Profile:

Mr. Okoth is a Lecturer of Law at South Eastern Kenya University Law School and practicing full-service advocate of the High Court of Kenya of 12 years standing, a Commissioner for Oaths, a Notary Public and a Patent Agent, with vast experience in corporate practice and litigation, public law litigation, private law litigation, public finance litigation, conveyance and commercial transactions as well as research consultancy and legal audits.

Education:
University College London
September 2020-August 2021
Master of Laws (LLM) in Corporate Law – Merit
Modules in Corporate Finance, Legal Aspects of International Finance, Insolvency Law, Secured Transactions and Legal Writing

Edinburgh Business School – Heriot Watt University, Scotland
2012-2014
Modules in Economics, Accounting, Marketing and Organisational Behaviour

Kenya School of Law
January 2009-June 2010
Post-graduate Diploma in Law – Legal Practice.

Moi University
2005- 2008
Bachelor of Laws (LL.B) – Second Class Honours Degree (Upper Division)

Professional experience:

•Publisher of the book title: Mathews Okoth, Law of Corporate Finance in Kenya (AML Publishers, 2023, ISBN 9789914491890)

Bibliographic information
Title: Law of Corporate Finance in Kenya
Author: Mathews Okoth
Publisher: AML Publishers
Year: 2023
ISBN: 9789914491890
Pages: 599 pages
Subjects: Law, Business & Financial
Kenya Copyright Board Registration Number: RZ48674

About the book

This book on the Law of Corporate Finance in Kenya, comprising twenty-five chapters, 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 appreciates 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 of the book, covering chapters two to nine, discusses corporate decisions on the companies’ capital structure, capital raising rules and capital maintenance rules. Part II of the book, covering chapters ten to fifteen, 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, covering chapters sixteen to twenty-four, discusses the capital markets law in Kenya, particularly, finance raising by companies through equity issuance. Part IV of the book, covering chapter twenty-five, 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.

•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, capital maintenance and dividends distribution disputes as well as disputes concerning leases of and right of way over land.
• 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);
• Public finance litigation (comprising procurement disputes, bank regulation and lending disputes, equity investment disputes and tax disputes);
• 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).
• Opinion writing and corporate legal audits, including company-wide audit for regulatory compliance and legal risks assessment

Critical skills:
• Specialism in Corporate Law courses of corporate finance, legal aspects of international finance, insolvency law and secured transactions.
• Legal writing and research
• Excellent oratory and court room skills
• Excellent client service.
• Team Work.
• Leadership.

Professional Membership:
• Law Society of Kenya
• East Africa Law Society
• Nairobi branch of the Law Society of Kenya
• UCL Bentham Connect, UCL’s exclusive social and professional networking site for alumni, students and staff.

Publications:
• Mathews Okoth, Law of Corporate Finance in Kenya (AML Publishers, 2023, ISBN 9789914491890)
• Mathews Okoth, Insolvency Law and Practice in Kenya (2023) (Upcoming)
• Mathews Okoth, Law of Secured Transactions in Kenya (2023) (Upcoming)

Social Responsibility:
• Member, Board of Management, Hawinga Girls High School, Siaya County.
• Legal Advisor, Anglican Church of Kenya, Machakos Diocese.
• Synod Member, Anglican Church of Kenya, Machakos Diocese.
• Vice Chair, ACK Christ Church Rim House Parish, Machakos Diocese
• Synod Member, Anglican Church of Kenya, Diocese of Maseno West.

Hobbies:
Reading Juristic works, autobiographies of world heroes and History books; Legal Aid; Cycling; Playing scrabble; Listening to Music (Reggae, R&B, Rhumba and Gospel); Playing and watching football (Manchester United fan)