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B M Musau & Co. Advocates LLP: The Law Firm that Helps Businesses Make Right Decisions

B M Musau & Co., Advocates LLP is a globally recognized as one of the leading and mature commercial law firms in Kenya providing exceptional legal services with a personal touch to local and international businesses and clients across East Africa.

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3 years ago

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B M Musau & Co. Advocates has adopted cloud technology to make it possible for clients to interact with the firm lawyers on every platform

Since its inception in 1999, the law firm of B M Musau & Co., Advocates LLP has succeeded in establishing a reputation as the full-service commercial boutique law firm of choice for local and foreign businesses and earned recognition of peers, clients and partners as a leader in corporate and commercial law, dispute resolution, real estate law, intellectual property law, company secretarial and foreign company representation in Kenya. The firm has also stood out for its thought leadership and extensive publication on topical issues on Kenyan business law and changes in legal and policy environment affecting businesses.

Today, B M Musau & Co., Advocates LLP is globally recognized as one of the leading and mature commercial law firms in Kenya providing exceptional legal services with a personal touch to local and international businesses and clients across East Africa. The firm has cut an enviable niche as a go-to corporate commercial law firm whose main legal services are commercially oriented with non-commercial law designed to enhance the corporate commercial offerings of the law firm.

BM Musau & Co. was started by Dr. Benjamin Musau 22 years ago to provide legal services that “help businesses make the right decisions.” Coming from Kaplan & Stratton Advocates where he had risen through the ranks from trainee advocate in 1988 to partner, Dr. Musau had the requisite background and experience as a corporate and commercial lawyer to make BM Musau & Co. the preferred law firm for local and foreign businesses seeking exceptional legal expertise combined with personal attention one can only find in a boutique law firm.

Dr. Benjamin Musau, the Founding and Managing Partner of B M Musau & Co., Advocates

B M Musau & Co. legal services are divided into six (6) legal practice areas covering every aspect of business and commercial law to meet every legal needs of its business clients. The firm focal service areas are commercial business services, foreign company services, corporate secretarial services, commercial litigation and dispute resolution services including arbitration, mediation and negotiation. The firm has also well-equipped real estate services and general practice services to carter for all needs of their business clients and personal legal needs of their executives in-house.

Over the years, B M Musau & Co. has handled numerous projects and gained hands-on expertise and exposure in all aspects of corporate and commercial law. The firm has acted for sovereign governments, multilateral institutions including World bank, Regional Blocks, State Corporations, International NGOs, Religious Organizations, Embassies, multinationals and local blue-chip companies. The firm has even helped in incorporating subsidiaries of major Kenyan banks as well as in advising on corporate deals in Uganda and Tanzania.

Last year, in recognition of its status as a leading Kenyan commercial law firm of international repute, B M Musau & Co. was accepted as one of the only four (4) African member law firms and the representative firm for Sub-Saharan Africa of the International Association of Independent law firms, Interlaw. Interlaw members are distinguished full-service corporate law firms, selected after a comprehensive due diligence process that identifies firms with a solid reputation for impeccable professional and ethical standards. The network is top ranked by Chambers & Partners as the “leading elite network of law firms” globally and in Europe, Canada and Latin America.

In a statement, Interlaw recognized B M Musau & Co. as one of the “most reputable independent law firms serving multinational clients” in Kenya. It noted that the firm “serves a mix of local and international clients, with the latter making up around 40% of its portfolio.” Further, Interlaw appreciated B M Musau & Co.’s capacity to help the network further expand “the breadth and depth of expertise available to its international client base” and to bring “a diverse range of expertise to the network in disciplines including employment, banking and finance, capital markets, M&A, real estate, tax and energy.”

Interlaw membership offers BM Musau & Co. clients truly global expertise through access to over 7,500+ first class lawyers around the world and seamless cross-border service to enable them do business anywhere in the world. The firm is also one of the two law firms in Kenya which are members of Shiparrested.com Maritime Law Network whose legal members specialize in facilitating arrests and release of ship besides handling other branches of maritime, admiralty, shipping and commercial law.

The BM Musau & Co. lawyers are recognized by peers and clients for their broad and relevant experience in their respective specialist legal practice areas. The Managing Partner Dr. Benjamin Musau is a renown corporate and commercial lawyer of 32 years standing who has been recognized as one of the 1500 Leaders-in-Law Global Experts for Kenya and is recommended by International Referral (IR) Global as its Commercial Lawyer of choice in Kenya and East Africa. Dr. Musau has led the firm from its founding as the Managing Partner steering its rise to the top of corporate and commercial law practice in Kenya.

