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FRED KONDO ATHUOK - Head of Litigation

Fred Kondo Athuok

Name: FRED KONDO ATHUOK
Age: 37 years
Gender: Male
Marital Status: Married
Nationality: Kenyan
ID No: 11301511
Contact: P.O. Box 66975 - 00200
  (254)-02-2212131, 2219714, 2219715
 

0722 235211

  Nairobi.
E-Mail: fredathuok@yahoo.com
Education Background
March 1992 – June 1996 University of Nairobi Faculty of Law LL.B Degree, Second Class Honours,Upper Division.
Feb. 1987 – Dec. 1990 Maranda High School
Jan. 1979 – Nov.1986 Nyakongo Primary School.67 Points out of 72.
training/Work experience
1 Period February 2004 To date
  Company Ibrahim, Issack & Company Advocates
  Position Partner
2 Period October 1997 – January 2004.
  Company Ibrahim & Isaack Advocates
  Position Associate

I have practised law for eleven (11) years as an Advocate of the High Court of Kenya since 1998 and now as a Partner in the Law firm of Ibrahim, Issack & Company Advocates.  Qualified for appointment as a Judge of the High Court of Kenya in 2006.

I joined the then Mohamed Ibrahim & Associates in 1997 from the Law Firm of Salim Dhanji & Company Advocates.

Initially I handled mainly conveyancing and commercial work. I have since extended my work to cover several areas including Aviation, Corporate Law, Banking Law, International Trade Law, Company Law and Land Registration and property transaction procedures, Securities Law, Real Estate Law, Insurance Law, Intellectual Property Law, Labour Law, Insurance Law and Arbitration.

At the moment, I am the Partner in Charge of the Litigation Department.

Currently, I handle work for a portfolio of both corporate and individual clients including the East African Portland Cement, National Hospital Insurance Fund, Bamburi Cement, National Bank of Kenya Ltd, Trans-National Bank Ltd and the Premier Group of Companies (Premier Bag & Cordage, Premier Flour Mills Ltd, Blue Bird Aviation, African Commuter Services Ltd, 748 Air Services and in aviation, I have handled both Commissions of Inquiry and Litigation dealing extensively with the role of the Kenya Civil Aviation Authority resulting into the Busia Plane Crash Inquiry Report of 30th April 2003 which gave wide and far reaching recommendations for the running and improvement of the Civil Aviation industry in Kenya and compliance with International Civil Aviation Organisation (ICAO) regulations, procedures and minima.  During this Commission of Inquiry and the subsequent Litigation, I had full exposure to and knowledge of the Kenya Civil Aviation Act Cap 394 Laws of Kenya, the Civil Aviation (Amendment) Act 2002, together with the International Civil Aviation Organisation (ICAO) regulations, procedures and practices.  I was also exposed to KCAA structures, functions and departments in full. 

In Litigation, I have engaged in Cases including, the Safaricom IPO Case, the Busia Plane Crash Inquiry and Litigation and Kenya Bureau of Standards line of Cases dealing with Standardisation and Standards Levy; the Eldoret Kenya Power & Lighting Case, Kenya Civil Aviation Authority and the Civil Aviation Act, The Communication Commission of Kenya RTO Licence line of Cases.  I have a portfolio of local and international companies as clients with a wide exposure to International Civil Aviation Organization (ICAO), Regulations and procedures, International Trade Law, Banking Law and practice. I have handled work in conjunction with the leading UK Law firm of Clifford Chance and Kampala Associated Advocates.  My work has included review and opinion on various Aviation procedures, standards, licencing, acquisitions, Leases both wet and dry leases; bank records and procedures, Import and Export business law, advice on Trust Receipts, Letters of Credit, Letters of Indemnity, Advising and Amendment Letters together with the various Amendment Forms. I have also prepared, offered opinion with regard to procurement procedures, the various short and long term lending and borrowing. In this regard, I have covered the following securities:

Pledges, Negotiable Instruments (Bills of Exchange, Promissory Notes and fully Negotiable Securities such as Bearer bonds), Bills of Lading, Charges over Receivables, Letters of Hypothecation, Mortgages and Charges, Debentures and Chattels mortgages

1 Period August 1996 – Oct. 1997.
  Company Salim Dhanji & Company, Advocates,
  Programme Pupilage & Holding Over.

In the Law Firm of Salim Dhanji & Company Advocates during the Kenya School of Law Diploma Programme and after, I undertook the preparation of several legal and protracted documents on behalf of high profile companies including
Kenya Airways,
Alico Kenya Limited,
Citbank N.A.,
Commercial Bank of Africa
First American Bank
Banque Indosuez
Total Kenya Limited
First National Finance Bank Limited.

