Specific assignments by Partners

  • 2013- 2014 Second review of the African Peer Review Mechanism (APRM) in Kenya
  • 2013- to date training of Kenya Police Service Officers on Anti Money Laundering and Counter Terrorist Financing Law for the Central Bank of Kenya which runs the Kenya School of Monetary Studies
  • 2008-2010 World Bank, Subnational Competitiveness Study of Local Governments
    • Subnational competitiveness study of 10 local governments (Thika, Nyeri, Kisumu, Malaba, Mombasa, Eldoret, Isiolo, Garissa, Mombasa and Kilifi) in Kenya measured on 4 Doing Business Indicators (Starting a Business, Enforcing Contracts, Registering Property and Construction Permits).  The aim of the project is to enhance competition among the local governments in Kenya in attraction of local and foreign investment.
  • World Bank, Regulatory Reforms Project, Ministry of Finance and Ministry of Trade & Industry (The Working Committee on Regulatory Reforms for Business Activity in Kenya, Guillotine Regulatory Reforms, 2005 and 2006).  Ben Musau is the leading Private Sector Development Legal Expert for this assignment:
    • In the Regulatory Reforms Project the firm was involved in reviewing all the laws of Kenya i.e. the substantive acts of parliament as well as the rules and regulations made by Government ministries and regulatory agencies leading to the first ever listing of 1,325 business licenses in Kenya
    • The firm worked closely with local governments in Kenya to review and reform local government licenses
    • The firm reviewed all the licenses and subjected each of them to the tests of legality, necessity and business-friendliness.  This assisted the Committee to make decisions on which licenses to eliminate, simplify or retain
    • The firm was also involved in advising on the establishment of an electronic database of licenses in Kenya.  This involved working with NRD consultants and advising them on matters of Kenya law and how they impacted on the proposed registry
    • The setting up of a quality review unit to vet future regulations impacting on business as well as business licenses to ensure that such are in consonance with internationally accepted practices and standards
    • All the members of the firm have been exposed and have provided input on the proposed regulatory reform strategy for Kenya
    • The firm’s lawyers have gone through the laws of Kenya and compared them with the Committee’s decisions to establish the mechanisms for implementation of the decision memos and this facilitated the production of legal texts to carry on the reform efforts
  • World Bank, Doing Business Project from inception to date.  The firm has expertise and has worked with the Doing Business Team in the World Bank on all the 10 DB indicators from time to time.
  • Foreign Investment Advisory Service of the World Bank Group (consultancy):
    • Kenya: Improvement of Kenya’s Doing Business Indicators, 2007 (specifically starting a business, paying taxes, trading across borders and dealing with licenses)
    • Sudan: Investment Climate Action Program, 2007
    • Madagascar: Business Licensing Reforms, 2007
    • Bangladesh: IFC BICF funded Regulatory Reforms Project, 2007
    • Kenya: Inspections and Enforcement profile, 2008
    • Kenya: Lead policy advocacy and advisory consultancy on the Kenya Business Licensing Reform Project, 2008
    • Kenya: Measuring and Evaluation of the Kenya Business Licensing Project (technical assistance and expertise to Jacobs & Associates), 2008
  • Kenya Association of Manufacturers, 2008 Licensing Reform Appraisal Project
  • Government of the United Republic of Tanzania, September 9-10, 2007 Facilitation of a workshop to draft Business Licensing Reform policy
  • Government of the United Republic of Tanzania, 2008 Regulatory Reforms Strategy
  • Heifer Project International, Devising Legal Structure for Dairy Plants and their Holding Companies and implementing it (Siongiroi Dairy Plant Ltd, Kipkelion Dairy Ltd, Tanykina Dairy Plant Ltd, Ol Kalou Dairy Ltd, Kipkelion Holdings Ltd, Siongiroi Dairy Farmers Cooperative Society Ltd, Kipkaren Holdings Ltd, Tambochi Malugei AI Services and Ol Kalou Holdings Ltd), 2010
  • Heifer Project International, Advising and implementing the divestiture program from investment in the dairy plant and loan security scheme by debentures over the Dairy Plant Companies, 2011 to 2012
  • Heifer Project International, Advising and implementing change of name, increase in capital and shareholding structure in Tanykina Dairy Plant Ltd, 2011
  • Nairobi Bottlers Ltd, advising and implementing security on advances to distributor accounts, legal charges over immoveable property, etc. 2003 to date
  • Kenya Commercial Bank Ltd, advising on various lending transactions to customers and securities over moveable and immoveable properties e.g. legal charges, mortgages and debentures, 1999 to date
  • Adam Smith International Africa Ltd – advising on and implementing the debt equity conversion amounting to some Shs.250,000,000, including savings on stamp duty by the creation of a share premium account in the company books, 2013
  • AITEC Conferences Ltd, establishment in Kenya as a foreign company under Part X of the Companies Act, compliance with the Kenya Citizenship and Immigration Act
  • American Chamber of Commerce of Kenya – corporate secretarial compliance and exemption from using the word “limited” as a company limited by guarantee, 2003 to date
  • UNCTAD and the International Chamber of Commerce, 2004 Investment Guide to Kenya
  • Power investment by Westmont Power (K) Ltd – sea barge
  • Kipevu Diesel Power Plant advisory role to Mitsubishi Corporation
  • Ol Karia I and Okaria II power projects advisory role to Mitsubishi Corporation
  • Litigation on commercial and corporate matters including the Kenya Meat Commission challenge of the appointment of receivers by the National Bank of Kenya Ltd, Kenya Commercial Bank Ltd’s exercise of statutory powers of sale & its corporate & commercial litigation profile, among many others.
