Allen Waiyaki Gichuhi

Position: Senior Partner
Area of Practice: Litigation
Email: allen@wamaeallen.com

Allen Gichuhi is a leading litigation advocate with over 20 years’ experience in commercial litigation, administrative (public) law and widely respected in the banking and corporate world for his unique litigation skills. He is ranked in Band 2 by Chambers Global 2013-2017 and is noted for his impressive track record in contentious mandates.

Allen is presently the 48th President of the Law Society of Kenya, a Chartered Arbitrator at Chartered Institute of Arbitrators, Kenya Branch and a Director of Nairobi Centre for International Arbitration.

  • He has practised in two of the leading litigation firms in Nairobi – Hamilton Harrison & Mathews as a Senior Associate and Walker Kontos as the Partner-in-Charge of the litigation department. Allen is founder and active member of both Court of Appeal and High Court Commercial and Tax Division bar-bench committees.
  • He believes in sharing his experiences and is a regular presenter at Law Society of Kenya Continuous Legal Education Programmes.
  • He is a reformist and has actively participated in the reform of the litigation landscape in Kenya for 20 years. His vision and insight in to providing practical solutions to contemporary legal problems has endeared him to his peers and judges.
  • He was head of the sub-committee mandated to draft Kenya’s first Court Mandated Mediation Rules. In 2013 he was gazetted as a trustee of the Nairobi Centre for International Arbitration. His past successes are set out in his curriculum vitae which is available upon request.

ACCOLADES

Allen has been recognized for the expertise in his respective field. This is what clients and peers have to say internationally.

He has a growing reputation in the legal field and is consulted on complicated legal cases. He features in Chambers Global and Legal 500 and was instrumental in the growth of the litigation department of his former firm which was ranked among the top 3 firms in dispute resolution by Legal 500 in 2010.

  • In the 2013 Chambers, Global Legal 500 Edition based on peer review:

“Allen Gichuhi’s dispute resolution department at Walker Kontos Advocates is going from ‘strength to strength’, and handles complex commercial litigation, corporate recovery and ADR matters. The team’s lawyers are ‘very competent’ and have ‘valuable experience’.

  • In the 2013 Chambers, Global Edition, he is the listed at position 2 in Band 2. His accolade reads:

“Sources universally applaud Allen Gichuhi, who is highly regarded for his work on high-profile instructions: “He’s really excellent – he’s really perfected his practice in banking and commercial litigation.” 

  • In the 2014 Chamber, Global Edition, this is what has been said:

‘’Since publication, Allen Gichuhi has joined Wamae & Allen Advocates from Walker Kontos. Sources consider him to be a strong choice for complex litigation, with a substantial caseload in the banking sector. Clients speak highly of his proactivity and good communication.’’

‘’Sources describe him as “an absolutely excellent litigator” who “quickly understands what the issues are.”

“Allen is noted for his impressive track record in contentious mandates”

EXPERIENCE AND SUCCESS

  • In 2005, the case of Triton Petroleum Company Limited, he scored a decisive victory in the area of tracing of assets. The area of constructive trust was expanded in Kenya to allow the joint sale of a valuable asset for the benefit of the banks. The Triton litigation was remarkable as client banks only had a debenture but through innovative litigation skills, they managed to secure the sale of various assets and recovered in excess of Kshs. 2.5 billion. The recovery exercise is ongoing and more assets will be disposed off.
  • He scored a first when he successfully moved the high court in 2012 to order the Attorney General to immediately repeal the Land Control Act.
  • In 2016, Allen petitioned the branches of the Law Society of Kenya to appeal the high court’s decision barring magistrates from handling land and employment related disputes – which had adversely impacted the legal practice, freezing over 100,000 cases for almost two years. In October of 2017, his appeal, whose brief he took up on a pro bono basis, was successful.
  • In his bid to give back to society, Allen has reduced his experience and knowledge in his book “Litigation – The Art of Strategy and Practice” published by Law Africa Publishing (K) Ltd, 2017. This is the first book of its kind in dealing with the practice of litigation in the country. He is also an adjunct lecturer at the Kenya School of Law where he lectures on the practice of litigation. Allen has mentored young advocates and freely gives advice to colleagues on various litigation matters whenever he is consulted.