Legal Research & Consultancy
The ever changing nature of our social and economic environment means
that existing laws, business practices and relationships must adapt, and in
some cases new laws must be mooted to address existing gaps. We offer
general legal research, advisory and consultancy services in existing and
emerging areas of law to give our clients the comfort of statutory compliance
as well as insights into the opportunities presented by new laws.
Commercial Law
We have extensive knowledge and experience in diverse aspects of
commercial law practice including negotiating, drafting and reviewing of all
types of commercial contracts and term sheets relating to; confidentiality
and non disclosure, licenses and concessions, outsourcing, agency,
franchising and distribution, leasing and factoring, sale of goods & services,
manufacturing, technology licensing, hire-purchase, agreements for the
carriage of goods by air, sea & road, construction & infrastructure,
maintenance & support, Asset acquisitions and disposals, joint ventures,
commercial mineral exploration, exploitation, benefit sharing and
investment agreements, letter of credit, commodity disputes, bilateral and
multi-lateral procedures. Our team is uniquely qualified to negotiate and
prepare highly specialized contractual documents.
Securities & Capital Markets
Our securities and capital markets practice advises both issuers and
underwriters on public and private securities offerings. Our team is
comfortable and conversant with advising clients on transactions such as
rights offers, private placements and share dealings, initial public offerings
(IPOs), secondary public offerings, bond issues, corporate and securities
regulatory issues, transactional structuring and compliance with Capital
Markets legislation.
Employment & Labour Law
We have extensive knowledge and experience regarding diverse aspects of
employment & labour law including; the preparation of executive service agreements, employment contracts, letters of appointment, transfer or reassignment letters, advisory opinions on employment issues including
terminations & redundancies, tax & benefits laws applicable to Kenya,
employee share ownership schemes, employee issues upon transfer of
businesses, preparation of Human resource policies and manuals, trainings
on employee and employer rights and obligations, compliance audits (to
ensure compliance with all employment laws) etc. as well as providing
specialist support in areas such as pensions and employee benefits.
Banking & Finance
Banking & Financial services is a diverse and challenging area and our
clients' needs are dynamic depending on circumstances. We advise on all
aspects of commercial banking and the lending business including; licensing
and regulatory compliance requirements, drafting & registration of bank
security documentation including charges and variations of charge,
agreements to charge & memoranda to charge by deposit of titles,
mortgages, debentures, chattel mortgages, deeds of guarantees &
indemnity, letters of hypothecation, pledge and set off, and discharges. Our
firm also collaborates extensively with international finance experts in the creation, structuring and development of sophisticated financing
arrangements. To that end, we offer lenders, financiers, issuers, and
borrowers specialist support on a variety of financing transactions including
secured and unsecured loans, syndicated facilities, trade and export
finance, structured, asset and acquisition finance, project and infrastructure
finance, construction finance, lease financing, hire-purchase, venture
capital acquisition, debt & equity securities, insolvency, debt purchase and
debt recovery.
Corporate Restructuring
We recognize and appreciate the need for companies to restructure,
whenever need arises, in line with new statutory, policy or business
requirements. Our team is conversant with, and comfortable, advising
clients on, the legal and regulatory aspects of corporate restructuring,
including Company re-organization, privatizations, mergers and
acquisitions, Company buy outs, management buy-outs, joint ventures,
obtaining of clearances, regulatory approvals and authorizations for
structuring joint ventures, acquisitions and other industry arrangements to
ensure compliance with Kenya's competition legislation. We work on transactions from inception through deal structuring, letters of
intent, due diligence, legal and regulatory requirements, contractual
negotiations, disclosures and closings. We also assist clients prepare and
make submissions to, and engage on policy issues with, government and
sector-specific regulators. Additionally, our firm collaborates extensively
with international corporate restructuring experts in the creation,
structuring and development of sophisticated corporate structures.
Regulatory & Compliance
We have extensive knowledge and experience regarding diverse aspects of
regulatory & statutory compliance including incorporation/establishment,
licensing, and reporting. We advise our clients on the establishment and
licensing of various legal entities including companies, sole proprietorships,
partnerships, societies, non-governmental organizations, pensions,
provident funds and trusts.
We also provide specialist support in areas such as due diligence and legal
audit to help our clients gauge their compliance with relevant statutory,
regulatory and policy requirements affecting their businesses or operations.