  • Legal Specialist services, DFID-funded GoK’s Bank Strategy Reform Team, 2003
  • Consultancy, Kenya Bankers Association Bank Sector Study, 2003
  • Drafting of the Kenya Investment Authority Bill for the Investment Promotion Centre
  • Drafting of the Dairy Industry Bill
  • Consultancy, Kenya Tea Development Agency Ltd’s Fraternity Project, 2003
  • Advisory to French firm on water and sanitation in Nairobi in preparation for privatisation of the water services of the Nairobi City Council
  • Consultancy for setting up Documentation and Securities Unit for Barclays Bank of Kenya
  • Standard form documents and training staff on letters of guarantee & indemnity, letters of offer of loans and overdraft facilities, counter-indemnities, letters of set-off, letters of liens, chattels mortgages, debentures, charges, mortgages, hire purchase agreements, charges over funds, etc. for Barclays Bank of Kenya Ltd, Investments & Mortgages Bank Ltd, Paramount Universal Bank Ltd and Chase Bank Ltd
  • Security recoveries, realisations and debt collections for Kenya Commercial Bank Ltd, Paramount Universal Bank Ltd, Chase Bank (K) Ltd and Tamarind Management Ltd
  • Advantgarde Translations Inc., advising and implementing setting up in Kenya as a foreign company and compliance with Part X of the Companies Act, 2012
  • Baptist World Aid Australia (BWAA), advising and implementing the termination of the legal relationship with SAO Kenya (NGO) including retrenchment of SAO Kenya staff and handling of the staff terminal dues, 2010 and 2011
  • BearingPoint Global Operations, Inc., Establishment as a limited liability company in Kenya, 2005, corporate secretarial, advising and implementing liquidation of BearingPoint ECA Ltd, 2001 to 2010
  • Bishop Kioko Catholic Hospital, advising and implementing incorporation as a company limited by guarantee, compliance with Pharmacy and Poisons Act, strategic legal issues, standard form staff employment contracts, etc. 2005 to date
  • Brinks Security Services Ltd, advising and implementing procurement strategy from the legal perspective, 2006 to date
  • Capitol Hill Towers Ltd, advising on increase in capital (2011) and Capitol Hill Development Agreement Phase II, 2011
  • Catholic Diocese of Machakos, Chief Legal Counsel (advising on all legal strategy matters for the Diocese including property acquisition, development, staff and litigation)
  • Colgate Palmolive (EA) Ltd, advising and implementing legal strategy on advertising, and immigration issues
  • COMESA, 2004 Framework Agreement, drafting and advising from the Kenya legal perspective
  • Dairy Enterprise Trust, trust set up, and preservation of trust assets (2001-3)
  • National Water Pipeline and Conservation Corporation, Debtor Verification Exercise, legal strategy and due diligence report, 2005
  • Egerton University Trust and Nairobi University Trust, establishment 2005
  • Embassy of Japan, legal counsel retainer, advising on matters involving Kenya law, staff, property, motor vehicles, and leases for office and residence of staff, 2011 to date
  • Eveready East Africa Ltd, Conditions of Sale, advising, drafting and implementation and trading agreements with Tusker, Nakumatt and Uchumi, 2006
  • Industrial and Commercial Development Corporation, training of staff on commercial conveyancing including securities over moveable and immoveable properties in Kenya, debentures, legal charges, mortgages, chattels mortgages, guarantees and indemnities, etc., 2011
  • Industrial Development Bank Ltd, guarantees and indemnities and third party legal charges, 2003
  • International Air Parts Australia Pty Ltd, 2011 to 2013 Recovery from Jetlink
  • Kumon Education South Africa (Pty) Ltd, advising on franchising law in Kenya, 2013
  • Laikipia County Council, recovery of land rent and land rates, 2001
  • Masai Mara Group Ranches Conservation Association, establishing as a company limited by guarantee, devising legal structure and implementing as well as negotiation for conservation dues from Narok County Council, 2000 to 2004
  • Masaku Teachers Sacco Ltd, advising on legal structure for recovery of funds lost (re Forensic Audit), 2008
