Faith M. Macharia

Faith Macharia is a partner at ALN Kenya | Anjarwalla & Khanna and a member of the Dispute Resolution team. Her practice includes domestic, regional, cross-border and international representation of parties before different courts, tribunals, and other forums. She has handled a blend of complex matters as the lead lawyer and as part of a team before the East African Court of Justice (EACJ), all levels of court in Kenya, several local tribunals and international tribunals appointed by the London Court of International Arbitration (LCIA). She has also represented clients before special committees of the National Assembly and The Senate, and before the Multi–Agency Team made up differently. Faith has over ten years of experience and is the principal partner for employment disputes at the firm. She has been on secondment to Stephenson Harwood, London, a leading multinational law firm.

Her matters include complex commercial disputes, trade disputes, employment disputes, shareholders disputes, land disputes and tax disputes. She also advises on diverse employment issues and helps clients in enforcement proceedings of local and international arbitral awards in Kenya.

Faith provides training, writes, and speaks on a wide range of contentious issues. She co–authored the 6th, 7th, 8th, 9th and 10th editions of the International Arbitration Review, Kenyan Chapter. She regularly speaks as a panelist on arbitration topics in the region, including at the 2016 and 2020 East Africa International Arbitration Conference.

She is the Chairperson of the East Africa Law Society, Trade and Regional Integration Committee. The Committee comprises representatives from the seven-bar associations in the East Africa Community and select civil society organisations with the key mandate of advancing the East Africa Community trade and integration agenda through policy formulation, legislation, advocacy, and strategic litigation at the EACJ.

Kenya’s leading business newspaper, Business Daily, rated her as one of the region’s leading women, Top 40 under 40, 2021, for her contribution to legal space.

• Law Society of Kenya
• Law Reform, Devolution and Constitutional Implementation Committee
• East African Law Society
• Chairperson, Trade and Regional Integration Committee of EALS

2010: Admission to the Kenyan bar

2009: Diploma in Law, Kenya School of Law

2007: LLB (2nd Class Honours, Upper Division) University of Nairobi

2020 – Date: Partner, Anjarwalla & Khanna

2016 – 2019: Senior Associate, Anjarwalla & Khanna

2016: Associate (Secondment), Stephenson Harwood, London

2015 – 2016: Principal Associate, Anjarwalla & Khanna Advocates

2012 – 2014: Associate, Anjarwalla & Khanna

2011 – 2012: Associate, MMC Africa Law (previously Muriu, Mungai & Co. Advocates)

2009 – 2010: Legal assistant, MMC Africa Law (previously Muriu, Mungai & Co. Advocates)

2008: United Nations Development Programme (UNDP)

• Faith is ranked as a Next Generation Partner for Dispute Resolution Practice and Employment Practice in Kenya by Legal 500 in 2021 – 2023.
• Faith has been recognised as a ‘A Leading Dispute Resolution Lawyer in East Africa’ by The Lawyer Africa in 2021 & 2022
• Faith was nominated by The Law Society of Kenya, Nairobi Branch, under two separate categories, Best Lawyer of the Year and Pupil Master of the Year, 2020.
• Faith was ranked by Chambers Global 2018 as an Associate to watch in dispute resolution in Kenya.

‘Faith Macharia is a powerhouse, scaling beyond local courts to deliver excellent performance at the East African Court of Justice. She has mastered cross-border dispute resolution within EAC and is counted among leading advocates on cross-border trade disputes.’ – Legal 500 2023

“ Accrues client praise for her solution-oriented advice and is recognised as a confident and passionate litigator. Takes the lead on significant matters.”- Chambers Global, 2023.

“Demonstrates a solid presence and handles several high-profile tax disputes” – Chambers Global, 2023.

