Corporate, Commercial & Company We act as corporate advisers to a large number of businesses and corporations, both Kenyan and international. In this capacity, we are called upon to advise on a wide range of matters which affect our clients' day-to-day business. These are as varied as incorporation and start-up, corporate and management structures and shareholding, employment law, licensing and regulatory, financing issues, environmental compliance matters and sales and acquisitions.
Our clients represent a broad spectrum of business and industry. They include banks, financial institutions, insurance companies and brokers, hoteliers, venture capitalists, communications providers, mobile telephone operators, horticultural farms, airlines, pharmaceutical companies, manufacturers and oil companies.
Banking As counsel to a number of commercial banks in Kenya, we advise on various aspects relating to their day-to-day activities. This requires us not only to be up-to-date with banking legislation and prudential regulations but also to be pro-active in a dynamic and evolving sector. We have also advised the sector, through its representative association, on various matters.
Corporate Lending & Borrowing; Securitisation In addition to acting for a number of our commercial client banks in their various lending activities - in which capacity we prepare all relevant loan and security documentation - we have acted in various corporate and project finance transactions and syndications. We have acted for development finance institutions in a number of project finance deals in Kenya where, in addition to preparing and negotiating loan and security documentation, we have been required to harmonise securities so as to take into account multi-jurisdictional conflicts.
From time to time, we find ourselves at the other end of such transactions where we act for the borrower in the negotiations of the various relevant elements.
Our work for banks, financial institutions and mortgage finance companies has extended to the preparation of standard/template in-house documents ranging from account-opening forms to facility letters. Lenders have also required us to tailor standard documents to specific housing schemes and other residential and commercial developments.
More recently, we have advised on the securitization of non- performing loans of financial institutions in Kenya.
Capital Markets A vibrant capital markets sector and a well-run regulator have seen a number of Kenyan companies turn to capital markets as an alternative source of capital. Our wide corporate client base has called on us to advise on rights issues as well as a number of note and bond programs and on the preparation and approval process of the various instruments required in an issue.
M&A We have advised on a number of M&A transactions, both as counsel to the vendor and as counsel to the purchaser. In the latter function, we have the capacity to undertake pre-bid and pre and post acquisition due diligence exercises where we merge our expertise on all matters of applicable and relevant legislation and regulatory requirements.
We have acted in M&A transactions across a number of sectors as diverse as aviation, horticulture, pharmaceuticals and edible oils. We have also acted in most of the recent M&A's involving banks and financial institutions in Kenya.
Our M&A work also extends to advising on joint ventures, partnerships and equity participations, again within a wide range of business sectors.
Property Law and Conveyancing In addition to acting for client banks and financial institutions in securities over real property, we act for real estate developers with projects from inception to ultimate sale to third parties. Our work has been in diverse areas and includes the development of residential estates and flats and apartments as well as industrial estates and business parks.
More generally, we act in property sales and purchases, both for our corporate and our private clients as well as in matters affecting landlord and tenant. In this capacity, we have acting for landlords in preparing leases over commercial, residential and agricultural premises, as well as for prospective tenants in negotiations.
Civil Litigation A number of our partners are dedicated to running the litigation side of our practice which includes acting on a wide range of commercial and civil litigation matters. We have acted for banks and financial institutions, principally on matters arising from corporate and debt recovery; as well as for a number of insurance companies and brokers in defending or prosecuting claims ranging from running down matters to more complex property loss and damage claims.
In addition, we have acted in defamation matters, property and estate disputes as well as on more general contractual claims which have seen us make representations before the Comesa Court of Justice in Lusaka, Zambia.
Corporate Recovery & Insolvency This is an area of practice which allows us to pool the resources of the firm in the various sectors in which we practice. We have acted for our client banks and receivers not only in the realization of security, but also in examining and putting together viable pre-receivership alternatives. We have also acted in a number of receivership sales.
Regulatory Our partners and associates have participated in a number of consortia retained to examine legislative and regulatory reform in various sectors. Again, these see us pool together our work in the various fields in which we practice. Our input has included contributions to land and water sector reform.
Intellectual Property We act for our corporate clients in registering trade marks in Kenya. In addition, the growth of the horticulture sector in Kenya has seen us act for a number of plant breeders in the registration of plant breeders rights and in certain cases, in acting for such breeders in the preservation and protection of their rights.