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.
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.
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.
CR Advocates LLP is the Kenyan Law Firm to Watch in 2023 after Epic 2022
The year 2022 was a year of many firsts for CR Advocates LLP as the firm defied every theory of law firm growth to emerge as a top mid-size firm in Kenya. In the wake of its rise to the top, CR Advocates LLP scooped two top legal awards and earned its place in the law listings in the country among the Top 20 Law Firms in Kenya.
First, CR Advocates LLP as a firm came of age by emerging as the top recommended law firm in Kenya by highly-rated The Lawyers Global. CR Advocates LLP was the Winner of the Legal Award of The Lawyers Global ranking in Kenya based on reviews by clients and independent analysis by the directory. It beat top tier firms including Gikera & Vadgama Advocates and Walker Kontos Advocates to scoop the coveted award.
Second, CR Advocates LLP made a debut into THE LAWYER AFRICA Top 100 Law Firms in Kenya List which is based on headcount and reputation for excellence. The firm emerged among the TOP 20 LAW FIRMS IN KENYA by headcount having two dozen fee earners within its ranks. In this category, CR Advocates LLP stands shoulder to shoulder with many seasoned law firms including Mohamed Muigai LLP, Robson Harris LLP and Mboya Wangong’u and Waiyaki Advocates.
Third, CR Advocates LLP was shortlisted for the Nairobi SME Law Firm of the Year Award at Nairobi Legal Awards. The award recognizes the top mid-size law firms in the country. As if that was not too much already, CR Advocates LLP beat a dozen established law firms to emerge as the overall winner of the prestigious award with Igeria & Ngugi Advocates emerging as 1st Runners Up and McKay Advocates as 2nd Runners Up.
The overall result is that the firm of CR Advocates LLP begins the year 2023 as the top law firm in Kenya being the reigning award winner of both SME Law Firm of the Year Award 2022 and The Lawyer Global Legal Award Kenya 2022. In addition, the firm is now confirmed as being amongst the top 20 law firms in Kenya by THE LAWYER AFRICA.
The quick-paced upward trajectory of CR Advocates LLP which has earned it the reputation of disruptor in the corporate and commercial law scene is attributable to excellent client service and consistently efficient, reliable and cost-effective legal services. The firm boasts over 25 legal professionals most of whom are leaders and rising stars in their respective specialist practice areas.
CR Advocates LLP clientele ranges from established multinationals to state corporations and emerging SMEs and Startups as well as individuals clients. Founded in 2013 by Princess Caroline Mutisya, one of Kenya’s top Real Estate, Commercial and Corporate Law Attorneys, the firm is celebrating its 10th Anniversary this year as it pivots to embrace its new status as a leading law firm in the country and to set the stage to dominate the legal scene for the next decade.
There is no doubt CR Advocates LLP is the law firm to watch this year as every move the firm’s Managing Partner Princess Caroline Mutisya and her team makes is bound to shake the legal sector. The firm is admittedly a case study for legal services sector analysts seeking to seeking to unearth the secret of building a top law firm from the bottom up within a decade.
Bowmans Expands its Tax Practice in East Africa
Bowmans has made a substantial investment in its tax capacity in East Africa by expanding its Tax Practice in Nairobi with recruitment of four (4) associates. Senior Associates, Fredrick Ogutu and Patience Mbugua, joined the firm on 1 May 2022. This is in addition to Associates Lynet Mwangi and Bernard Kirii who joined the firm on 1 March 2022, adding further depth to the firm’s tax service offering.
Before joining Bowmans, Fredrick was a manager in the tax and legal department of audit firm Deloitte & Touche LLP. He has extensive experience in providing tax advisory on both local and international/cross – border tax issues, tax restructuring, tax support in mergers and acquisitions, tax due diligence, tax dispute resolution, tax compliance and assessment of tax risks across various sectors.
Patience Mbugua previously worked in the tax dispute resolution department of the Kenya Revenue Authority (“KRA”), where she gained considerable experience in handling tax disputes involving taxpayers in various sectors. Prior to that, she worked for an audit firm, PricewaterhouseCoopers (PWC) and has considerable experience in providing a wide array of tax services including direct and indirect tax compliance, tax reporting, tax advisory, KRA audit support, tax dispute and tax litigation.
Lynet previously worked in the tax and regulatory services department of audit firm, KPMG East Africa, as well as Dentons Hamilton Harrison & Matthews. She has wide experience providing tax services, including tax advisory and structuring, KRA audit support, tax dispute resolution and regulatory compliance. Bernard Kirii joined Bowmans from KPMG East Africa, where he specialized in tax dispute resolution services for clients; tax optimization; tax restructuring; and tax advisory services, including mergers and acquisitions.
