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Banking Regulatory Environment
Advising the banking and financial sector on the legal regulatory
environment relating to the sector including the Banking Act
(Chapter 488 of the Laws of Kenya), the Central Bank of Kenya Act
(Chapter 491 of the Laws of Kenya), the Microfinance Institutions
Act and the Sacco Act.
We have also been involved in preparation of various forms of security
documents on behalf of these institutions and security documents review
and enforcement.
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Security Documentation
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International Trade Finance
Acting for and advising a local client in a trade finance facility for US $ 65,000,000/=
(US$ 65 Million) on the underlying trade facility agreement; negotiation of the underlying
security documentation; preparing and issuing a Legal Opinion to the lender, a foreign bank.
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Multinational Project Finance (US $ 24 Million)
Acting for the Borrower in an international project Finance agreement with a value of
US $ 24 Million; reviewing and advising on all the loan agreements and security structure
and documentation.
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Corporate, Capital and Legal Restructuring of a Multilateral Trade Institution
Undertook the capital, legal and corporate restructuring of the institution under a project funded by the World Bank through the
International Development Association whereby we undertook the following, in relation to:-
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reviewing and restructuring the capital structure of the institution to US$ 1,000,000,000/= (US$ 1 Billion) in
respect of Members States and other Participating Entities under relevant Treaty and
Articles of Association of Institution;
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reviewing and restructuring the legal structures between the Institution, Member States and the
International Development Association;
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advising on the restructuring of insurance activities which included closure of an insurance facility agreement
and restructuring of the underlying security trust agreements so as to create a new security and leveraged system of
insurance as opposed to a direct insurance;
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Tax Law
We have been involved in handling various tax matters on behalf of our clients including:-
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advising co-operate clients on most tax efficient remuneration structure for their directors, top management and expatriate employees;
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advising clients on tax implications of the transactions they are proposing to enter into;
- Advising clients on tax compliance; and
- drafting, and advising on, tax warranties clauses during share acquisition transactions and share deals; and
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restructuring of co-operate entities to make their operations tax efficient and enable them
to benefit from stamp duty exemption on transfer of property transfer.
We have also successful obtained various tax exemptions and remissions on behalf of our
charitable organizations and corporate clients and including stamp duty and land rates
exemptions.
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Intellectual Property
We have been engaged in the following assignments: -
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advising on the advisability of various trade marks and service marks and undertaking their registration at the Kenya Industrial Property Institute (KIPI);
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advising on the assignment and licensing of intellectual property rights including franchising;
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advising on copyright laws and enforcement of rights thereunder; and
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advising on plant breeders’ rights and developing structures for their exploitation
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Religious Organisations
On behalf of a Religious Organization we have, among other matters, undertaken the following: -
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advising on the set-up of a retirement benefits scheme including drafting a trust deed and advising on the applicable
law including the Retirement Benefits Act, the Retirement Benefits Rules and the Cannon Law;
and
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reviewing an Investment Fund Management Agreement for a transaction involving investment of
funds amounting to K.Shs. 250,000,000/= (K.Shs. 250 Million) in a retirement scheme.
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Co-operative Societies’ Law
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We have facilitated the set-up of Co-operative Societies under the Co-operative Societies Act;
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We have, from time to time, advised on the Co-operative Societies Act and Rules including participating in
dissemination of the Act whenever amendments are introduced and generally in the
interpretation of the law relating to the co-operative movement; and
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We participated in the separation and amalgamation of various co-operative societies
under the Co-operative Societies Act.
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Advised on the set up of various Corporate Social Responsibility (CSR) Trust Foundations
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We have been involved in advising government agencies on Private Public Partnerships (PPPs) and preparation of concessioning agreements between such agencies and private sector players.
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Advising on the Capital Markets regime in Kenya including the Capital Markets Act (Chapter 485 A of the Laws of Kenya) and the Regulations and Guidelines made thereunder;
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Our litigation practice spreads out across the Subordinate Courts, High Court, Tribunals and Court of Appeal. Our Recent experience includes;-
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Banking Fraud litigation.
- Tracing and recovery of fraudulent transfer of property.
- Recoveries on behalf of banking and financial institutions.
- Winding up of companies.
- Land-lord and tenant disputes;
- Prosecuting and defending environmental law disputes at the National Environment Tribunal and the High Court.
- Resolution of co-operative societies’ disputes;
- Labour and employment disputes;
- Prosecuting and defending constitutional references at the High Court;
- Enforcement of human rights;
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