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SAGANA,BIRIQ&MUGANDA

Innocent Muganda

Managing Partner

Head of Real Estate & Conveyancing

Professional Summary

Innocent is the Managing Partner of the Firm. With over two decades of legal practice, he is a distinguished practitioner in Real Estate, Banking and Finance, Corporate and Commercial Law, Dispute Resolution, Public Procurement, Project Finance, and International Arbitration.

He advises leading financial institutions, corporate entities, government agencies, and public sector institutions on complex, high-value transactions, regulatory compliance, governance, and commercial disputes. His extensive experience spans both contentious and non-contentious matters, making him a trusted adviser on sophisticated domestic and cross-border transactions.

An accomplished litigator, Innocent has successfully represented clients before the Superior Courts of Kenya, including the Supreme Court and the Court of Appeal, in a broad range of landmark matters that have contributed to the development and interpretation of Kenyan law, particularly in the area of election law and procurement law. He has also represented both corporate and individual clients in complex civil and criminal litigation involving constitutional law, urban planning, commercial disputes, debt recovery, regulatory enforcement, and administrative law.

Beyond litigation, Innocent has made significant contributions to Kenya’s legislative and regulatory landscape. He played an instrumental role in the development of the National Lottery Act 2023 and the Gabling Control Act 2025. His experience in legislative drafting and regulatory reform further complements his advisory practice across highly regulated sectors.

His leadership skills have been instrumental in strengthening corporate governance, institutional performance and strategic growth across various public institutions where he has served in leadership and board positions.

He currently serves as the Chairperson of the Political Parties Disputes Tribunal and has previously served as a Member of the Board of the National Water Harvesting and Storage Authority and as a Member of the Betting Control and Licensing Board, contributing to governance, oversight and the advancement of institutional mandates.

  1. Postgraduate Diploma in Law | Kenya School of Law | 2006.
  2. Bachelor of Laws | Moi University | 2004.
  • Acted for the Independent Electoral and Boundaries Commission in Presidential Election Petition No. E005 of 2022 before the Supreme Court of Kenya, arising from the 2022 Presidential Election. The matter involved complex constitutional, electoral and administrative law issues concerning the conduct, verification, tallying and declaration of the presidential election results. The Supreme Court upheld the declaration of the presidential election results, reaffirming key principles on the burden and standard of proof in presidential election petitions, the constitutional independence of the IEBC, and the requirement to demonstrate that alleged irregularities substantially affected the validity of an election.
  • Acted for the Independent Electoral and Boundaries Commission in Acted in Adam v Mohamed & 3 others (Petition 13 of 2014), a landmark Supreme Court appeal arising from the contested 2013 Garissa County gubernatorial election. The Supreme Court reversed the decision of the Court of Appeal and restored the election of the Governor, holding, among other things, that proven electoral irregularities do not, without more, invalidate an election unless their effect on the outcome is demonstrated through evidence and appropriate numerical analysis. The Court further affirmed that appellate courts must remain within the limits of their statutory jurisdiction and should not introduce new factual findings or substitute conjecture for evidence.
  • Acted for the Communications Authority of Kenya in successfully defending a challenge to a public procurement process valued at approximately Kshs. 4.2 billion on the tender for the supply, delivery, installation, configuration, and maintenance of the Revenue Assurance System. The matter involved complex procurement and administrative law issues. We obtained a successful judgment which enabled the Authority to proceed with the tendering process.
  • Acted for the Nairobi City County in Civil Appeal No. E160 of 2025 – Claire Kubochi Anami (Zoning Case) before the Superior Courts. The matter involved complex questions on urban planning, development approvals and the exercise of statutory planning powers by the County Government. The decision provided important guidance on the interpretation and application of planning and zoning requirements, including the regulatory framework governing development control within Nairobi County, and has implications for the exercise of planning authority and regulation of urban development.
  • Acted for Rentco East Africa Limited, Lantech Africa Limited and Toshiba Corporation Consortium in a successful appeal before the Court of Appeal in [2017] KECA 395 (KLR)arising from a Kshs. 52 billion procurement in the energy sector for the leasing of 50MW wellhead geothermal power generation units at Olkaria. The consortium had emerged as the highest-ranked bidder and was awarded the tender, but the procuring entity subsequently purported to terminate the award after the procurement process had been subjected to administrative and judicial review. The Court of Appeal allowed the appeal, holding that the purported termination was null, reinstating the decision of the Public Procurement Administrative Review Board and directing completion of the procurement process.
  • Advised Arnold Holdings on a large-scale residential development involving the subdivision and development of land for thousands of residential apartments. The mandate included extensive legal and title due diligence, structuring of the development and financing arrangements, and advising on the legal and regulatory framework necessary to facilitate the project.
  • Acted for Mega Holdings Limited in a real estate investment valued at over Kes. 2 billion. My role involved advising on the legal structuring and implementation of the investment, undertaking due diligence and supporting the client through the key transactional and regulatory aspects of the development.
  • Advised Takaful Insurance Company on the establishment and structuring of its insurance business in Kenya. The mandate covered the applicable legal and regulatory framework, licensing and establishment requirements, corporate structuring and regulatory compliance necessary to establish and operate an insurance undertaking.
  • Supported a Tier 1 commercial bank in Kenya in establishing its Islamic finance and Shariah-compliant banking operations in Kenya. The mandate included reviewing and overhauling the bank’s Shariah banking framework and preparing the standard legal documentation required to support its Islamic finance transactions, with particular regard to the applicable regulatory and Shariah requirements.
  • Part of the Technical Working Group responsible for the review and reform of Kenya’s lottery and betting regulatory framework, contributing to policy development, legislative review and the drafting of the National Lottery Act 2023 and the Gabling Control Act 2025. The work involved translating policy recommendations into legislative provisions forming part of the statutory framework.
  • Acted for RentCo Africa Limited in a complex arbitration dispute with a successful award of Kes. 1.2 billion involving breach of contract.

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Professional Membership