“Faith Macharia is well experienced in litigation, both at the Tax Appeals Tribunal and at the High Court.” – Legal 500 2022

Faith is an “up-and-coming name in employment disputes” – Legal 500 2021

Clients highly regarded her by noting that “Faith Macharia has unique legal capabilities. Her ability to grasp issues and argue them out in court is beyond any experience I have come across” – Legal 500 2021

‘’We have been especially impressed with Faith Macharia and her demonstrable commitment to excellence and attention placed on assisting us to achieve our objectives.’’ – Legal 500, 2021.

Client acknowledged that “she has very good insights and is always on top of facts and strategy”. – Chambers Global 2018.

• Acting for a client in connection with an ongoing, multi-faceted dispute involving multiple complex high-level shareholders disputes, including proceedings in the High Court of Kenya, the Court of Appeal, special committees of the Parliament, the Ethics and Anti-Corruption Commission, and the Multi-Agency team. The dispute involves allegations of a conspiracy to defraud foreign investors/shareholders, fraudulent transfer of shares in local and multinational companies whose underlying asset is land, and complex commercial structures, including ultimate beneficial shareholding of the client in various offshore countries. The matter requires a highly strategic and coordinated approach to navigate the different forums and obtain the best possible outcome for our client.
• Acting for the Association of Kenya Insurers (AKI), an independent consultative and advisory body for the insurance industry with 55 members and 4 associate members, including Africa Reinsurance Corporation – the largest reinsurer in Africa in terms of net reinsurance written premiums, in connection with a lawsuit brought by Kenyan activist Okiya Omtatah. The case involved the cancellation of a USD 40 million, two-year medical insurance cover procured by the Parliamentary Service Commission (PSC). The insurance policy was intended to provide coverage for 418 members of parliament (MPs), their families, and staff working at Parliament.
• Successfully represented Kenya Association of Manufacturers (KAM), a leading business association with over 1,000 members, in connection with a high-profile and politically charged tax dispute against the Attorney General, the Kenya Revenue Authority (KRA), and the National Assembly. The case challenged the constitutionality of minimum tax provisions, which mandated businesses to pay a minimum of 1% of their gross revenue regardless of profitability. Secured a historic victory for KAM by obtaining a judgment from the High Court that declared the minimum tax provisions and guidelines unconstitutional, which the Court of Appeal later upheld.
• Successfully represented Africa Oil and a group of companies in connection with a landmark and high-value oil and gas dispute in Kenya, involving contentious judicial review proceedings challenging the government’s grant of petroleum sharing contracts to Africa Oil for several oil blocks in Northern Kenya. The case was heard in the High Court, Court of Appeal, and Supreme Court.
• Successfully represented Gamcode (trading as Betin), a leading betting company with foreign and local shareholding, in connection with a complex and high-profile tax dispute against the Kenya Revenue Authority (KRA). The dispute spanned five different forums and required a well-coordinated legal strategy. Our team secured a landmark victory for Gamcode when the Tax Appeals Tribunal and the High Court clarified the definition of “winnings” under the Income Tax Act, Chapter 407 of the Laws of Kenya. This ruling had significant implications for the entire betting industry in Kenya. The matter is currently pending appeal at the Court of Appeal.
• Successfully represented Kenya Airways, the flag carrier airline of Kenya and one of the largest airlines in Africa, in connection with a lawsuit challenging the airline’s Ab Initio Pilots Training Program and foreign-based pilot training programs. The suit alleged that the Program breached the Public Finance Management Act and discriminated against locally trained pilots from institutions licensed by the Kenya Civil Aviation Authority.
• Representing DHL, a global logistics industry leader, in connection with two separate claims brought by former directors and top management in Kenya involving allegations of unlawful termination, discrimination based on race, fraudulent amendment of employees’ handbooks, employment policies, and compensation policies to include additional employee benefits. I successfully defended an application for interim reinstatement of the former employees pending the hearing and determination of the main suit.
• Providing full-scope legal representation to AAR Kenya in connection with a high-stakes dispute with three former top management employees, who attempted to disrupt their disciplinary hearings and filed claims for damages, including defamation and unlawful termination. Successfully defended the client against an application to halt the disciplinary hearings and trained the company’s board of directors on appeal hearing procedures in compliance with the law. Additionally, I advised the client on regulatory compliance aspects of the disciplinary process, including reporting obligations to the Insurance Regulatory Authority.