Dr. Benjamin Musau is a recognized legal scholar and law lecturer at the University of Nairobi. He holds PhD (JSD) in Law specializing on Anti-Money Laundering, Anti-Corruption and Counter-Terrorism Financing Law from Thomas Jefferson School of Law, San Diego, California. His PhD Thesis was on “Anti-Money Laundering and Compliance Strategies of Kenya.” He is also a holder of LL.M (Distinction) in International Taxation and Financial Services from the same Law School, LL.B from the University of Nairobi and Diploma in Law from Kenya School of Law.

Other notable members of BM Musau & Company legal team include Evelyn Kyania who is the partner in charge of Dispute Resolution and General Practice. She has assisted and also been involved in various complex dispute resolution matters including election petitions and commercial litigation. In addition, the firm has a number of associates, qualified lawyers, articled clerks, business and legal consultants and legal executives and over dozen qualified support staff and paralegals ready to support its lawyers in helping businesses make the right decisions.

Dr. Ben Musau and his team at BM Musau & Company are also excelling in thought leadership especially in guiding their peers and clients on emerging aspects of law. Dr. Musau is an LSK Continuing Legal Education (CLE) resource person by LSK. The firm has is constantly updating current and prospective clients through online alerts available to the public in its website and esteemed legal portals. In keeping with its motto to ‘help businesses make right decisions, the firm has been in the frontline in publishing on legal strategies business can apply to help overcome the impact of Covid-19 on businesses.

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Law Firms

Understanding the Legacy of Wealth: Intro to Transgenerational Estate Planning

Published

4 months ago

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July 15, 2024

By

MNO Advocates LLP

Welcome to the Just Legal Podcasts, brought to you by MNO Advocates LLP! We’re excited to kick off Season 3 with a compelling and insightful episode titled “Understanding the Legacy of Wealth: Intro to Transgenerational Estate Planning.” Join our host Liz Nderitu as she sits down with the senior partner at the firm, S. Okalle Makanda, for a candid and informative discussion on transgenerational estate planning.

In this episode, Liz and Makanda delve into the various aspects of estate planning, including the importance of creating wills, the implications of dying intestate (without a will), and the nuances of oral wills. With their engaging conversation, Liz and Makanda make the complex topic of estate planning accessible and even enjoyable, sharing a few laughs along the way. Whether you’re just starting to think about your estate plan or looking to update an existing one, this episode is packed with valuable insights and practical advice. Don’t miss out on this essential guide to securing your legacy and ensuring your wishes are honored across generations.

Be sure to subscribe to our channel, leave your thoughts and questions in the comments, and join the conversation on this vital topic. Hit that subscribe button, and let’s embark on this journey together! Subscribe to Just Legal Podcasts on YouTube and stay updated with our latest episodes.

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MNO Advocates LLP
+254 712 280 305 | info@mnolegal.co.ke | Website | + posts

MNO Advocates LLP is a trusted boutique law firm delivering legal services tailored to the challenges and opportunities of the modern business environment. The firm are recognized leaders in Transgenerational Estate Planning, Commercial & Corporate, Immigration, Legal Audit & Compliance, Dispute Resolution, and Employment law. We help clients navigate legal complexities with confidence both regionally and internationally.

Founded by three lawyer friends who were passionate about their craft but frustrated by the legal landscape for Small and Medium-size Enterprises (SMEs), MNO Advocates LLP set out to address the challenges of navigating complex legalese, hefty fees from traditional firms, and lack of personalized attention. Ignited by a shared dream, the three founders built a different kind of law firm - one focused on relationships, providing affordable and creative legal solutions, and showing relentless dedication to helping SMEs thrive.

MNO advocates' expertise has continued to grow alongside their client base. They have sharpened their skills in areas critical to SMEs, including contract review, intellectual property protection, employment law, and dispute resolution. They have become champions for their clients, fiercely advocating for their rights and ensuring their legal needs are met efficiently and effectively.

Today, MNO Advocates LLP is a thriving force in the legal community. They have expanded their team with talented advocates who share their passion for helping SMEs and also leveraged technology to streamline processes and offer cost-effective services. We have set ourselves apart as the go-to law firm for clients in the creative industry as well as fintech companies.

Looking ahead, MNO Advocates LLP is committed to continuous growth and innovation. We stay at the forefront of legal issues affecting SMEs, adapting how we serve the constantly changing landscape. Our story is a testament to the power of fostering relationships.

