Corporate and Commercial Expertise Sectors

 

Mergers and Acquisition                                                   

Restructurings                                                                   

Commercial Contracts                                                         

Intellectual Property                                                           

Private Equity                                                                     

Corporate Governance/Company Law Advice

Shareholders Agreements and Joint Ventures

 

Sectors

Healthcare

Media and Telecommunications

Private Equity

Tech and Digital

Sports 

Other Expertise

 

Immigration

Employment

Conveyancing

Corporate and Commercial Expertise

 

Mergers and Acquisitions

 

We offer strategic tailored legal support throughout the entire transaction cycle and to all stages of an M&A transaction.  Our M&A practice is at the heart of our firm and we help clients navigate the time-consuming and complex mergers and acquisitions to achieve their transactional goals.  We endeavor to keep our clients’ key objectives at the heart of the process.

 

We represent both buyers and sellers and we work with clients in the technology, entertainment media, events, healthcare and film. 

 

KEY EXPERIENCE

 

• Represent local entertainment company in the acquisition of a radio frequencies from a local radio station for Kshs. 90 million, including carrying out due diligence, review of Share Purchase Agreement, application to the Competition Authority of Kenya for exemption from Section 42 of the Competition Act and transfer of shares.
• Represented local media company in the acquisition of Film Studios Kenya Limited for Kshs. 160million in carrying out the due diligence process, drafting of the Sale of Shares Agreement and registration the Agreement, application to the Competition Authority of Kenya for exemption from Section 42 of the Competition Act and the eventual transfer of shares and restructuring of the Film Studios of Kenya.
• Represented local events company in the acquisition of a local radio station and the acquisition of radio frequencies for KShs. 300 million, including carrying out the due diligence process, drafting of the Sale of Shares Agreement and registration the Agreement.
• Represented local digital media and entertainment company in the acquisition of a radio station carrying out the due diligence process, drafting of the Sale of Shares Agreement and registration the Agreement, application to the Competition Authority of Kenya for exemption
  • from Section 42 of the Competition Act and the eventual transfer of shares and restructuring of the Film Studios of Kenya.
  
  
  

  Due Diligence

  • Represented StarTimes Media Company (Kenya) Limited in responding to an in depth due diligence in respect of the proposed acquisition of 20% stake of their company for $20 million by a Private Equity firm.
  
  

  Commercial Contracts

  
  

  Our expertise covers the full scope of commercial contracts across different sectors on behalf of a range of clients. We offer legal and sectoral knowledge in a number of sectors such as competition law, intellectual property, telecommunications and digital sectors which allows us to offer commercial advice in context. 

  
  

  We carry out contract reviews regarding key provisions, negotiations of various contracts with a view of protecting our client’s interest and endeavoring to help our clients find practical solutions.  

  
  

  KEY EXPERIENCE

  
  
  • Acted for Alliance for Green Revolution (AGRA) in the drafting of addendums to the Africa Enterprise Challenge Fund, a $250 million challenge fund, Funding Agreements. The process included review of the Funding Agreements across Africa and drafting addendums for each agreement. 
  
  
  • Represented Umati Capital (Kenya) Limited, a local non-bank financial intermediary in securing credit line of KShs. 880 million from ApexPeak including due diligence and negotiation and drafting of agreements.
  
  

  Aviation

  
  

  We assist our clients with transaction and regulatory matters associated with their operations.  We continually study and keep up with developments in the industry and have assisted government entities in reviewing of Aviation Laws in Kenya.  

  
  

  Our advice covers a non-contentipus work including aircraft purchase and leasing and regulation.  We work with clients that include regulators of the industry and small aircraft owners.   

  
  

  KEY EXPERIENCE

  
  
  • Advised Kenya Civil Aviation Authority on various draft legislation in aviation including advise on Attorney Generals format and amended of legislation in accordance with International Civil Aviation Organization (ICAO) Annexes.  Carried out research and reviewed and amended Approved Training Organisations Regulations, Aeronautical Information Services Regulations, Communications Research Regulations, Aeronautical Charts Regulation, Communications Systems Regulations, Construction of Visual and Instrument Regulations, Instruments and Equipment Regulations, Personnel Licensing Regulations, Units of Measurement Regulations and Radio Frequency Spectrum Utilisation Regulations.  
  • Drafting of Purchase and Lease Agreements.
  
  

  Oil and Gas/Energy

  
  

  The energy and natural resources industry is dynamic and global and we work with major natural resource developers, and major energy companies in regulation navigation.  We use our knowledge or local markets to bring practical solutions to our clients. 

  
  

  KEY EXPERIENCE

  
  
  • Acting for British Oil and Gas Company, involved in oil exploration in Kenya in reviewing and advising on various bills including the Natural Resources Bill (Classification of Transactions), Community Land Bill and Turkana County Finance Act among others and advising on land access policies with respect to acquisition of land interests for purposes of feeder pipelines, oil wells, central processing facility etc. and submission of Memorandum to Parliament and presentation to the Senate in relation to recommendations regarding various Oil and Gas bills.
  
  

  Information Technology, Joint Ventures and Shareholder Agreements

  
  

  We advise on a full spectrum of technology matters, and we understand the dynamic, global nature of this fast paced environment.  These include intellectual property, mergers and acquisitions, private equity, outsourcing, software development and licensing. 

  
  

  We have vast experience necessary for structuring, drafting and implementing joint ventures and we understand the legal nuances that can make or breach such arrangements. 

  
  
  • Drafting, review and negotiation of software development agreements, trade mark licence agreements, joint venture agreements, share purchase agreements, finance agreements, investor agreements, loan agreements, and aircraft purchase agreements and various other agreements.
  
  

  Immigration

  
  

  We advise clients on options for non-Kenyan nationals on regulatory compliance and obtaining appropriate permits to live and work in the Republic of Kenya.  We advise clients on applying for appropriate permits including work and investment permits as well as residency permits.

  
  
  • Represented various foreign companies in their application to the department of immigration in obtaining various permits for their foreign employees including work permits, special passes, dependant passes and representation of various individuals in obtaining student passes, business visas and permanent residence.
  
  
  
  
  
  

  Intellectual Property

  
  

  We regularly advise clients in all sectors regarding registration of trade marks at the Kenya Industrial Property Institute and international registrations through the World Intellectual Property Organisations.

  
  
  • Representation of various entities in registration of their intellectual property at the Kenya Industrial Property Institute including registration of trademarks locally and globally through the Madrid System, World Intellectual Property Organisation and registration of copyright at the Kenya Copyright Board.