• Acting for a client in a petition challenging the recent amendments made to the National Health Insurance Fund Act, 1998 (the Principal Act), which were introduced through the National Health Insurance Fund (Amendment) Act No. 1 of 2022. The amendments require employers to make a matching contribution to the fund established under the Principal Act, equal to that which their employee is liable to contribute, and not to deduct the same from the salary or remuneration of the employee. The estimated impact of the matching contributions would be a rise in NHIF annual premiums from 80 billion to 111 billion shillings.
• Representing the Association of Kenya Insurers (AKI) in connection with a significant legal challenge against the Kenya Revenue Authority (KRA), Attorney General, and National Assembly at the High Court and Court of Appeal. The case sought to challenge the constitutionality of Paragraph 10 of Part II of the First Schedule of the Value Added Tax Act (VAT Act), as amended by the Tax Laws Amendment Act, 2020, which removed the exemption of insurance agencies and brokerage services from VAT. Through a well-crafted strategy, we obtained conservatory orders suspending the further implementation of the provisions pending the hearing and determination of the petition. Eventually, we secured a landmark judgment declaring the provision unconstitutional, effectively reinstating the exemption of insurance agencies and brokerage services from VAT.
• Successfully represented a minority shareholder in a petition filed at the High Court against majority shareholders’ unfair, prejudicial, and oppressive actions. Obtained interim orders to protect the minority shareholder’s interest, including orders to stop the dilution of the minority shareholder’s shares in the company and remove the minority shareholder from their directorial position, pending the hearing and determination of the main dispute in arbitration.
• Acting as lead counsel in connection with a high-stakes cross-border dispute for the Heineken Group, a leading Dutch brewing company, involving the disputed termination of distribution agreements with distributors in Kenya, Tanzania, and Uganda, including managing the legal strategy and coordination with local counsel in Tanzania and Uganda following the withdrawal of cases filed in Kenyan Courts against Heineken Group by the Uganda and Tanzania distributors, and subsequently filed in Uganda and Tanzania High Courts. Successfully obtained a stay of orders of the High Court at the Court of Appeal, allowing Heineken Group to terminate the respective agreements with the distributors and appoint additional distributors in Kenya, Uganda, and Tanzania, thus ending the de facto distribution arrangement enjoyed by the distributors.
• Currently representing a Ugandan oil marketer in connection with an ongoing case at the East African Court of Justice against the Government of Uganda, including challenging a decision by the Uganda Revenue Authority (URA) to issue a substantial tax demand on the company for custom taxes on lubricants imported into Uganda. The grounds for the challenge are that URA’s decision was unlawful for infringing various provisions of the Treaty for the Establishment of the East African Community, the Protocol on the Establishment of the East African Customs Union, the Protocol on the Establishment of the East African Community Common Market, and the East African Community Customs Union (Rules of Origin) Rules (the EAC Rules of Origin).
• Represented a Tanzanian company in connection with a case against the Government of Kenya at the EACJ, challenging an amendment to the Excise Duty Act, 2015, introducing a 25% excise duty on imported glass into Kenya. The case impacted businesses in all six EAC member states and involved infringement of various provisions of the Treaty for the Establishment of the East African Community, the Protocol on the Establishment of the East African Customs Union, and the Protocol on the Establishment of the East African Community Common Market.
• Acting for a private equity fund in connection with a complex high-value post-acquisition of a business dispute filed at the London Court of International Arbitration (LCIA) for breach of warranties and misrepresentation. The sellers falsified and manipulated critical financial documents provided to the client during the due diligence process. The sellers also deleted and destroyed financial records to conceal the actual value of the business. Five experts with diverse expertise testified on behalf of the client. I’m representing the company at the High Court and Court of Appeal in ongoing enforcement proceedings of an international arbitral award, defending the company in related interpleader proceedings, and setting aside the international arbitral award.