  • Masaku Tobacco Wholesalers Ltd, advising and implementing claim against BAT Kenya Ltd, 2001-2003
  • Mastermind Tobacco Ltd, advising and implementing debt recovery strategy from 2006 to date
  • MPS Stichting Milieu Project Sierteelt, establishment in Kenya under Part X of the Companies Act, and process agency services 2004 to date
  • Municipal Council of Machakos, arbitration, litigation, land rent and land rates recoveries, 2009 to date
  • National Social Security Fund, advising on recovery of funds from Prudential Building Society in liquidation, mortgages and charges over immoveable property, 2000 to date
  • Paramount Universal Bank Ltd, litigation following resistance from borrowers on recovery of loans, 2001 to 2010
  • Rafiki Deposit Taking Microfinance (K) Ltd, security for advances to enterprises, 2013 to date
  • Siana Wildlife Conservation Association and Siana Wildlife Trust, advising on legal structure, implementation, setting up, and advising on tax legal and other legal compliance issues, 2001 to 2007
  • Simba Telcom Ltd, setting up in Kenya, advising on leases for branch network, employment, directorship and other Kenya law compliance issues, 2000 to date
  • Siria Mara Group Conservation Association, advising and implementation on setting up, 2007
  • TIRI-Making Integrity Work, setting up under Part X of the Companies Act, process agency, Kenya Citizenship and Immigration Act compliance, etc. 2010 to date
  • Torres Advanced Enterprise Solutions, setting up of Torres-SR Ltd as a locally incorporated limited company, Joint Venture Agreement, process agency, compliance of Torres AES LLC as a foreign company under Part X of the Kenya Companies Act, single business permit, statutory compliance, obtaining PIN, VAT, PAYE, NSSF and NHIF registrations, 2010 to date
  • Town Council of Wote, legal counsel, litigation, negotiations, arbitration, alternative dispute resolution, recovery of immoveable property, 2006 to date
  • Tumaini Ministries Inc. setting up in Kenya compliance, process agency, 2003 to date
  • Value Enhancement International, LLC, legal opinion on securitisation in Kenya over immoveable and moveable assets, 2008
  • Company corporate structures, conveyancing and leases for various property developments in the country including Mobil Plaza, Barclays Plaza, Biashara Bank Building (Mombasa), the Tamarind Village (Mainland North, Mombasa), Williamson House, Capitol Hill Towers and British-American’s Hurlingham Park
  • The reorganisation of Kenya Railways including the staff retrenchment programme
  • Privatisation of Kenya Airways Ltd, Legal audits for issue of shares to the public for Athi River Mining Ltd, Firestone E.A. (1969) Ltd, Kenya Airways Ltd
  • Advices to the Embassy of Japan (Nairobi, Kenya), Proparco, Panafrican Paper Mills (E.A.) Ltd recent debt rescheduling, the CBK appointed manager for Trade Bank Ltd, Bridgestone Corporation Nairobi Liaison Office, The Bank of Tokyo-Mitsubishi Nairobi Office, Mitsubishi Corporation (Rehabilitation of Kenya Meat Commission and the Kipevu Diesel Power Plant), Nichimen Corporation Nairobi Office, Marubeni Corporation Nairobi Office, Carnivore
  • Extensive advices on Kenya law on investment and business matters to Morgan Guaranty Trust, Morgan Stanley Trust, JP Morgan Securities, Lehman Brothers International, BZW Securities, Swiss Bank Corporation, Union Bank of Switzerland, British-American Insurance Co (K) Ltd, Madison Insurance Co Ltd, Phoenix Insurance, Royal Insurance, Capitol Hill Towers, Barclays Bank of Kenya Ltd, Kenya Commercial Bank Ltd, Kenya Railways Corporation, BAT Kenya Ltd, East Africa Industries Ltd, Elida Ponds Kenya Ltd, Kenya Industrial Estates Ltd, Kenya Breweries Ltd and Central Glass Industries Ltd
  • Incorporated banks and companies as well as advising on corporate deals in Uganda and Tanzania
  • The firm’s clients include the World Bank, the Foreign Investment Advisory Service, UNCTAD, Kenya Tea Development Authority, Colgate-Palmolive (EA) Ltd, Kenya Commercial Bank Ltd, the Government of Kenya, the Government of Tanzania, the Government of Sudan, among others.