Joy Mwaniki is a Partner at SMC and the Head of Litigation.

Joyce Mwaniki undertook her article of pupillage at Ndeda & Company Advocates in 2014, having interned at both Mirigu Kariuki & Company Advocates and L.W. Wang’ombe & Company Advocates during her undergrad. Joyce’s key passion has been litigation practice though she has vast experience in commercial transactions as well. This helps her bring a business-minded approach to her litigation practice area.

From 2015 to 2017, she held an associate position at the Firm of Kairu & McCourt where she gained a deep appreciation of insurance litigation. The Firm specialized, among others, in defense, negotiation and settlement of insurance claims. Joy credits the period as formative in developing her critical analysis and pre-litigation strategy techniques. According to Joy, “a case is won before a suit is filed in court with strong drafting of court pleadings and having a sound litigation strategy from the outset. Never file a suit until it is done on paper.” Joy has also worked at the firm Ndegwa Wahome & Company Advocates and she counts Hon. James Ndegwa Wahome of Nyandarua County as her mentor.

In 2011, Joy had already obtained certification as a Certified Public Secretary and went on to graduate from the University of Nairobi in 2012 with a Bachelor of Law (Second Class Upper Honours), later she earned a Diploma in Law from the Kenya School of Law in 2013.

Joy is a community enthusiast and along with her other charitable initiatives sits on the Board of Governors of Nyandarua’s Tumaini Secondary School in her home town.

Dip. In Law, Kenya School of Law

LLB, Bachelor of Law university of Nairobi

Certified Public Secretary – CPS (K)

Member of the The Law Society of Kenya

Member of the The Kenya Chartered Institute of  Public Secretaries of Kenya (ICPSK)

Land Disputes and Real Estate Litigation

• Acting for a client with respect diverse land matters such as:
• • landlord & tenant disputes which include issues on property repairs, lawful termination and forfeiture of lease
  • boundary disputes
  • nuisance
  • rights of way, easements and access
  • rent & service charge disputes – assisting in obtaining rent arrears from a commercial tenant
  • recovery of land/premises from unlawful occupiers or squatters
  • disputes revolving around customary trusts
  • Trespass and adverse possession claims
  • Development permission and planning disputes
• Successfully acting for clients in matters revolving around fraudulent sales and purchases of real estate to effect the fraudulent transactions were reversed and client put right in terms of monetary compensation.
•  Successfully challenging real estate claims by parties in a probate matter wherein the client was rightfully awarded title to the subject property.

Insurance Litigation

• representing an insurer in litigation and claims involving policies of all kinds, from insurance coverage disputes and litigation to policy review and analysis, coverage interpretation and risk management counsel.
• guiding clients through risk management analyses, including best practices and compliance reviews.

Debt Recovery Litigation

• Assisting clients in:
  • providing advice on the debt collection process;
  • ascertaining the correct legal identity of the debtor in proceedings;
  • reviewing and providing advice on debt claims;
  • writing formal letters of demand to debtors;
  • negotiating payment plans or settlements with the debtors;
  • preparing court documents to provide strong foundation for claim; and
  • enforcing the judgments against debtors.
• Successfully acting for a company in a corporate debt claim.
• Successfully acting for lenders in securitized debt transactions and advising on proper notice procedures under the Land Act, 2012, guiding lenders through proper auction procedures and statutory sales.