Drafted Copyright Regulations and Collective Management Organization Regulations for the Kingdom Of Eswatini. The study involved drafting of the regulations pursuant to the Eswatini Copyright Act in 2018. In proposing the regulations our Nairobi office considered the relevant Eswatini laws, the relevant regional laws including ARIPO Model Copyright law, continental intellectual property laws including the PAIPO Models and global benchmark as provided under the WIPO Copyright Law. The stakeholders in the study included ARIPO, WIPO and the Government of Eswatini
Research study on Harmonization of EAC Intellectual Property Rights law covering all the intellectual property laws in Kenya, Uganda, Tanzania, Burundi, South Sudan, Rwanda and the EAC region. The study involved an in depth analysis of existing intellectual property laws with a bid to identify gaps in the legislation and institutional framework. The study also included a comparative study with the E.U Intellectual Property Office and laws. The study led to recommendations on legislative and institutional reforms within the EAC region.
Website plagiarism enforcement in Kenya. We acted for a leading fintech whose website had been plagiarized in verbatim by a competitor. The enforcement led to the infringer taking down infringing content thereby protecting our client’s intellectual property rights and concept from infringement.
Utility models for shopping cart system, mechanical engineering system, fintech escrow system in Kenya. Our Nairobi office applied for utility model rights application for various innovations.
Registration of various trademarks in Kenya including for a legal consultancy firm, coaching firm, training institution, beauty and cosmetic industry, beauty products and many others.
Technovation dispute over a tax revenue collection geo-spatial software system. The employee was embroiled in an ownership dispute with the revenue authority
Advisory on intellectual property rights for a film maker working with ex-military men on a joint production between Kenyan and Ugandan artists.
b) Registration of New Entities in Africa
Registration of various social enterprises as companies limited by guarantee in Kenya
Registration and incorporation of a UK based charity organization with mental health wellness and awareness objects in Kenya
Registration of a joint venture for security construction works in Kenya.
Registration of Societies, NGOs, trusts, companies and LLPs in Kenya
Advised a social enterprise on setting up a hybrid company that allows both profit and non-profit practices.
c) Corporate Governance & Finance
Acted for an innovator in proposed capital injection of USD 2 million for funding a software innovation
Acted for an investor into a fintech company in capital injection of USD 100,000. Our role included conducting due diligence of the fintech company, registry searches, attending pre-negotiation meetings, attending negotiations, working with the lead financial advisors, drafting the offer and finalizing the acquisition of 25% equity.
Share swap in two different companies where one company was an asset holding company and the other a trading company. The share swap was to enable protection of the assets in the asset holding company while allowing the group to benefit from the expertise of the exiting shareholder.
Incorporation of various strategic holding companies
Acted as Transaction Advisors for one of the largest agro- based SME and top investees as Transaction Advisory for debt & equity investment worth USD 150,000 and shares worth USD 370,000
Acted as Transaction Advisors for a large local investor for an equity subscription of shares with a local investee within the agribusiness sector, worth USD 2.6M
Acted as Legal Advisors for a foreign International NGO, based in Canada, on establishment of a local Corporate Structure in Uganda dealing on technology products for schools.
Acted as legal advisors for a foreign Financial and Insurance Services Company, with its Holding Company, based in Luxemburg on how to establish a legal and corporate structure and presence in Uganda.
Acted for a local Microfinance Deposit Taking Institution as Transaction Advisors, leading to the development of an Employee Share Option Scheme as a means of raising capital to cover licensing requirements with the Central Bank.
Acted as Transaction Advisors for a Regional Fund Manager for an investment in a leading SME, worth USD 350,000.
Acted for a high net-worth individual for the sale of 15.23% stake with one of the largest Insurance Companies valued at USD 2.3M.
Acted as Legal Advisors for an IT Company to recover Business Assets from a Third Party.
Acted as legal advisors for a local Social Enterprise Business in the Food Street Vending business to establish regulatory policies in alignment with the statutory requirements.
Conducted Corporate Governance Audits to ensure mid-sized businesses are investment ready.
Acted as Legal Advisors for a regional pharmaceutical company with presence in Kenya and Tanzania for structuring its distributors and also represented the Company in court to recover its debt from various suppliers.
