ABOUT KENNETH
Known for his clarity of expression and strong communication skills—sharpened through years of success in debates and moots—KENNETH began his legal journey at one of Malaysia’s oldest and most established firms, Messrs Chooi & Co. He later joined Messrs Nadzarin Kuok Puthucheary & Tan as a Partner before co-founding XK Law.
Driven by a strong sense of justice and a passion for advocacy, Kenneth began his career in litigation and has remained steadfast in this path. Over the years, he has also acquired substantial experience in corporate drafting and conveyancing. His core practice areas include Corporate and Commercial Litigation, General Civil Litigation, Industrial Relations, Land Law, Tort, Public Interest Litigation, and Arbitration.
Kenneth has represented clients at all levels of the Malaysian judiciary—from subordinate courts to the Court of Appeal and Federal Court—and has conducted both trials and appellate hearings. His arbitration experience spans both Malaysia and Singapore, under rules including AIAC, SIAC, and UNCITRAL.
Beyond the courtroom, Kenneth advises on a wide range of legal matters, including corporate law, wealth management, and succession planning—particularly wills and trusts.
A defining moment in Kenneth’s early career was his involvement in a landmark public interest case representing the Orang Asli community in an action against their former lawyers, who had also acted as trustees of the Orang Asli Trust. The case, which remains one of the most significant in his career, underscores his deep commitment to justice and continues to inspire his work, including corporate social responsibility efforts at XK Law.
In addition to his legal practice, Kenneth is a sought-after speaker and trainer, regularly invited to share insights on litigation, advocacy, and legal ethics.
EDUCATION & QUALIFICATION
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- Advocate and Solicitor of the High Court of Malaya
- Barrister-at-Law, Inner Temple
- Bar Professional Training Course
- LLB (Hons), University of London
- Speaker at the Legal Aid Awareness Programme at the KL Bar Legal Aid Centre
- Certified Human Resource Development Corporation (HRDC) Trainer
AREAS OF PRACTICE
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- Arbitration & Alternative Dispute Resolution
- Banking Law
– Contractual law
– Insolvency / Restructuring strategies
– Enforcement of contracts
– Insolvency / bankruptcy - General litigation
- Contract law
- Constitution law
- Construction law
- Conveyancing & Real Estate
- Corporate & Commercial law
- Employment law / Industrial Relations
- Insurance law
- Land law
– Tenancy & Landlord disputes
– Entry & removal of caveats - Private Wealth & Trusts
- Public interest litigation
- Tort law
– Negligence
– Defamation / Slander - Wills, Probate & Administration
SIGNIFICANT PIECES OF WORK
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1. Trust Law – Breach of Trust
Was part of a team that advised and represented a group of Orang Asli who were beneficiaries of a trust set up pursuant to payment of compensation by the state government following the government’s acquisition of their ancestral land. The Orang Asli then sued the trustees for breach of trust as they had misused the trust monies for their own benefit. Trial of this case lasted 68 days over 8 years and involved 70 witnesses, and the High Court found in favour of the Orang Asli, which judgment was appealed up to the Federal Court and was upheld. The enforcement of the judgment is currently ongoing to date.
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2. Anton Piller Order Raid
Member of a team of supervising solicitors engaged to supervise the enforcement of a High Court issued Anton Piller Order compelling the production of documentary evidence found in 6 separate target business premises. The raid was conducted simultaneously to preserve the element of surprise. The execution of the Anton Piller Order was successfully carried out despite some resistance by the defendants. Supervising Solicitors Reports were prepared and filed in the High Court. Based on this report, several defendants were cited for contempt of Court for failing to properly comply with the Anton Piller Order at the time it was executed at the business premise.
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3. Public Interest Litigation – Trespass & Damage to Property
Represented some of the defendants in a suit brought by the Government of Malaysia for trespass and damage to property during the BERSIH rally in 2013 and 2014. The case was successfully litigated at the High Court and upheld by the Court of Appeal.
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4. Aviation Law – Judicial Review
Successfully represented the Malaysian aviation authority in judicial review proceedings brought by an airline for the revocation of its license.
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5. Sale of Goods and Consumer Protection Law – Breach of Statutory Duty and Implied Terms of Contract
Successfully defended several major automotive companies in suits brought by disgruntled customers alleging that the motor vehicles they purchased were not fit for purpose or of merchantable quality.
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6. Contract Law – Breach of Contract
Having been left an inheritance by her late mother, the litigant engaged the defendant who promised to expedite the distribution of assets to her, since the executors of the will were uncooperative. However, the defendant did not perform his obligations as he was supposed to, and when the litigant terminated the engagement, the defendant claimed the sum promised to him under the contract in the event of termination by the litigant. The litigant sued the defendant for monies already paid to him, and the defendant counterclaimed for the amount to be paid by the litigant should the engagement be terminated. The Sessions Court dismissed the litigant’s claim and allowed the defendant’s counterclaim, which was upheld by the High Court on appeal. NKPT took over the matter at the Court of Appeal stage which overturned and reversed the High Court’s decision, holding that the clause in the contract to be a penalty clause.
AWARDS / NOTABLE MENTIONS
Contributed to the drafting of the White Book – Practitioner’s Guide. 2Committee Member of the Malaysian Inner Temple Alumni Association (‘MITAA’) (2018 -2019)
Was involved in planning and execution of events organized by MITAA. MITAA organises events for its members and the Inner Temple alumni in Malaysia, providing a platform for them to network and to be updated with the Inner Temple in London.