Lawyer Tom Maina Macharia is one man who has earned the credit for co-leading the technical team of experts that is working behind the scenes to midwife the proposed First Amendment to the Constitution of Kenya 2020 (BBI Bill). But besides being guaranteed immortality by his expert input on BBI, Lawyer Macharia is ranked as one of the top dispute resolution lawyers in Kenya.
Chambers & Partners, one of the world leading legal directories, has recognized Lawyer Tom Macharia as one of the leading dispute resolution lawyers in Kenya based on interviews by clients and peers. Macharia is ranked alongside fellow crème de la crème of the legal profession including Prof Githu Muigai, Fred Ngatia, Fred Ojiambo, George Oraro, James Oduol and Pheroze Nowrojee among others.
According to Chambers Global Guide 2021 Edition: "Tom Maina Macharia has a deep background in administrative and constitutional dispute resolution, as well as commercial litigation. A peer said: "I found him to be a very deliberate litigator who could distil issues very quickly for determination by the court." Macharia has also been described by clients as "greatly dependable" and "excellent at what he does."
As proof that he deserves the accolades, Lawyer Tom Macharia is not only the Head of Litigation Dispute Resolution Practice at Mbugwa, Atudo and Macharia (MAM) Advocates where he has been a partner for two decades, he was part of the team that represented H.E. President Uhuru Kenyatta in the 2013 and 2017 Presidential Election Petitions at the Supreme Court of Kenya.
Macharia's experience in dispute resolution spans over 25 years of significant engagement in complex dispute resolution on behalf of national, regional and international clients. In that time, Macharia has handle numerous cases of jurisprudential value in Kenya and acted for clients in all higher courts in Kenya including the Supreme Court of Kenya, the Court of Appeal, the High Court, the Employment and Labour Relations Court and the Environment and Land Court.
As a qualified Arbitrator and Mediator, Macharia has been actively involved in Alternative Dispute Resolution. In addition, he has represented clients before Quasi-Judicial bodies, including but not limited to the Tax Appeals Tribunal, the Public Procurement Administrative Review Board, the Energy tribunal, the Water Appeals Board, the Business Rent Tribunal, the Cooperatives Tribunal and the Advocates Disciplinary Tribunal.
Macharia has acted in several precedent setting cases including representing Law Society of Kenya (LSK) in a petition to quash the circular from the Attorney General requiring all Government Entities to acquire approval to engage external legal services. He also acted for a client in Samura Engineering Limited & 10 others vs Kenya revenue Authority where Article 31 of the Constitution on the right to privacy vis-a-vis the statutory duty of the Kenya Revenue Authority to demand taxes was upheld.
In terms of handling high value and complex matters, Macharia represented a leading hospitality group to successfully challenge the power of the Registrar of titles to revoke land title of a leading hotel in Nairobi valued at approximately US$ 19, 500,000/=. He defended a public corporation in a contractual dispute where the plaintiff was claiming a sum of US$ 10, 588,235/=. He has also represented and advised a client in the agriculture sector in successfully settling a dispute where the tax authorities initially demanded a sum of US$ 10,344,827/=.
Macharia has also successfully defended clients in the public sector including acting for the clerk of the National Assembly in a dispute regarding election of members of the East Africa Legislative Assembly. He also successfully represented the Central Bank of Kenya in a dispute over legal fees of Kshs. 141 Million awarded by the Deputy Registrar of the High Court.
Beyond dispute resolution, Macharia has in the recent days been actively involved in the review of various legislations which culminated in his appointment by H.E. President Uhuru Kenyatta to lead the BBI Constitutional Bill Drafting Team. Macharia has also been involved in the review of other legislation including the Coffee Act, the Dairy Industry Bill, 2007, and the Nuts Crops Council Bill, 2007.
Macharia has been appointed to various State and Parastatal Boards to offer legal expertise. Previously, he was Director of National Oil Company of Kenya (NOCK) and Joint Secretary of the Bodaboda Taskforce. Currently, he is serving as a member of the State Corporations Advisory Committee (SCAC). He has also been involved in paper presentations for the Law Society of Kenya's Continuous Legal Education Programme (CLE).
Macharia is a graduate of University of Nairobi and holds a Postgraduate Diploma in Legal Practice from Kenya School of Law. He is an Advocate of High Court of Kenya, Member of Chartered Institute of Arbitrators (MCIArb), Certified Public Secretary (CPS), Commissioner for Oaths and Notary Public. The question that begs is: Now that Lawyer Tom Main Macharia has scaled every eight in the legal profession, what is the next challenge for him? It seems Only time will tell!