areas of practice
The Kenya Industrial Property Journal
The Kenya Industrial Property Journal (the Trademarks and Patents Journal - Kenya) where all trademarks and patents are published before registration and grant respectively is now available online on the Kenya Industrial Property website at www.kipi.go.ke, and click here to download the journal.
The New Kenyan Merger Control Laws
The anticipation for up to date antitrust laws in Kenya is over. The recently promulgated Competition Act (the Act) came into effect on 1 August 2011 and replaces the Restrictive Trade Practices Monopolies and Price Control Act (the RTPA). On the whole, it aims to promote and safeguard competition in the national economy, protect consumers from unfair and misleading market conduct and provide for the establishment, powers and functions of the Competition Authority (the Authority) and the Competition Tribunal (the Tribunal). The Authority is the oversight body which is mandated to implement the Act while the Tribunal is the first point of reference for aggrieved persons with competition concerns.
Getting The Deal Through - Mergers and Acquisitions 2011
Mergers and Acquisitions in Kenya.
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Advised Hass Consult on the development of nine exclusive villas and forty residential apartments in Nairobi. Advice was also given on the acquisition of land, joint venture structuring and sale of the residential units.
SOPHIA KAREN LIMITED
Advising Sophia Karen Limited on the development and leasing of an international school in Nairobi to GEMS Education. Advice was given on the acquisition of land, negotiation of the purchase agreement, development agreement and lease to GEMS Education, the various construction contracts and project financing in relation to the land acquisition and construction of the school.
SAFARICOM AND SEVEN SEAS TECHNOLOGIES LIMITED
Drafting and negotiating a co-operation agreement between Safaricom Limited and Seven Seas Technologies Limited for collaboration in the research and development of innovative technology products, including the use of cloud computing.
THE LEWA WILDLIFE CONSERVANCY & THE NATURE CONSERVANCY
Advising The Lewa Wildlife Conservancy and The Nature Conservancy in the acquisition of approx. 28,500 acres of land in Laikipia, Northern Kenya by a third party for the purposes of the permanent preservation and protection of land and wildlife. The transaction involved due diligence, complex corporate and property structuring, developing a tax efficient conservation model compliant with Kenyan law and included drafting and negotiating lease-back agreements, easements, granting of various options, rights and conservation management agreements.
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Company and commercial law
Advising on corporate establishment for private and public companies and for foreign companies registering in Kenya, drafting of Memorandum and Articles of Association, special purpose companies, partnership agreements, statutory compliance, shareholder’s meetings, directors responsibility, franchising, distribution arrangements, drafting all forms of commercial contracts.
Mergers and acquisitions
Negotiation and drafting of legal documentation for company and business asset acquisitions and disposals, transaction advisory and management services, private equity investment, management buy-outs.
Banking, insurance and financial services
Advising on regulatory and licensing requirements and compliance, drafting of standard form documentation, completion of regulatory questionnaires, drafting bank security documents such as debentures, mortgages, charges, registrations and securities.
Legal due diligence and forensic investigations
Legal due diligence for take-overs, mergers and acquisitions, privatizations, joint ventures, data room review and set-up, country surveys, legal research, report preparation and advisory services.
Privatisation transactions
Advising on privatisation law, transaction preparation and execution, advising bidders and investors engaged in acquisition of government-owned assets, advice on public procurement requirements.
Joint ventures and business formation
Advising on joint ventures and on company combinations, drafting shareholders’ agreements, partnership law, concession agreements and consortium agreements.
Corporate re-structuring
Advising on and documenting corporate reorganisations for private and public listed companies.
Insolvency and receivership
Advising on creditors rights, liability issues, powers and duties of receivers and liquidators, drafting legal documentation.
Telecommunications law
Advising on licensing and regulatory issues, drafting and negotiation of technical and specialist industry agreements.
Equity and debt capital markets and securities
Transaction services for equity and debt issues on the Nairobi Stock Exchange, including public offers of securities, secondary offers, structured products such as derivatives issues, trading requirements, continuing listing requirements, advice on secondary listings in other jurisdictions such as Uganda, Tanzania and South Africa.
Conservation and tourism development
Legal advisory services for conservation developments, eco-tourism, hotels, resorts and lodges, including land development, wildlife conservation, human/wildlife issues, community land use and sharing.
Competition law
Legal advice on Kenyan and regional competition law, applications for approvals from relevant authorities, advice on trade practices and consumer protection laws.
Mining and prospecting
Advice on mining legislation and regulation, exploration agreements, licensing, commercial exploitation agreements.
Environmental law
Legislative regulation, environmental pollution and liability, resource conservation, waste management and exploitation.
Regulatory advice in telecommunications, banking, insurance and capital markets
Specific sectoral experience on licensing, legislative developments and compliance including advising on take-overs and mergers of regulated entities such as banks, insurance and telecommunications companies and companies listed on the Nairobi Stock Exchange.
Aviation law and finance
Our aviation and finance team provides a full range of aviation services and has an appreciation and understanding of the aviation industry, based on a proven track record of involvement in major aviation transactions. Our team has experience in all types of aviation-related work, whether in the context of financing aircraft for financiers and airlines, sale and purchase agreements, financial and operating leases, wet and dry leases and structured permanent financing transactions.
Employment law and work benefits
Statutory compliance, drafting of employee agreements, advice on retrenchment and terminations, employee benefits such as share ownership schemes, pension and retirement benefits law.
Taxation
Advice on income taxation on individuals and corporate taxation on business, value added tax, stamp duty.
Real estate development and conveyancing
Project planning, development schemes, land law, letting and leasing, sale and purchase transactions in urban and rural areas, agricultural and coastal developments.
Intellectual property protection
Advice on trade mark protection and intellectual property law, registrations and infringement actions, advice on counterfeiting.
Private client and estate planning
Advising on the law of succession and estate planning, drafting wills, trusts and property disposition, including working with international trust companies, fund managers and tax advisers.