Currently on the panel of a Development Finance Institution, as Corporate Governance Advisors for its Small and Medium Size (SME) customers in order to prepare them for financing.
Acted for London Borough of Lambeth, Winchester, UK to provide legal advice on Special Guardianship Orders in respect of the return of Ugandan children that had been adopted in the United Kingdom.
Jointly represented a Ugandan mother, whose child had been adopted in the United Kingdom under unclear circumstances, with Ridley & Hall Solicitors, UK on her Constitutional rights.
Conducted Board and Corporate Governance audits, Induction, Professional Development Training and Board Evaluations for Tier 1, Tier 2, Microfinance & Deposit Taking Institution and a Public Listed Company.
Acted as Legal Advisors for a Micro-Deposit Taking Institution to establish its existence and shareholding structure under the Uganda Microfinance Regulatory Authority.
Acted as Legal Advisors for a Foreign Company, based in the United Kingdom to structure and establish presence in Uganda for the export of agribusiness products.
Conducted Legal Advisory to Centre for Strategic Litigation, based in Tanzania and advised on the regulatory landscape for Non-Governmental Organization.
Conducted due diligence and provided legal advice to Transformational Business Network (TBN) Uganda, a Company that provides acceleration programs for Impact Investment Companies), with presence in Kenya, Uganda and Tanzania on Investment Advisory and securing of related licenses.
Acting as Legal and Corporate Advisors for one of the largest family businesses within the Education sector in Uganda.
Restructuring of family owned business by amending the articles of association to limit the right to transfer shares, transmission rights and dispute resolution clauses. We also restructured the enterprises to allow for an advisory board, non-executive directors and corporate succession planning
Drafting board charter for a tourism company in Kenya.
Drafting of corporate governance policies including human resources, ICT, data privacy, environment, drug trafficking, anti-terrorism and other organizational policies
Assisting a social enterprise set up board committees and setting their terms of reference,
Board secretary for various enterprises in real estate and construction
d) Tax Advisory
Pursued tax exemption certificate for a non-profit in Kenya
Attended a dispute at the tax tribunal
Adviced a client on setting up an entity in Mauritius
Adviced on applicable corporate tax for an expatriate who was being seconded to work from the head office in USA to Nairobi. We advise on applicable income tax applicable.
e) Immigrations
Successfully applied for judicial review orders, allowing a qualifying British citizen get dual citizenship in Kenya and Britain.
Dependent and work permits for various applicants in Kenya
Investors permits in Kenya
f) Labor Law
Advising foreign entity on local labor laws in Kenya
Enforcement of labor rights at the Employment and Labor Court in Kenya
Defending multiple labor suits
Mediating and attending grievance and disciplinary hearings
Advisory on redundancy of employees
Advisory on post COVID employment contract re-negotiations
Drafting human resource related policies
Intellectual property rights claim by a staff member
g) Projects
Advisory on land, environment and other legal issues in construction of dam projects in Kenya including Maara Dam and Thwake Dam projects
Advisory on the proposed Nairobi Metropolitan Services Building Plans. We acted for an environment rights organization which raised an objection.
h) Policy & Legislation
Drafted the Copyright and Collective Management Organization Regulations Kingdom Of Eswatini
Study on Harmonization of EAC IPR laws
Trained a Child Rights Organization on the New Child Rights Act Kenya.
i) Dispute Resolution
International arbitration: - Gave advisory on the applicable Kenyan law in an international arbitration whose place and seat was London and choice of law was French law. The arbitration was governed by ICC arbitration rules and was a dispute between a UK energy company and a Cameroonian company. The applicability of Kenyan law appertained to evidentiary matters as part of the testimony was taken from Kenya.
Represented several entities in arbitrations and mediations in Kenya
Represented several corporates and individuals in court litigation.
Acted as Debt Collector for a Regional Insurance Company for Recovery of Claims.
Acted as Debt Collector for a Tier 1, Financial Institution to recover funds secured under its loan portfolio and conduct securitization for its business.
Acted as legal advisors for a foreign International NGO, based in South Africa, on Employment and Labor related issues in Uganda post COVID.