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Law Firms

The Unfolding Scenario of Digital Lending Regulation in Kenya

Published

4 months ago

on

July 13, 2024

By

MMW Advocates LLP

Digital revolution has paved way for financial inclusion in Kenya. This revolution has changed how Kenyans’ access money, borrow money and save/store money. The growth of financial access through technology, Fintech solutions, has provided financial intermediation between many Kenyans were either underserved or unbanked.

This has, in turn, led to the mushrooming of digital lenders and lending platforms, which have dismantled traditional barriers and reduced bureaucratic hurdles that previously hindered Kenyans from accessing credit.

Unfortunately, this ease of access to credit has come with an unbearable burden on borrowers. Kenyans have complained of:

  1. High default rates among digital credit borrowers, leading to severe implications for negative listings at Credit Reference Bureaus (CRBs);
  2. Defaults triggering aggressive loan recovery tactics, including calls made to borrowers’ social networks, such as families and friends, for repayment;
  3. The pricing of loans, particularly the ambiguous application of interest rates and onerous penalty rates that render loans unpayable; and
  4. Digital lenders serving as obvious avenues for money laundering.

There was therefore need to regulate this sector and a public outcry from Kenyans to be protected from digital lenders who were operating like shylocks.

This led the government to initiate regulatory and supervisory reforms for digital lending, and in 2021, the Central Bank of Kenya (Amendment) Act empowered the Central Bank of Kenya (CBK) to license and oversee digital lenders. The Act refers to digital lenders as Digital Credit Providers (DCPs). Subsequently, in 2022, the CBK issued the Central Bank of Kenya (Digital Credit Providers) Regulations, which required all DCPs to apply to the CBK for a license.

ARE DIGITAL CREDIT PROVIDERS ONLY THOSE WHO LEND DIGITALLY?

Section 2 of the CBK Act states that;

“digital credit” means a credit facility where money is lent or borrowed through a digital channel;

“digital channel” means the internet, mobile devices, computer devices, applications and any other digital systems;

“digital credit business” means the business of providing credit through a digital channel;

“digital credit provider” means a person licensed to carry on digital credit business;

From a literal interpretation of this provisos, it can be easily assumed that any business that does not offer credit through digital channels is not a digital credit provider. The regulations also interchangeably use the word digital channel with the word platform.

This means that any lender who does not have a digital platform where Kenyans can apply for or receive a loan amount may of the considered view that they are not a digital credit provider. This interpretation led to many credit providers who still rely on non-digitized loan application forms and disburse funds through cheques or cash to not apply for the DCP License.

However, the question that begs is whether this literal interpretation aligns with the intention of the legislators when drafting the said provisos and regulations.

REASSESSING CBK’S OVERREACHING INTERPRETATION OF DIGITAL LENDING OVERSIGHT

Despite the literal interpretation that seems obvious from the reading of the legislation, CBK seems to take the mischief rule in interpreting these provisions. The mischief rule of interpretation means that CBK is looking at what the provision and regulation was meant to cure.

The effect of CBK’s interpretation is to bring every unregulated lender under its purview through licensing, regulation, supervision. Our opinion is based on the communication excerpt below from the Central Bank of Kenya.

We do not agree with this interpretation because it subjects all lenders to CBK supervision, regardless of their debt book, the nature of their lending, and the size of their debt portfolio. However, the Act and the regulations were meant to regulate businesses that lend through digital channels/platforms. While we disagree with this interpretation, the CBK has made it clear that businesses should not offer credit facilities without the required license. This position has not been challenged in court and thus remains the CBK’s stance.

MMW Advocates LLP
+254 776 314 659 | info@mmw.legal | Website | + posts

MMW Advocates LLP is one of Kenya’s largest female-led law firms with a focus on positively impacting the commercial ecosystem with out-of-the-box solutions.

MMW Advocates was birthed from a different breed. A breed that believes that the law should not be rigid and uncompromising. Instead, it should be a tool for commercial solutions. For this reason, the firm’s rallying call is – Think Differently-Solve Innovatively.

It is no wonder that it has cultivated trust from Multi-National Corporations and the Public Sector with bold footprints in Africa, Asia, Europe, and North America.

MMW Advocates continuously sets the pace for emerging commercial laws and jurisprudence and is an ideal partner for any entity that is keen on being a part of Africa’s commercial development story.