4 Period December 2001 – To date
  Organisation War Child Kenya Programme
  Position Director

Warchild is a Non-Governmental Organisation based in the UK. The main objective of this Organisation is the provision of relief aid to Children and their families in conflict and post conflict zones. It has had programmes in the Balkans, Kosovo, Serbia Bosnia, Rwanda, Burundi, Southern Sudan, Northern Kenya, Ethiopia, Chechnya, Sierra Leone and East Timor. War Child Kenya Programme is now registered as an NGO in Kenya.

5 Period December 2005 – To date
  Organisation St. Mary’s Project for Orphans and Vulunerable Children
St. Mary’s Project is a community based organization catering for over 600 children on home based care of children orphaned by HIV Aids.
6 Period September 1992 –January 1993.
  Company T.J. Cottington Technical Services Ltd.
  Post Held Project Assistant

My duties with this Engineering and Management Consultancy Firm involved working as an assistant to the Consultant during the inception, implementation and commissioning of the West Kenya Rainfed Rice Development Project,  (WKRRDP) funded jointly by the African Development Bank, The Government of Kenya and OPEC. This multi-faceted project included the construction of a Rice Mill Complex by China Jiangsu International as the main contractor and FH Schule GmBh of West Germany as the machinery suppliers; the creation of a self-sustaining credit system; management training, the establishment of a computer system for the various components of the project and environmental appraisal of the project. In this capacity I was responsible for the consolidation of the consultant’s periodic Reports on all components of the project for the submission to the funding agencies and the client, keeping of all relevant records of the project and attending specialist meetings, collecting individual reports on the various components of the project, preparing the draft reports, the Inception, Quarterly, Annual, Progress and Final reports. Harmonizing the various engineering contracts and sub-contracts.

This work was intensive and required knowledge and use of Word processing and Accounting computer packages. In addition to this, I had experience in the preparation of various Engineering contracts including the main contract, sub contracts, bid bonds, performance bonds, inspection of completion certificates, interim certificates, tender evaluation procedures, procurement procedures, and revision of contracts.

7 Period Jan. 1993 – Feb. 1993

Conduct of both Criminal and Civil cases during the Fourth Term Clinical programme at the Chief Magistrates Court at Kisumu Law Courts.

8 Period May 2000 – To date
  Organisation African Network for the Prevention & Protection Against Child Abuse & Neglect (ANPPCAN – Kenya Chapter).
    Member.
9 Period Dec. 2000 – To date
  Organisation International Commission of Jurist (ICJ-Kenya Chapter)
    Substantive and active member
10 Period March 1998 – To date
  Organisation

Law Society of Kenya

   

Substantive and active member

11 In 1995, I participated in a OAU Rwanda simulation programme organized by the Students of Law and Diplomacy at the University of Nairobi.
12 In 1996, I participated in a three day conference organized by the Federation of East African Law Students Associations on East African Development – Towards Regionalism.
13

I was a Student Leader at the University of Nairobi and in 1995, I was the  Class Representative of the third year LLB Class duly elected and authorized to conduct the official business on behalf of the Class and  to sit in the Faculty of Law Board Meetings.

14 In March, 1996, I won a Moot Court Competition at the Faculty of Law, University of Nairobi.
15 I was an active and substantive member of the high powered committee comprising clergymen, doctors, social workers and students which organized the successful First HIV AIDS Ecumenical Conference in Kenya.
16 I was the Co-ordinator of the Law Forum, a student organization at the Faculty of Law involved in the organization of Moot Court and legal awareness programmes. In this capacity, I initiated the Moot Court Programme as an important learning activity for the students of Law which runs todate.
17 I am a member of the Dolphin Club of Nairobi, a Social Charity Club of young professionals and students who participate in charitable social work and discussions on topical issues including the law, science and development.
18

In high school, I was an active member of various clubs as follows:

  • Secretary to the Debating Club;
  • Secretary to the Writers Club;
  • Member of the Choir;
  • Chairman of the Mathematics Club;
  • Chairman of the Science Club

19 I was a House Captain and I won my School an Award at the National Science Congress in Nairobi in 1990.
20

I have working knowledge of Computer Packages including:
Word-processing– Microsoft Word/Windows versions
Spreadsheets-  Lotus 123 v. and 3.4, Microsoft Excel,
Operating Systems- MS  DOS and Windows.

Papers authorised
1 Athuok Fred C. K. Protection of the Shareholder in Company Law: A case for the Strengthening of the Derivative Suit, a dissertation submitted in partial fulfillment of the requirements for the award of the Bachelor of Laws (LLB) degree of the University of Nairobi ( Awarded grade A by the examiners).
2 Athuok Fred C.K. A Critical Appraisal of the Conduct of Civil Cases in Kenyan Subordinate Courts.
Hobbies
Hockey, Volleyball, Chess, Scrabble, Football and Swimming.
Referee
1 Coln. (Eng.) Enos Ndoli,
Ministry of Transport,
Air Accident Investigations Department,
NAIROBI.
2 Justice Mohamed Ibrahim,
High Court of Kenya
ELDORET