• Mergers & Acquisitions
• Corporate Law & Finance
• Bankruptcy And Insolvency
• Banking Law Taxation

• The firm has vast experience in Banking and Financial in such key aspects such as Negotiations of single-lender as well as syndicated local and international loan arrangements, Loan recoveries and Security Realisations
   
• The firm has special expertise in regulatory matters in the areas of capital markets, insurance, banking, environment, employment, intellectual property, corporate matters and utilities.
   
• We have substantial experience in business restructuring that arises from the continuing social and political changes taking place domestically and internationally.
   
• The Firm has a long standing and prominent practice in corporate law, regulation and financing, its business restructuring experience is primarily in transactions involving mergers and acquisitions requiring regulatory oversight.
   
•  The Firm’s Advocates have expertise in all relevant disciplines needed to represent diverse parties in a business restructuring transaction, whether or not it involves a regulated entity. We have successfully participated in the careful balancing required by such process and take a pro-active approach providing advice and information drawn from the experience and expertise of our advocates to permit the client to evaluate alternative approaches.

• The firm was involved in the corporate restructuring of ALICO (K) Ltd in 2004. The Transaction involved the sale of General Insurance Business to AIG Kenya Limited and the sale of Shares in ALICO (K) Ltd to CFC Group Ltd
   
• Involved in the Restructuring of the KCB Staff Pension Scheme by drafting the relevant scheme documentation and supervised the reconstitution of the investment portfolio as part of the wider scheme to privatize the Kenya Commercial Bank Limited in 2001
   
• We have advised Barclays Bank of Kenya and Standard Chartered Bank (Kenya) Limited on strategies of resolving problems associated with non-performing loan portfolio and recoveries
   
• We conducted due diligence on behalf of Malaysian Telecom on the intended Rights issue by Telecom Kenya Limited.
   
• We were retained by Investments & Mortgages Bank Limited to advice on labour issues arising from the restructuring of the Bank subsequent to the purchase of Biashara Bank Limited in the year 2003
   
• The firm provided legal advice on issues of employment, pension and tax law arising out of retrenchment of managers after the restructuring of Telkom Kenya Limited in August 2004.
   
• Retained by Telkom Kenya Limited to review and advice on the feasibility of contracts for supply and delivery, engineering survey, installation, commissioning and training services for the expansion of Nanyuki Wireless Local Loop (WLL) System in October 2004. The firm reviewed the contracts and provide an opinion on the advisability of Telkom terminating the same and the attendant implications.
   
• We acted for Kenya Airports Authority in a dispute with Kenya Pipeline Company Limited over fuel uplift levy between the years 2002 to 2004. the firm undertook the arbitration, formulation and prosecution of the KAA’s claim. In addition the firm drafted a comprehensive contract for future use by the parties.
   
• We have acted for Kenya Shell Limited in issues relating to the operations of multi national oil companies within the regulatory framework of Kenyan law by providing legal advice on compliance requirements between August and October 2004.
   
• Provided legal advice to Pan African Insurance Limited on the rights issue and the acquisition transaction and preparation of relevant transaction documents.
   
• The Managing Partner was retained as the lead counsel for Kenya pipeline Company Limited in a complaint before the Public Procurement Complaints and Appeals Board. In the brief, he drafted and presented the client’s response to the complaint filed in respect of the security tender issued by the Kenya Pipeline Company Limited in January 2005.
   
• The firm has provided legal advice to Barclays Bank of Kenya on objections to physical development adjacent to the Bank’s directors’ residences. The firm advised on objections to be raised under the Environmental Management and Coordination Act and the Physical Planning Act.
   
• The firm has been the Transaction Advisers to Kenya Electricity Generating Company Limited in a multilateral USD. 40,800.00.00 Loan Transaction from the European Union Bank. The Transaction is ongoing.
   
• We have recently been Purchaser’s Counsel in multi- Asset Acquisition and Takeover of three Kenyan Air Operators on behalf of Aircrafts Contracts Kenya Limited/Aircrafts Contracts South Africa Limited.

Experience by Practice Area:

Banking Law

• We have advised Barclays Bank of Kenya and Standard Chartered Bank (Kenya) Limited on strategies of resolving problems associated with non-performing loan portfolio and recoveries. These retainers which are ongoing usually large loan portfolios running into hundreds of millions of Kenya shillings.
   
• We were retained by Investments & Mortgages Bank Limited to advice on labour issues arising from the restructuring of the Bank subsequent to the purchase of Biashara Bank Limited in the year 2003.
   
• Currently the firm is acting for Barclays Bank of Kenya, Southern Credit Bank Limited, Standard Chartered Bank and National Industrial Credit Bank in a over thirty Security Realisation and Loan Recovery cases pending the Kenyan Courts or before Arbitral Tribunals
   
• The firm continues to provide legal advice to East African Development Bank on how to resolve a complex Commercial Arbitration and litigation valued at about USD 13 million in the Republic of Tanzania. In undertaking the brief, the firm prepares and reviews pleadings, submissions and briefs and also attend to Arbitration and court proceedings on behalf of the bank.
   
