
This book on the Law of Corporate Finance in Kenya explores the Kenyan regulatory framework that governs the ways in which companies raise their capital, the constraints on forms of capital raising, and the controls on what companies can do with the capital that they raise. The book, while distinctly recognizing equity finance, debt finance, retained earnings and public private partnerships as the main forms of capital raising, accords mezzanine finance its rightful place as a significant source of capital that companies rely on in their operations. The
author is aware that not all companies are established enough to be able to access equity, debt, mezzanine financing or project financing. Thus, the book discusses alternative forms of financing available to, largely, startups, including credit card, invoice, accounts receivables, lease, leaseback, hire purchase and repurchase agreement financing. The book is divided into four parts. Part I discusses corporate decisions on the companies’ capital structure, capital raising rules and capital maintenance rules. Part II discusses the legal framework for debt finance in Kenya and the variants of that form of finance, comprising, loans and corporate debt securities. Part III of the book discusses the capital markets law in Kenya, particularly, finance raising by companies through equity issuance. Part IV discusses finance raising through public private partnerships (PPP), the typical model of project finance in Kenya. The book takes a multidisciplinary approach, interfacing the author’s understanding of financial economics and law to establish commercial drivers that inform corporate decisions, and create a proper context for analysing legal principles and rules.