Brian Odongo

Partner

+254 20 271 3977

brian@koassociates.co.ke

Brian Odongo is a seasoned legal practitioner with extensive experience leading the Dispute Resolution Practice. He offers strategic litigation and advisory services that align legal solutions with business goals. His expertise spans traditional legal disciplines and emerging areas, positioning him as a versatile advocate for clients across public, private, and regulatory sectors. Brian deploys litigation as a strategic tool to advance client interests beyond courtroom wins. His practice is rooted in legal foresight, risk management, and tactical precision across high-stakes disputes with reputational and financial implications.

Transaction Highlights

• Represents clients in complex disputes including wrongful termination, redundancy claims, workplace discrimination, and union engagements, ensuring compliance with Kenya’s evolving labour landscape.
• Advisory on employment restructuring, compliance audits, policy development, and risk mitigation.
• Represents clients in high-stakes bid challenges, contract terminations, and enforcement of procurement laws, often safeguarding client interests in politically sensitive and compliance heavy environments.
• Litigation before the High Court, Court of Appeal, and Supreme Court of Kenya, tackling intricate issues such as the interpretation of constitutional mandates, enforcement of fundamental rights, judicial review of administrative action, and the interplay between public interest and commercial rights.
• Leverages judicial review to uphold constitutional values and protect client interests. This involves: Challenging regulatory overreach by government agencies; Contesting unfair licensing or permit denials; Defending corporate rights in administrative enforcement actions; and Seeking remedies such as certiorari, mandamus, prohibition, and compensation under Section 11 of the Fair Administrative Action Act.
• Representing regulatory authorities in specialized litigation across diverse sectors such as insurance, telecommunications, energy, financial services, and environmental governance. This includes strategic counsel on enforcement actions, statutory compliance, and defense of regulatory mandates before specialized tribunals and superior courts.
• Representing clients in high stakes disputes across the technology, media, and telecommunications (TMT) sectors, as well as in intellectual property (IP) litigation. These include copyright infringement, trademark disputes, domain name conflicts, and regulatory enforcement actions involving digital platforms and telecom operators.
• Advising startups, broadcasters, software developers, and multinational tech firms on IP protection strategies, licensing frameworks, and litigation before specialized tribunals and the High Court.
• Environmental litigation support with contentious matters involving land use, industrial emissions, biodiversity protection, and community rights, with a particular focus on proceedings before the National Environmental Tribunal (NET).
• Represented clients in appeals challenging Environmental Impact Assessment (EIA) decisions, environmental restoration orders, and licensing disputes under the Environmental Management and Coordination Act (EMCA).
• Advises on compliance strategies and risk mitigation for entities navigating Kenya’s complex environmental regulatory landscape.
• Providing Specialized Arbitration in TMT, Software & Contractual Disputes involving technology, media, telecommunications (TMT), and software related contracts, covering licensing disagreements, software implementation failures, breach of service level agreements, and disputes over intellectual property embedded in digital platforms.
• Advisory on arbitration nuanced to TMT contracts including agile development models, cloud service agreements, and data governance for tech firms and digital innovators seeking efficient, confidential, and expert led resolution of contractual conflicts.
• Representing banks, insurers, and financial institutions in litigation spanning employment disputes, contractual breaches, operational liabilities, and customer claims, such as wrongful termination of bank staff, enforcement of loan agreements, restructuring of financial instruments, and defense against consumer protection claims.
• Represented clients in data protection disputes before the High Court of Kenya and has successfully engaged with the Office of the Data Protection Commissioner (ODPC) in negotiations and advisory processes, including challenging data breach advisory, enforcement notices, defending against penalty actions, and securing favorable outcomes through alternative dispute resolution mechanisms such as mediation and conciliation.
• Advisory to data controllers and processors on compliance strategies under the Data Protection Act, 2019, and the Complaints Handling and Enforcement Regulations, helping clients navigate investigations, enforcement proceedings, and reputational risks.

Education

• Postgraduate Diploma in Tax & Administration – Kenya School of Revenue Administration (Ongoing)
• Master of Laws in International Trade & Investment Law – University of Nairobi (Ongoing)
• Postgraduate Diploma in Law – Kenya School of Law (2016)
• Bachelor of Laws (LLB) – Kenyatta University (2014)

Languages 

• English
• Kiswahili

Countries of Work Experience

• Kenya

Citizenship

• Kenya

Client feedback

“Responsive and practical.”