According to Bowmans, the expanded tax team helps expand the firm’s tax offering especially by providing additional assistance in mergers and acquisition transactions, including undertaking tax due diligence reports; tax restructuring and optimization involving both local and international/cross border entities; assistance with KRA audits; and conducting tax health checks on all tax heads. These services are in addition to the current tax advisory and tax dispute resolution services provided by Bowmans.
“We are pleased that the team has chosen Bowmans as their new home, and we are confident that they will enhance the tax service that we offer our clients across our geographical footprint,” said Bowmans Tax Partner and Head of Tax Practice Alex Mathini. Alex has been ranked by Chambers & Partners for the last six (6) consecutive years and Chambers Global Guide 2022 ranks Alex among the Top 2 Lawyers in Tax Law in Kenya.
In addition to Alex and the four new associates, Bowmans Tax Practice in Nairobi includes Andrew Oduor (Tax Partner), Samuel Githanda (Senior Associate), Nelly Chepkoeach (Associate) and Maurice Muma (Associate). Andrew Oduor is a tax practitioner of sixteen (16) years who is active in tax litigation, tax compliance and tax advisory services. He is the Kenyan contributor to an annual Global publication by Thomson Reuters Practical Law on Tax Litigation in Kenya.
BOWMANS SOUTH AFRICA: JSE Consultation Paper to Reform Listings Framework
By Mili Soni (Senior Associate) and Charles Douglas (Co-Head of M&A), Bowmans, Johannesburg, South Africa. Bowmans is the 3rd Largest Law Firm in Africa as ranked in Africa Top 50 Law Firms in 2022, with over 400 specialist lawyers providing integrated legal services throughout Africa from eight offices (Cape Town, Dar es Salaam, Durban, Lusaka, Johannesburg, Kampala, Moka and Nairobi ) in six countries.
As part of the JSE’s active focus on remaining relevant and competitive in order to retain and attract more listings and capital markets activity, the JSE has released a further consultation paper considering the following proposals:
- Market segmentation: It is proposed that mid/low-cap companies be provided with regulatory relief by splitting the current two-tiered equities market from the Main Board and AltX into two segments at Main Board level and establishing a growth board (for SMEs to have an effective and appropriate level of regulation depending on the market cap and level of liquidity concerned).
- Dual class shares: The introduction of dual class shares is being proposed (i.e. low or high voting shares, being shares of different classes holding different numbers of votes per shares).
- Technology Board: The JSE would like to establish a Technology Board to invite tech IPOs to take place through more inclusive and adaptable listing rules to support technology and innovation enterprises. It is anticipated that this would allow, inter alia:
- dual class share structures;
- no profit or qualified audit opinion over the last two years;
- a lower threshold for subscribed capital;
- a lower level of equity shares in issue and a lower free float threshold; and
- broader ranges for cat 1 and 2 transactions and issue for cash authorities.
- Free float: The 20% free float threshold for a Main Board listing is a deterrent to listing and may be reconsidered, alongside reconsidering public spread criteria as applied to institutional investors.
- Depositary receipts: The JSE would like to allow African listed companies to access the JSE through depositary receipts to gain exposure to African listed securities.
- Simplification of the JSELR: The aim is to use plain language and reduce the volume of the JSELR.
- Auditor accreditation: This may be removed for applicants whose auditors are regulated by the Independent Regulatory Board for Auditors (IRBA).
- REIT expansion: The JSE is considering expanding its REIT offering beyond property (e.g. to include infrastructure).
- Review of SPACs: Further alignment with international leading markets is sought to ensure the attractiveness of SPACs.
- Financial Reporting Disclosures: The JSE aims to simplify these.
- Actively Managed Certificates and Actively Managed Exchange Traded Funds: Expansion of specialist securities offerings is in the pipeline.
- Specialist securities rejuvenation project: The JSE intends to remove administrative provisions and align the provisions with international best practice going forward.
- Repositioning the BEE segment: Simplification of the BEE Listings Requirements is sought to allow BEE companies to list on a stand alone basis, where trading will only be allowed between eligible BEE participants.
- Review of Secondary Listings Framework: The JSE would like to expand its list of approved and accredited exchanges to facilitate these (e.g. the Singapore Stock Exchange was added to the list in 2021 and also qualified for the fast-track secondary listing route).
The JSE invites comments by Monday 20 June, after which it will engage with the Financial Sector Conduct Authority (FSCA) for approval.
The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Follow this link to read the Original Article published in the Bowmans Website. The Copyright © for the article belongs to Bowmans and the Authors. For any further information or clarifications on the above matters, please contact: Charles Douglas and Mili Soni.
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