• The firm is undertaking the private prosecution of suspects in matters related to internal fraud committed by employees on behalf of Barclays Bank of Kenya. In connection with the brief, the firm provides legal advice on ways of dealing with the massive fraud, and works closely with the
   
• Banking Anti-fraud Unit of the Central Bank of Kenya in the case.

Corporate Restructurings and Privatization of Banks

The Firm has a long standing and prominent practice in corporate law, regulation and financing, its business restructuring experience is primarily in transactions involving mergers and acquisitions requiring regulatory oversight.
 

The Firm’s Advocates have expertise in the relevant disciplines needed to represent diverse parties in a business restructuring transaction, whether or not it involves a regulated entity. We have successfully participated in the careful balancing required by such process and take a pro-active approach providing advice and information drawn from the experience and expertise of our advocates to permit the client to evaluate alternative approaches. More recently:
 

• Involved in the Restructuring of the KCB Staff Pension Scheme by drafting the relevant scheme documentation and supervised the reconstitution of the investment portfolio as part of the wider scheme to privatize the Kenya Commercial Bank Limited in 2001.
   
• The firm was involved in the corporate restructuring of ALICO (K) Ltd in 2004. The Transaction involved the sale of General Insurance Business to AIG Kenya Limited and the sale of Shares in ALICO (K) Ltd to CFC Group Ltd.
   
• We were retained by Investments & Mortgages Bank Limited to advice on labour issues arising from the restructuring of the Bank subsequent to the purchase of Biashara Bank Limited in the year 2003.
   
• The firm provided legal advice on issues of employment, pension and tax law arising out of retrenchment of managers after the restructuring of Telkom Kenya Limited in August 2004.
   
• We provided legal advice to Pan African Insurance Limited on the rights issue and the acquisition transaction and preparation of relevant transaction documents.
   

Financial Markets and Regulation

The firm has developed special expertise in regulatory matters in the areas of capital and Financial markets, insurance, banking, environment, employment, intellectual property, corporate matters and utilities through the active involvement of firm partners in a number of key State and Non-state regulatory and reform initiatives notably:
 

• The Firm’s Managing Partner as Chairman of the Business Laws Committee – (Kenya Law Reform Commission) at which Commission is he is the Vice-Chairman has been leading the Reform Initiative of the Commission in such key aspects as Company Law, Regulation of Financial Institutions, Business Licensing and Deregulation of a number of business activities in the Country.
   
• The Firm’s Managing Partner has been Consultant & Trainer for the Centre for Corporate Governance – a Commonwealth Initiative since 2001 where he regularly conducts Training Sessions on Good Corporate Governance, Regulatory and Compliance requirements for senior management of leading banks including Kenya Commercial Bank, Standard Chartered and recently the Central Bank of Kenya
   
• Our Partners continues to Advise a number of leading banks in Kenya on the legal implications of statutory amendments to the Banking Act and the Central Bank of Kenya Act more specifically Legal Notice No. 33 of 2004.

Transactional Experience

The Firm’s Advocates take pride in the wealth of experience the firm has developed and which needed to represent diverse parties in a Acquisitions, Management and other Divestiture Transactions, whether or not it involves a regulated entity. We have successfully participated in the careful balancing required by such process and take a pro-active approach providing advice and information drawn from the experience and expertise of our advocates to permit the client to evaluate alternative approaches. Recently we:

 

• The firm has been the Transaction Advisers to Kenya Electricity Generating Company Limited in a multilateral Loan Transaction of USD. 40,800,000.00 from the European Union Bank. The Transaction is ongoing
   
• Purchaser’s Counsel in multi- Asset Acquisition and Takeover of three Kenyan Air Operators on behalf of Aircrafts Contracts Kenya Limited/Aircrafts Contracts South Africa Limited
   
• The firm provided legal advice on issues of employment, pension and tax law arising out of retrenchment of managers after the restructuring of Telkom Kenya Limited in August 2004.
   
• Retained by Telkom Kenya Limited to review and advice on the feasibility of contracts for supply and delivery, engineering survey, installation, commissioning and training services for the expansion of Nanyuki Wireless Local Loop (WLL) System in October 2004. The firm reviewed the contracts and provide an opinion on the advisability of Telkom terminating the same and the attendant implications.
   
• We acted for Kenya Airports Authority in a dispute with Kenya Pipeline Company Limited over fuel uplift levy between the years 2002 to 2004. the firm undertook the arbitration, formulation and prosecution of the KAA’s claim. In addition the firm drafted a comprehensive contract for future use by the parties.
   
• We have acted for Kenya Shell Limited in issues relating to the operations of multi national oil
   
• companies within the regulatory framework of Kenyan law by providing legal advice on compliance requirements between August and October 2004.
   
• Provided legal advice to Pan African Insurance Limited on the rights issue and the acquisition transaction and preparation of relevant transaction documents.