we would be happy to do so, under reasonable circumstances.
Yes. If you choose to engage OT Advocates, do not hesitate to ask us any relevant questions concerning your matter. You can inquire about fees and payment terms; our strategy for handling your matter; what to expect during the process; the documentation and information needed by us; possible outcomes; how to prepare for negotiations and legal proceedings; and how to communicate with your attorney (especially in the event that an urgent issue arises).
- Our Strategy
The first meeting
Defining the Problem
The first interview between ourselves and the client is a crucial period of mutual assessment, where mutual confidence is built up, where we are given basic information, background and context on the client’s need or matter and the client is given some understanding of the way the law operates in relation to their problem plus possible solutions. Issues of legal fees and envisaged costs is also discussed.
The second meeting
Firming Up Instructions and Engagement
We prepare and send either a Letter of Engagement or a Proposal laying down: for the former, our terms of engagement, what is to be expected of us, what we propose to charge as fees and envisaged costs, timelines; and for the latter, the brief background, our assumptions (if any), the scope of work, a brief outline of our experience handling similar matters (for some cases), a technical proposal outlining the proposed work plan and methodology of undertaking the tasks, the expected deliverables and a financial proposal setting out the proposed fees chargeable and costs (to be paid per specified milestones achieved or at engagement and completion, depending on the specific circumstances). If the client accepts and signs the Letter of Engagement or issues us with a written acceptance and instructions to proceed, we commence work (subject to receipt of a deposit if the assignment requires settlement of disbursements).
The final meeting
The Second and the Final Meetings
Depending on the complexity of the matter and the deliverables expected from us, we may have a second or more meetings with the client where the client is updated on the progress made, achievements, challenges met, solutions crafted, and the in turn be advised by the client on whether the solutions or deliverables meet the client’s expectations and needs. Further discussions may be commenced on new unforeseen challenges that have arisen and possible ways of resolving them. Client feedback is very critical since we regard the client as a very important partner and stakeholder in finding the right, timely and effective solution to the problem.