The Supreme Court on 17 February 2023 delivered a judgment in the case of Westmont Holdings SDN BHD v Central Bank of Kenya & 2 others [Petition No. 16 (E023) of 2021] (the Westmont Case) in which it outlined standard guiding principles that courts ought to consider when making an order for security for costs.
Rosalia Musyoka is an Associate in the Dispute Resolution Practice Group at IKM. She is part of a team that represents various litigation clients including individuals, companies, government agencies and multi nationals before subordinate and superior Courts of Law and Arbitral Tribunals.
Rosalia has been exposed to litigation relating to Employment disputes, Intellectual Property disputes, Insurance and Personal Injury disputes, Real Estate disputes, Public Procurement, Defamation, Family Law and Tax disputes.
She is involved in advising potential litigants on the necessary and appropriate legal actions to take for efficient resolution of their disputes.
Rosalia has also gained valuable experience in drafting most key documents lodged in court and arbitral tribunals at different stages of various cases.
Experience has included representing:
- As a team member, one of Kenya’s biggest media companies in various defamation related claims.
- As a team member, a government agency in an appeal revolving around constitutional issues including the law on constitutional amendments.
- As a team member, various companies and individuals on matters touching on employment and labour laws.
- As a team member, a global tea company in defending a claim relating to land ownership.
- As a team member, one of Kenya’s biggest international schools in an employment dispute before an arbitral tribunal.
- As a team member, a government agency in a high profile public procurement dispute.
Professional Qualifications
- Advocate admitted to the High Court of Kenya (2021)
Education
- Kenya School of Law, Diploma in Law (2019)
- University of Nairobi
Prior Experience
- 2021 to date, Associate, IKM Advocates, DLA Piper Africa member firm in Kenya
- 2020, Pupil, IKM Advocates, DLA Piper Africa member firm in Kenya
Memberships
- Member of the Law Society of Kenya
In any country's legal system, the ability to access justice is an important part of the social contract. Public procurement law, just like any other field of law, should promote socio-economic development through the fair allocation of resources (including government purchasing). In this article, we will be looking at some of the laws regulating public procurement disputes in Kenya and explaining how some of them might be impeding the goals mentioned above.