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SAGANA,BIRIQ&MUGANDA

Roger O. Sagana

Senior Partner

Head of Litigation & Dispute Resolution

Professional Summary

Roger Sagana is a Senior Partner and an accomplished Advocate with over two decades of experience in high-profile civil, commercial and criminal litigation before the Superior Courts of Kenya, as well as in Alternative Dispute Resolution. He has built a distinguished litigation practice representing corporate entities, financial institutions, public bodies and private clients in complex, high-value and precedent-setting disputes.

Roger has extensive experience in corporate and commercial litigation, corporate recovery and insolvency, director and shareholder disputes, civil forfeiture, constitutional and administrative law, public procurement, tax disputes, land and environmental law, election disputes and private law matters. He also has substantial experience in criminal litigation, particularly matters involving fraud, economic and financial crimes, as well as internal investigations and regulatory enforcement proceedings.

A significant part of his practice involves Alternative Dispute Resolution. Roger has successfully deployed arbitration, negotiation, mediation and other dispute resolution mechanisms to resolve highly contentious and complex disputes, with a focus on achieving commercially sound outcomes, preserving relationships where appropriate and reducing unnecessary costs and delays associated with prolonged litigation.

Roger has represented clients in significant election disputes at various levels of the Kenyan judicial system, including before the Supreme Court of Kenya. His election litigation experience includes matters concerning electoral nominations, electoral processes and the interpretation and application of Kenya’s constitutional and electoral framework. He has also successfully argued appeals arising from decisions of the High Court in matters concerning the review and delimitation of electoral boundaries by the Independent Electoral and Boundaries Commission (IEBC).

Beyond his courtroom practice, Roger has contributed to legal and institutional reform. He served as a member of the Taskforce established to implement the Environment, Land Use and Natural Resources framework under the Constitution of Kenya, 2010. His participation in the Taskforce reflects his experience in environmental governance, land law, legislative and policy development, and constitutional implementation. His appointment is also recorded in the Kenya Gazette.

Roger is recognised for his strategic approach to dispute resolution, strong advocacy and ability to navigate complex legal and commercial issues. His practice combines rigorous legal analysis with a practical understanding of his clients’ commercial, regulatory and institutional objectives, enabling him to provide effective representation and strategic legal advice in high-stakes and legally significant matters.

  1. Postgraduate Diploma in Law | Kenya School of Law | 2005.
  2. Bachelor of Laws | Moi University | 2004.
  3. Certified Public-Private Partnership (PPP) Specialist | Institute of Public-Private Partnership | Arlington, Virginia, USA.
  4. LLM | The Dickson Poon School of Law, King’s College London (Ongoing).
  • Ganijee Glass Mart Ltd & 2 Others v First American Bank Ltd: Successfully prosecuted the matter, with judgment entered against the Defendant in excess of KES 1 billion. Actively participated in interlocutory proceedings before the Court of Appeal while simultaneously engaging in settlement negotiations. Secured a settlement of more than KES 50 million and the discharge of properties valued at over USD 10 million.
  • Debt Recovery: Acted in a substantial debt recovery matter and filed winding-up proceedings. The challenges to the winding-up proceedings before the High Court and Court of Appeal were unsuccessful. The matter was subsequently settled through an out-of-court settlement.
  • Bluebird Aviation: Acted in a complex derivative action involving numerous stakeholders and extensive proceedings before the Commercial Court. The Plaintiff sought more than USD 1.5 billion in the derivative claim. Successfully opposed the application for leave to continue the derivative action under the Companies Act and successfully obtained an order for the buy-out of the disgruntled stakeholders at a valuation undertaken by a Court-appointed valuer.
  • Tax Dispute: Successfully represented a public institution in proceedings before the Tax Appeals Tribunal arising from a substantial tax assessment by the Kenya Revenue Authority. The matter involved complex questions concerning the applicability and assessment of various taxes and the interpretation of the institution’s statutory and tax obligations. The Tribunal ultimately set aside the reverse VAT assessment of KES 256 million and the withholding tax assessment.
  • Asset Forfeiture: Represented a private individual in proceedings instituted by the Ethics and Anti-Corruption Commission seeking forfeiture to the State of cash and properties valued at KES 1.9 billion on the basis that they constituted unexplained assets. The Commission also instituted criminal proceedings against the client and members of his family. Presented a detailed response and explanation of the acquisition of the assets. The matter was successfully settled in respect of properties valued at KES 230 million, as against the KES 1.9 billion originally claimed.
  • Lake Turkana Wind Power Project: Represented an indigenous community challenging the alienation of approximately 110,000 acres of trust land to a private investor for purposes of establishing a wind farm without following the prescribed statutory procedures. The Environment and Land Court held that the community land had been unlawfully alienated and directed the parties to regularize the alienation.
  • Presidential Election Petition: Participated in the Presidential Election Petition arising from the 2017 General Elections before the Supreme Court of Kenya. The matter involved complex constitutional and electoral law issues concerning the conduct, management and integrity of the presidential election, including compliance with the Constitution, the Elections Act and the applicable electoral regulations. The matter culminated in the Supreme Court’s landmark decision annulling the 2017 presidential election and directing that a fresh presidential election be conducted in accordance with the Constitution and the law.
  • Election Petitions: Acted for various parties in complex election petitions and electoral disputes before the Superior Courts of Kenya, including matters before the Supreme Court of Kenya. This covers disputes arising from the conduct and management of elections, electoral processes, nomination disputes, compliance with constitutional and statutory electoral requirements, and challenges to electoral outcomes. I have been involved in matters that have contributed to the development of electoral jurisprudence in areas requires a detailed understanding of the Constitution, the Elections Act and subsidiary electoral legislation, as well as the evolving jurisprudence of the Superior Courts.
  • Tribunal for the Removal of a Judge: Represented a serving Judge of the Environment and Land Court before a Tribunal constituted under Article 168 of the Constitution of Kenya to inquire into allegations concerning the Judge’s conduct and suitability to remain in office. The matter involved complex questions of constitutional and judicial accountability, the applicable standards for the removal of a Judge, judicial independence, professional conduct and the evidentiary threshold applicable in proceedings for removal from office. Following the inquiry, the Tribunal found that the allegations had not been established to the required threshold and unanimously recommended the Judge’s reinstatement to office.
  • Asset Tracing and Recovery Dispute: Acted for a client in a highly contentious asset-tracing and recovery dispute involving proceedings arising from the liquidation of Prudential Building Society. The matter raised complex issues concerning the tracing and recovery of assets, statutory succession and the continuation of proceedings following the transition from the Deposit Protection Fund Board to the Kenya Deposit Insurance Corporation. The proceedings were successfully defended, with the application ultimately struck out and costs awarded to the client.

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INSIGHTS & PUBLICATIONS

Insights by Roger