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Law Firms

A Toolkit for Customers on accessing Financial Services in Kenya

Published

8 months ago

on

March 25, 2024

By

HMS Advocates LLP

Financial service providers such as banks, SACCOS and other institutions offer customers products and services that empower them to manage and grow their financial resources. As part of our Initiative to raise Financial awareness during Global Money Week, 2024 we have summarized some of the matters Customers should consider when accessing financial services:

  1. Tariffs and Commissions

As with any business, Financial Institutions charge customers for their products and services. These charges, more commonly known as Tariffs and Commissions, are levied on the Institutions offerings, and are not limited to fees charged on transactional accounts, loan accounts, credit cards and the various channels customers transact across. Financial institutions are required to advise their customers about applicable tariffs they will pay for day-to-day running of the account. Customers should be aware that it is best practice for these Financial Institutions to notify their customers at least 30 days in advance or before material account changes are effected.

  1. Loans and Change of Interest or Profit Rates

Interest Rates that are charged when a customer secures a Loan with a Financial Institution may from time to time be reviewed by their Financial Institution. In such an event the Financial Institution should inform their consumer on the change the interest rates on accounts and should provide notice in line with standard notification practice. For Islamic banking customers on the other hand term “Interest” does not apply but rather Profit and as per Shari’ah Principles, once a contract of financing has been signed between the bank and the customer, none of these parties has the right to change the profit rate, regardless of the fluctuation of rates in the market.

  1. Rights to accurate reporting and confidentiality

In as much Customers do make a lot of effort to repay their Loans there are circumstances under which some Customers have often found that their details have been inaccurately published by the Credit Reference Bureau therefore being detrimental to any future borrowings. Customers however have the right to dispute any inaccurate information published by the Credit Reference Bureau, including incomplete or inaccurate information and there are laws and regulations on how to settle these disputes.

  1. Closure or Freezing of Accounts

Some Customers may experience the closure of freezing of accounts. It should be noted that unless there are exceptional circumstances, a bank should not suspend or close an account without giving the account signatory at least a 14 day notice. However, if the Bank is required to freeze the account in compliance with statutory requirements or legal obligation, a post freeze notice should be given to the customer promptly.

  1. Reporting on Unclaimed Financial Assets

Lastly, Financial service providers such as banks are required on an annual basis to hand over to the Unclaimed Financial Assets Authority any unclaimed deposits (cash, cheques, and other assets of financial value) that have not been accessed by the customer in over 2 years. Therefore, customers must ensure that they transact on their accounts so as to prevent their account from falling dormant. In conclusion, Article 46 of the Constitution of Kenya (2010) sets out laws and acceptable practices that the providers of goods and services should adopt when engaging consumers. In addition to the Constitution, the Consumer Protection Act 2012 prevents unfair business practices in consumer transactions. Both Financial Institutions as well as their customers should familiarise themselves with these laws.

About the Author: HMS Africa Advocates LLP is among the foremost innovative and full-service Law Firm in Kenya. The firm serves clients in diverse sectors and areas including Banking and Financial Sector, Real Estate and Construction, Corporate and Commercial Sectors and Litigation and Dispute Resolution. The firm  clients extend across the globe with a presence in Kenya, Tanzania, Uganda, Ghana and Egypt. 

This article is for general informational purposes only, it is not, and is not intended to, constitute legal advice. Should you require any further information, please do not hesitate to contact HMS Advocates LLP at info@hms.africa.

HMS Advocates LLP
+254 748 108 748 | info@hms.africa | Website | + posts

HMS Africa Advocates LLP is considered the foremost innovative and full-service Law Firm in Kenya. Our Clients navigate and transact in diverse sectors with new and evolving opportunities. Our services to our Clients extend across the globe with a presence in Kenya, Tanzania, Uganda, Ghana and Egypt. In a constantly changing environment, we apply a bespoke approach to resolving the legal challenges posed across industries and jurisdictions ensuring the best possible results for our clients.

Our Firm was founded in 2016 by leading independent Legal minds and industry professionals who are united by a shared vision and dedicated to achieving excellence legal practice. We nurture a forward thinking mindset, collaboration and corporate responsibility and are committed to creating a better future for our clients and the communities around us.

We are achieving our Firm’s vision through an inclusive outlook which guarantees tailor made solutions for our valued Client’s and our team has developed expertise in the following areas: Banking, Financial Services & Insolvency, Corporate and Commercial Law, Employment and Labour Relations Law, Tax Law, Real Estate and Construction Law, Immigration, Litigation & Dispute Resolution, Intellectual Property and
Technology, Media and Telecommunications (TMT).

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