This will entail checklist preparation, data room set-up, documentation
gathering, on-site or remote access review of materials, searches and report
writing. Our reports synthesize the information available and advise on the
legal implications of our findings. We discuss the findings with our clients
and, where required, take follow-up measures.
Alternative Dispute Resolution
Our team of lawyers has undergone extensive training in Alternative
Dispute Resolution and are comfortable and conversant with, advising
clients on and/or offering them settlement solutions through Negotiation,
Conciliation, Arbitration and Mediation outside the court system.
Intellectual Property Law
We advise our clients on all aspects of intellectual property law including;
appropriate policies, legal framework and novel tactics to counter piracy
and counterfeiting, the registration, recordal, assignment and renewal of
trademarks and patents in Kenya, trademark infringement, passing off and
opposition proceedings, music royalties and publishing agreements,
copyright opinions, the registration of user agreements for trademarks,licensing and franchise agreements, registration of industrial designs,
copyright and plant breeders' rights including applications for grant of such
rights, negotiation and drafting of information technology agreements,
assignment of intellectual property agreements, trade secrets and breach of
confidential information, passing-off and unlawful competition.
We also co-ordinate registrations, assignments and renewal of trademarks
outside Kenya, the payment of annual maintenance fees on behalf of clients
and liaise with the Kenya Industrial Property Office to facilitate speedy
processing of clients' applications.
Conveyancing & Perfection of Securities
Our property law and conveyancing practice covers all aspects of land law
and property transactions in Kenya including; the preparation and
registration of Property Sale agreements, Transfers, Leases (of land and
buildings, for residential, commercial, agricultural or other purposes),
Change of user for land, Caveats, Cautions and Easements; the Sub-division
and amalgamation of land; the Extension of government leases; the
Registration of Trusts relating to land.
Our team is also conversant with and comfortable advising our clients(both
individual and commercial) on the acquisition, planning, environmental
impact assessment, development, management and disposal of property,
facilities and utilities. We are also actively involved in creating and
structuring complex development projects under various legal regimes
including the Sectional Properties Act.
We also undertake the perfection of bank security documentation including
Charges and variations of charge, Mortgages, Debentures, Chattel
Mortgages, Deeds of Guarantees & Indemnity, Letters of Hypothecation,
Pledge and Set Off, and Discharges.
Tax Law
We have extensive knowledge and experience in diverse aspects of tax law. Our tax practice entails advising clients on tax compliance, due diligence and planning. Our tax planning and compliance services are designed to facilitate tax efficient and optimal business operations. We also advise on diverse aspects of revenue statutes, including, double taxation treaties, transfer pricing, recovery of tax, value added tax, withholding, corporate & income tax, as well as the East African Community Customs Management Act.
Company Secretarial Services
The range of Company Secretarial Services we offer our clients include; attending company meetings and recording proper minutes, filing statutory returns and updating members registers at the Company Registry in a timely manner.
We also maintain and ensure the security of company's statutory books, records and documents including; registers for directors & secretaries, shareholders & their shareholding, charges on the company's assets, debenture holders, minutes of the company's shareholder and board meetings, certificates of incorporation, memoranda and articles of association, share certificates and stock transfers (if any), company seals etc. We advise on corporate governance including drafting and reviewing of policies such as board and board committee charters,
procurement & HR manuals, and compliance with memoranda and articles of association and the Companies Act. Our law firm is agreeable to annual retainer agreements for purposes of company secretarial work.
Probate & Administration
Our practice in this area focuses on helping our clients in the drafting of wills, trusts and advising on lifetime property disposition, the succession and administration of estates, advising on the laws of succession and estate planning, advising on wealth management, including working with fund managers and tax advisers.
Energy & Natural Resources Law
Our firm offers advise on all facets of the energy industry including Oil concessions and divestments, oil field development, oil production, oil trading, oil transportation, mineral concessions, mine operations, construction of independent power plants, exploration, field development, production, trading, transportation and downstream operations, compliance with government regulations and restrictions. Our team also advises on financing in the Energy Sector including loan facilities for electricity plant construction, field developments, gas infrastructure projects and refineries.
Additionally, our firm collaborates extensively with mining and energy law experts who are experienced in negotiating and drafting commercial mineral exploration, exploitation, benefit sharing and investment agreements, production sharing contract's, joint (venture) operating agreements, concession agreements, farmout agreements, service agreements, fabrication contracts, off take agreements, licensing and crude oil purchase, power purchase agreements, mine operating agreements and petroleum purchase contracts.
