Law Firms

Kieti Law LLP: Raising the Bar of Boutique Legal Practice in Kenya

Kieti Law LLP is a boutique firm in true sense of the word in that its partners have what it takes to offer corporate finance, mergers and acquisition, private equity, intellectual property, dispute resolution and clean energy finance all under one roof.

Published

3 years ago

September 14, 2021

Admin

If there are unicorns in the Kenyan legal startup scene, the firm of Kieti Law LLP is one of them. In less than 4 years since its launch in 2017, the firm has built an enviable reputation as one of the leading boutique law firms in Kenya specializing in corporate law; finance; energy and natural resources; environment and climate change; projects and real estate.

At the same time, Kieti Law LLP’s Managing Partner Sammy Ndolo has managed to attract star legal practitioners from top law firms in Kenya to build a very formidable team of 5 Partners and a handful of associates, all lawyers who have a strong reputation as leaders in their specialist area and are well regarded by their peers and clients.

What Sets Kieti Law LLP Apart

Several factors set Kieti Law LLP apart. One, the firm boasts the youngest and the finest set of lawyers in Kenya. Not only is everyone at Kieti under 40 years, the firm’s lawyers have more than 40 years’ combined experience working in the top law firms in Kenya including Dentons HHM, CMS Daly & Inamdar, Anjarwalla & Khanna and DLA Piper IKM Advocates.

Two, the firm’s lawyers are not only solid legal professionals, half of them have a Masters of Law (LL.M), MSc or MA Degree. Three quarters of the Kieti’s lawyers also have additional qualification including as Solicitor, Arbitrator, Certified Public Secretary (CPS), Certified Public Accountant (CPA) or experts in Sustainable Energy Finance and Securities & Investments.

Three, Majority of Kieti’s partners have worked for or been seconded to “Magic Circle Law Firms” including Allen & Overy and Linklaters and Global20 Law Firms Mayer Brown International LLP (London) and Orrick, Herrington & Sutcliffe (Europe). This is an added advantage in serving international clients who need a combination of national expertise and global experience.

In addition, the Kieti’s Partners are not only experts in their own areas of specialization but have skillsets that complement each other and enable the firm to take care of all aspects of any transaction. The end result is that corporate clients looking to get their deals done from start to finish can count on Kieti Advocates LLP’s solid in-house legal expertise.

Kieti Law LLP is a Truly Boutique Law Firm

To be sure, Kieti Law LLP is a boutique firm in true sense of the word in that its partners have what it takes to offer corporate finance, mergers and acquisition, private equity, intellectual property, dispute resolution and clean energy finance all under one roof. Kieti Partners are able to avail big law firm expertise with mid-size law firm advantage.

Sammy Ndolo, the managing partner of Kieti Advocates LLP, has proven and tested expertise in corporate law and finance including acquisition finance, debt lending, syndicated lending, structured finance, trade and commodity financing, debt and equity capital markets, corporate governance, cross border public and private mergers and acquisitions and corporate re-organisations.

According to Chambers Global Guide 2021 Edition: “Sammy Ndolo advises on a range of corporate issues, including restructuring, investments, joint ventures and franchising, as well as financing and governance issues. One source enthused: “He comfortably meets all deadlines, and provides an exceptional product and service offering.”

Shem Otanga, the Head of Intellectual Property Practice at Kieti Advocates LLP is a recognized expert and practitioner in intellectual property, data protection and ICT law. He also practices in commercial law, employment and retirement benefits schemes law as well as regulatory advisory work across various sectors of commerce, technology and industry.

Chambers Global Guide 2021 ranks Shem Otanga among the Intellectual Property Lawyers to watch in Kenya. It notes that “Shem Otanga is praised by sources as “exceptionally responsive,” and they add that he “goes the extra mile, working night and day to meet key deadlines.” He is well versed in both contentious and advisory trade mark matters.”

Njeri Wagacha who joined Kieti Advocates LLP as a partner last year is an expert in mergers and acquisitions, private equity, franchising, competition and employment law. She is also a qualified Solicitor who has assisted in advising on a variety of commercial transactions including asset and share acquisitions, shareholders’ agreements and franchising agreements.

Desmond Odhiambo, the Head of Kieti’s Litigation Practice, is a highly commended litigator and arbitrator with a brilliant legal mind and extensive litigation experience covering the full spectrum of commercial activity including banking and finance, shareholder and joint ventures, insolvency, employment and labour relations, public procurement, intellectual property, engineering, building and construction contracts.

Clarice Wambua, one of the few qualified Climate Change Law and Policy Experts in Kenya, leads the firm’s Energy, Mining and Extractives, Environment and Climate Change Practice. She has wide experience in advising on regulatory and compliance issues in these areas, is an expert in sustainable energy finance and previously served as In-house Counsel for Carbon Africa.

Thought Leadership, Change and Future of Kieti Law LLP

In terms of thought leadership, Njeri Wagacha is the host of firm’s groundbreaking Podcast NjeriTalksLaw, now in its fifth episode. The lawyers of Kieti Advocates LLP are also prolific and insightful contributors on legal issues at the global stage. The firm’s Desmond Odhiambo and Peter Mutema contributed the chapter on Kenya’s law in the Global Edition of the “Employment & Labour Law Guide 2020”, part of Lexology’s Getting the Deal Through series.

Clarice Wambua contributed the chapter on Kenya in the 17^th Edition of Environment & Climate Change Law 2020 of the International Comparative Law Guides (ICLG). The firm’s partners have also been featured in top webinars on law and practice. In one of recent publications, Kieti Advocates partner Shem reviews the extraterritorial applicability of Kenya’s Data Protection Act in light of the appointment of Kenya’s first ever Data Commissioner.

As part of its commitment to offer pro borno legal services that make a difference, the firm is a member of Trustlaw, the Thomson Reuters Foundation pro bono referral organization. It is actively involved in supporting NGOs, non-profits and social enterprises that are involved in social change by offering them free legal advice.

In retrospect, the risk Sammy Ndolo and his co-founders took in leaving their positions as Partners in some of the leading law firms in Kenya to start their own law firm from scratch at the height of the 2017 elections has paid off. Today, Kieti Law LLP stands out as one of the emerging key players in the Kenya’s Legal Industry and the future looks even more promising for the firm.

Admin

admin@thelawyer.africa | Website | + posts

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Law Firms

Understanding the Legacy of Wealth: Intro to Transgenerational Estate Planning

Published

4 months ago

July 15, 2024

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.

Law Firms

The Unfolding Scenario of Digital Lending Regulation in Kenya

Published

4 months ago

July 13, 2024

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:

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

Law Firms

A Toolkit for Customers on accessing Financial Services in Kenya

Published

8 months ago

March 25, 2024

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:

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.

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.

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.

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.

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).