
DUNCAN M. OKUBASU
Senior Partner
Areas of Practice:
Okubasu is an Advocate of the High Court of Kenya. He served his pupillage under the firm of Mohammed Muigai Advocates and has previously worked at Gicheru & Co Advocates, in Eldoret. Before forming Okubasu, Munene & Kazungu Advocates, Okubasu practiced law in the firm of Kioko, Munyithya, Ngugi (Nairobi) where he was the advocate in charge of its Nairobi branch. His areas of practice include review of the decision to prosecute, constitutional and human rights claims, judicial review of decisions of quasi-judicial and administrative bodies, employment and industrial relations, power relationships within corporate entities and
Okubasu also teaches law at Moi University’s department of Public Law and has previously taught both at Catholic University of Eastern Africa, well as Kabarak University where he was the founding Director for its Centre for Jurisprudence & Constitutional Studies. Each year since 2016, he presents a seminar on Comparative Constitutional law in Africa at the University of Nairobi (LLM Class). He was also an editor of the Journal of Law & Ethics and a reviewer of several journals such as the University of Oxford Commonwealth Law Journal. He also serves as the correspondent for Oxford University for Eastern Africa for its Human Rights Hub. In the year 2016 & 2017, he was a consultant with the Council of Governors, advising them on land laws in Kenya and was a Member of the Taskforce of Extension and Renewal of Leases set up by the Government of Kenya.
“Experienced Attorneys Aggressive Representation.”
Academic Qualifications
Academic qualifications
- Doctor of Philosophy (Ph.D) [In constitutional law] –Utrecht University, Netherlands, (ongoing- expected in 2020)
- Master of Laws (LL.M) – University of Pretoria, South Africa
- Postgraduate Diploma- Kenya School of Law
- Bachelor of Laws (LL.B)- Moi University
Membership in professional bodies
- Member, British Institute of Eastern Africa
- Member, Law Society of Kenya
- Member, International Society of Public Law
- Member, East African Law Society
- Member, International Association of Constitutional Law
Some key matters handled
- Has been a defence lawyer in several high profiled criminal cases including N.Y.S 2, National Land Commission Compensation cases, Maize importation Case (Erad Supplies and General Contracts).
- Presently representing Afrison Export Import Limited in a case concerning constructive compulsory acquisition by the National Government and the County Government of Nairobi over a Kshs. 33 billion claim.
- Successfully acted for the Council of Governors in an employment dispute by non-practicing doctors who wanted to be paid certain allowances reserved for doctors in active practice in government.
- Successfully represented Professor Muhammad Swazuri former Chairman of the National Land Commission in review of the decision of the Chief Magistrate effectively removing him from office.
- Representing Firstling Supplies Limited in a constitutional petition challenging the powers of the Director of Public Prosecutions to exercise his decision to prosecute.
- Successfully represented Saadia Ahmed Mumin in a judicial review proceedings seeking to challenge the decision of the Political parties Tribunal to substitute her name with the name of another candidate. At that time, it had been felt that the only way to challenge a nomination was through an election court.
- Successfully represented a group of students from Uganda and South Sudan, who had been barred from admission to the Kenya School of Law on the basis that they were non-Kenyans.
- Successfully argued an application against the Cabinet Secretary Ministry of Interior at the High Court of Garissa and suspended his decision to create an administrative division (ward)
- Challenged the powers of a Chief Magistrate Court to impose bail terms on conditions that constituted a conviction. (Lazarus Muli v Director of Public Prosecutions & Another, Constitutional Petition 34 of 2016). This led to quashing of the entire criminal proceedings.
- Successfully challenged the powers of the Kenyatta University to suspend a student. [Nkatha Joy Faridah Mbaabu v Kenyatta University, Petition 411 of 2015.