About
ABOUT THE FIRM
We are a full-service law firm with a combined Partners’ experience of eighteen years. Our firm is structured into litigation, commercial, conveyance and research consultancy departments, with requisite experienced staff to service our clients in the departments. It is our mission as a firm to set ourselves as apart for depth in our research of clients’ cases; relevance of our legal advice to our clients’ businesses and desired outcomes; to speak to our clients’ commercial drivers in our legal advice and case strategy; and to articulate our clients’ case theory with zeal, coherence and singular belief.To remain diligent and excellent in all aspects of our Clients’ legal services.
Our strategy to achieving that mission is twofold. Firstly, is through incremental experience in our practice areas. To this end, we have so far acquired vast experience in many aspects of corporate litigation including in shareholder disputes, employment and labour disputes, work injury disputes, licensing and regulatory compliance disputes, corporate financing disputes (including equity, debt and mezzanine financing disputes), capital maintenance and dividends distribution disputes as well as disputes concerning leases of and right of way over land. Other general areas of practice we have acted in include public law litigation (comprising constitutional petitions and judicial review), private law litigation (comprising disputes over commercial contracts, tort claims, traffic accident claims, disputes over land and chattels) and public finance litigation (comprising procurement disputes, bank lending disputes, equity investment disputes and tax disputes).
Other than litigation, we are experienced in conveyance and commercial transactions, both secured and unsecured (right from due diligence stage of searches and documents verification; to drafting of agreements, security documents and transfers or leases; to processing of title and perfection of securities). Lastly, we are experienced in opinion writing and corporate legal audits, including company-wide audit for regulatory compliance and legal risks assessment.
The second strategy we have adopted to achieve our mission is continual learning. Most recently, in September 2020, the firm Managing Partner and Team Leader, Mathews Okoth, was enrolled for and completed Master of Laws Degree in Corporate Law at University College London, the eighth best law school in the whole world according to Times Higher Education World University Rankings 2021. The critical skills that are value addition to the firm and relevant to your business that the Partner acquired from the training include:
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Advance knowledge in the law of corporate finance, comprising:
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Forms of corporate finance including regulation of equity finance, bilateral and syndicated loans, bonds and other debt securities, retained earnings, hybrid/mezzanine forms of financing, trade credits, credit card financing, accounts receivables financing, leases and leasebacks, repo agreements and an emerging form of finance called securitisation finance, commonly known as structured finance or asset backed securities finance;
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Rules on distributions of corporate profits in private and public companies, including rules on dividends distributions, financial assistance and share buybacks;
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Rules on capital maintenance, including rules on capital reduction in private and public companies;
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Law of debt finance ranging from structure and regulation of overdrafts (on-demand loans), bilateral term loans, syndicated term loans, methods of loans transfer (including novation, assignment, sub-participation, transfer by way of trust and transfer by way of proceeds assignment) as well as structure and regulation of securitisation finance/structured finance.
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Law of equity finance, including corporate capital increase and pre-emption rights, capital market efficiency and disclosure theory, regulation of primary capital market, regulation secondary capital market, regulation of gatekeepers in capital markets (comprising investment banks, lawyers, auditors, accountants), liability for incorrect disclosures in registration statements and investor protection strategies.
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Advance theoretical and practical knowledge in the law of secured transactions, including regulation of pledges, charges, mortgages, floating charges, assignment and securities over intangibles, title-based interest in asset finance and supply-chain finance, guarantees and indemnities, securities over ships, securities over aircraft, priorities of security interests, enforcement of security interests and effect of insolvency on security interests, including clawback provisions under the Insolvency Act No. 18 of 2015, Laws of Kenya.
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Advance knowledge in the law of international debt finance, including pricing of loans in international debt market (both under LIBOR and SONIA), structure and intricacies of bilateral and syndicated term loans, international loan transfer methods, regulation of securitisation finance and their derivatives, bond issues in international debt market, regulation of project finance commonly known as public private partnerships as well as legal opinions in international debt finance transactions.
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Advance knowledge in corporate insolvency law and practice in Kenya, comprising corporate rescue procedures (including administration of insolvency estate); liquidation and winding up process; dealing with title-based and quasi-security interests including Quist close trusts, set-offs, writ of control in a liquidation process; voidable transactions; fiduciary duty of directors to creditors in an insolvent company; improper trading; and distribution of insolvency estate.
Our combined experience as a firm and advance specialized training in corporate law make us stand out as the firm of choice for your legal services.