At the heart of the right to access justice is the right to legal representation. The lawyers’ role in the legal process therefore cannot be understated. Lawyers deserve to be compensated for their work because the practice of law is a career just like any other. However, Wanjiku should have the comfort of knowing that she can access justice and hire lawyers just as easily as anyone else. There is therefore need to maintain a delicate balance between these competing interests; the right to access to justice and fair remuneration of lawyers.
Eric Karuti represents clients in wide-ranging dispute resolution work. He handles complex litigation and arbitration proceedings in the fields of financial services, employment, legislative drafting, public interest litigation and insurance law.
Eric has represented various public bodies, devolved governments, government agencies, private companies and individual clients in various courts and tribunals.
He also offers policy and legal advisories to financial institutions, in addition to safeguarding their interests in proceedings lodged before various courts and tribunals.
Eric has also participated as both lead and assisting counsel in proceedings leading to landmark decisions, including decisions emanating from the Supreme Court.
Experience has included advising:
- An Electronic Payment Service provider in complex arbitration proceedings involving among other issues, breach of a Revenue Collection Agreement
- A notable financial institution in a complex multi-million shilling dispute, involving an application for injunctive reliefs, wherein the institution had sought to exercise its Statutory Power of Sale over numerous housing block units situated in an upcoming prime market area
- Numerous debt recovery proceedings on behalf of various financial institutions, such as proceedings involving Banks’ exercise of the Statutory Power of Sale
- A county government in a claim lodged at the Employment and Labour Relations Court involving an employee’s fraudulent reinstatement to payroll
Professional Qualifications
- Advocate admitted to the High Court of Kenya (2016)
Education
- University of Nairobi, LLM Masters of Laws, (On-going)
- Kenya School of Law, Diploma in Law (2014 - 2015)
- Catholic University of Eastern Africa (2010-2013)
Prior Experience (Optional)
- 2023 to date, Senior Associate, IKM Advocates, DLA Piper Africa in Kenya.
- 2020 to 2023, Associate, IKM Advocates, DLA Piper Africa in Kenya.
- 2018 to 2020, Associate, Nairobi-based law firm.
- 2016 to 2017, Associate, Nairobi-based law firm.
- 2016 to 2016, Intern, German-based Non-Governmental Organization.
- 2015 to 2016, Legal Assistant, Nairobi-based law firm.
Memberships (Optional)
- Member of the Law Society of Kenya
- Member of the East Africa Law Society
- Member of Chartered Institute of Arbitrators
IKM has successfully defended Kenya Airports Authority in a landmark case at the Supreme Court, challenging the decision of the Court of Appeal in assessing the instruction fees due to an advocate.
Detention of patients by hospitals over unpaid hospital bills has become a very common phenomenon. Hospitals justify this practice on the basis that once they release patients it is impossible to follow up the unpaid bills. This phenomenon is a true depiction of the sad effects of ever-escalating cost of medical services combined with the dwindling financial fortunes of the average Kenyan. Lack of a national medical health insurance scheme has ensured that the situation remains unchanged.
Shareholder primacy requires that the Board of any Company must act in the best interests of its shareholders. Under the concept, the shareholder is placed at the centre of the company’s corporate governance structure. The interests of other stakeholders such as the consumers, employees and the external society are largely regarded as secondary to the interests of the shareholders.