A public body or state organ is not required to have a title for the land it was using or occupying to prove ownership of the same – KALRO v. County Government of Kitui (2019)eKLR available at
OCHIENG OCHIENG ADVOCATES represented the Petitioner





The incidental inclusion of an artistic work in a film or broadcast is not an infringment of a copyright, confirms the Kenya Court of Appeal. The Court explains that ‘incidental’ inclusion means ‘casual, inessential, surbordinate or merely forming a background. In considering this defence, the intention of the defendant in using the copyrighted work is irrelevant. Such incidental inclusion is mere fair dealing that is not actionable. See Nairobi Map Services Limited v. Airtel Networking Kenya Limited & 2 Others (2019) eKLR

Our Practice Areas


We offer litigation services before Magistrates’ Courts, the High Court, the Court of Appeal, the Supreme Court and the East African Court of Justice. We also provide legal representation in arbitration and mediation. In essence, we handle all aspects of criminal and civil litigations, whether contentious or non-contentions, including labour law disputes.

Conveyancing and Property Law

We deal with real property transactions involving sales, purchases, transfers, leases, mortgages and charges including due diligence and advice. We also offer property management services by overseeing rental payments and drawing tenancy agreements



Ochieng Ochieng Advocates is a medium sized firm of Advocates. It is a partnership of Mr. Benson Owuor Ochieng and Mr. Lucas Ochieng Wauna Oluoch, both advocates of the High Court of Kenya with over 15 years experience, having been admitted to the bar in December, 1998.

The Partners have the following qualifications:


Bachelor of Laws – LL.B (2nd Class Honours, Upper Division), University of Nairobi (UoN), 1997; Post-graduate Diploma in Law – Kenya School of Law (KSL), 1998; Master of Laws (LL.M), University of Nairobi (UoN), Doctor of Philosophy in Law – Ph.D Candidate, Ghent University (Belgium) & University of Nairobi; Lecturer in Law at University of Nairobi; Commissioner for Oaths.


Bachelor of Laws – LL.B (2nd Class Honours, Upper Division), University of Nairobi (UoN), 1997; Post-graduate Diploma in Law – Kenya School of Law (KSL), 1998; Master of Laws – LL.M, (Bremen-Germany), 2001; Lecturer in Law at Jomo Kenyatta University of Agriculture & Technology (JKUAT); Commissioner for Oaths; Certified Public Secretary-Kenya and Notary Public.

In addition, the firm has three Associate Advocates and six other employees comprising two legal clerks, a process server, office administrator and two secretaries.

The firm continues to entrench its good reputation in provision of legal services to clients. The clientele include a number of blue chip companies, Small and Micro Enterprises (SMEs), insurance companies, banking and financial institutions, non-governmental organizations, governments, state corporations and individuals. We take pride in understanding our clients’ needs and work relentlessly to ensure delivery of quality, innovative, sound and legal solutions.