+254 722 452343 (direct)
Email: dbubi@kbadvocates.co.ke
DEBORAH BUBI -
Partner
Deborah Bubi is the Head of the firm’s Litigation & Dispute Resolution Department. She was previously a partner at Hamilton Harrison & Mathews where she was in charge of the Mombasa office until March, 2018.
Deborah has a wide range of experience as a civil litigation lawyer. She has represented both local and international clients in various courts and statutory tribunals in Kenya with a focus on banking and finance, employment, insurance, land, building and construction, intellectual property, information and technology, competition, defamation, product liability, medical negligence, judicial review, administrative law and constitutional law, tax law, public procurement aviation and maritime law.
Education and qualifications
Master of Laws (LLM) (Specializing in Public Finance and Financial Services) – (ongoing) University of Nairobi
Certified Secretary - KASNEB
Postgraduate diploma - Kenya School of Law
Bachelor of Laws (LLB) - University of Nairobi
Employment
January 2025 to present - Director Kogweno & Bubi Consultants Ltd, England and Wales
March 2018 to present – Partner Kogweno & Bubi Advocates LLP
May 2015 to March 2018 – Partner Hamilton Harrison & Mathews
June 2014 to May 2015 – Senior Associate Hamilton Harrison & Mathews (Mombasa)
January to April 2014 – Associate Inamdar & Inamdar Advocates (Mombasa)
June 2009 to November 2013 – Associate Hamilton Harrison & Mathews
September 2007 to May 2009 – Pupil Hamilton Harrison & Mathews
Highlights on experience
Nairobi High Court Commercial Petition No. 001 of 2023 (formerly Milimani CHR Petition No. E471 of 2022) Dr. Martin Elia Lomuro versus Co-Operative Bank of Kenya Limited and Central Bank Of Kenya
Received instructions to represent our client, a Cabinet Minister in the government of South Sudan, to pursue Co-operative Bank of Kenya for damages and the sum USD 28,000 unlawfully withheld by the bank based on a directive issued by the Office of Foreign Assets Control (“OFAC”) in the United States Department of Treasury. The main issue for determination is whether local banks are subject to foreign control and specifically control by OFAC. The matter is ongoing.
Nairobi High Court Insolvency Petition No. E053 of 2022 - In the Matter of Ekorent Africa Limited
Received instructions from the minority shareholder incorporated in the United Kingdom to advise on the insolvency of the company in Kenya. The majority shareholder and parent company EkoRent OY declared bankruptcy in Finland and was no longer able to fund the business in Kenya. I advised the client on the options available to them and eventually received instructions to file a liquidation Petition in the High Court of Kenya to liquidate the assets of EkoRent Africa Limited. I obtained an interim liquidation order on 25th November, 2022 and worked with the Official Receiver to liquidate the assets after which the proceeds were distributed amongst the debtors.
Nairobi Anti – Corruption and Economic Crimes Misc Cause No. E017 Of 2021 Assets Recovery Agency Versus Martin Elia Lomuro (Unreported) - Successfully filed an application to set aside an order that had been issued against our client restraining him from accessing his bank account. The matter was urgent and of great importance to the republic of South Sudan as the client is a sitting Cabinet Minister in the said government and enjoys diplomatic immunity from the civil and criminal jurisdiction of the courts in Kenya pursuant to the Privileges and Immunities Act and the Vienna Convention on Diplomatic Relations of 1961. The Assets Recovery Agency upon reviewing the strength of our application conceded that it was satisfied that the source of our client’s funds is legitimate and recorded a compromise that led to the order freezing our client’s account being set aside.
Isaac Kinyanjui Muitherero v Jonathan Craig Buffey & 2 others; Wild Eye East Africa Limited (Affected Party) [2020] eKLR - Successfully defended my clients in a shareholder’s dispute. I prevented an injunction from being issued to reinstate a former director of the company (engaged in the hospitality industry with a luxury camp at the Maasai Mara).
Joan Jeptoo Ngeno v Stephen Muthoka James & another [2020] eKLR – successfully managed to secure my client’s property, situated in Mariakani, Kwale County, which had been fraudulently obtained by the defendant. An unknown person had impersonated my client and induced the 1st defendant to purchase my client’s property in 2016. The court agreed with my argument that the impersonator could not pass a good title to the 1st defendant as it was fraudulently obtained.
O-Play Kenya Limited v Fivespot Kenya [2018] eKLR – successfully defended my client (a payment and billing processing provider in Kenya) in an application for injunction to compel my client to continue providing services to the applicant. I succeeded in justifying my client’s termination of the contract. The value of the claim was over USD. 4,800,000.
Ocean Foods Limited v Osotspa Company Limited & 2 others [2017] eKLR - I successfully defended the suit in a breach of contract claim valued at over Kshs.150,000,000 and managed to secure the client’s trademark from infringement in a counterclaim in the same suit.
Suleiman Mohamed Said Suleiman Al-Busaidy & another v Shell Company of East Africa Limited & 2 others [2018] eKLR - I successfully represented the region’s biggest oil company in a claim comprised of various prayers including general damages for breach of contract; trespass and loss of business. The total sum was quantified at Kshs. 35,000, 000.
Maithene Malindi Enterprises Limited v Kaniki Karisa Kaniki & 2 others [2018] eKLR - I successfully represented Giro Bank (now I&M Bank) in the Court of Appeal in a matter relating to the bank’s exercise of tits statutory power of sale. The value of the claim was over Kshs. 30,000,000;
Kore Forests Limited v Attorney General & 9 others [2016] eKLR – I successfully set aside an order that deprived my client of its prime property situated in the South Coast of Kenya.
Republic v Registrar of Societies Ex-parte Shaahid Sheikh & 15 others [2015] eKLR and Tarak Khawaja & 5 others v Registrar of Societies & 9 others [2017] eKLR - successfully filed Judicial Review proceedings in the High Court in Mombasa against the Registrar of Societies who had purported to appoint persons who were not members of the Association as the office bearers of the Association. The appeal to the court of appeal was also successfully defended and the judgment of the High Court was upheld
In 2017 and 2022 I worked with the team of advocates representing the Presidents of the Republic of Kenya in the presidential election petitions filed following the presidential elections.
In 2014 I worked with the team of advocates representing the media houses of Kenya in the Supreme Court. The media houses were challenging the failure by the Communications Commission of Kenya (CCK) to issue their joint venture company with a Broadcasting Signal Distribution (BSD). The proceedings resulted in a directive from the Supreme Court to CCK to consider the joint application that had been put in by the media houses.
I have filed and defended numerous suits on behalf of various banks in Kenya. The suits all related to monies owed to the banks following various facilities advanced by the banks to their customers.
I regularly advise a number of clients on various aspects of Employment Law. I prepare/review contracts of employment, advise on negotiations with trade unions, prepare/review Collective Bargaining Agreements with the union. I also represent the said clients in claims filed against it in the Employment and Labour Relations Court.
Other achievements and responsibilities
June 2022 – June 2023 - Board member of the Postal Corporation of Kenya appointed by the Cabinet Secretary for ICT Information and Youth Affairs
October 2016 – Recognised by the Nation Media Group as one of the Top 40 under 40 women in Kenya in 2016. This was in recognition of my achievements in the legal field and the appointment by H.E the President as the youngest head of a statutory board.
June 2016 – Appointed by H.E President Uhuru Kenyatta as the Non-Executive Chairperson of the Youth Advisory Board established under section 16 of the National Youth Council Act, 2009. I was re-appointed for a further 3 years on 3rd May, 2019.