Law Firms

Muri Mwaniki Thige & Kageni LLP: A Law Firm on the Rise

Muri Mwaniki Thige & Kageni (MMKT) has 4 partners, namely, Njunguna Muri, Martin G. Mwaniki, Eric Thige (Managing Partner) and Kageni Kimathi and 9 qualified associates and lawyers who are all specialists and experts in the firm’s three practice areas, commercial law, conveyancing and dispute resolution.

Published

3 years ago

September 14, 2021

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MMTK Partners from left Martin G. Mwaniki, Eric Thige (Managing Partner), Kageni Kimathi and Njunguna Muri. Photo: Courtesy.

Muri Mwaniki Thige & Kageni (MMTK) LLP Advocates is one of the most outstanding medium-size commercial, conveyancing and dispute resolution boutique law firms in Kenya today. The firm has not only come of age, it has also built a strong reputation in legal practice over the last 21 years as a law firm whose lawyers have practical experience and deep knowledge of the law in corporate and commercial, banking and securities and litigation and arbitration areas that clients can trust and count on for the best results and legal outcomes.

MMTK Law commits to offer professional legal services with a personal touch and to work innovatively and collaboratively with every client in crafting personalized legal solutions which are creative and flexible to anticipate the marketplace. The firm is known for its consistency and effectiveness in upholding the best practices in the legal industry and providing quality legal services with a focus on corporate and commercial law, conveyancing (banking and real estate), commercial and civil litigation and arbitration.

MMTK Law has a wide client base with many of its clients having grown with, trusted and relied on the firm since its formation in 2000. They include local, foreign, private and public companies, major commercial banks and leading financial institutions, insurance companies, government parastatals, investment vehicles like chamas and saccos, industries and private individuals. The firm offers clients lasting relationships, unparalleled quality of legal services, affordable legal fees, reliability in turnaround and speedy delivery and practical legal solutions and value.

MMTK main offices are in Nairobi CBD at Rehani House (HFCK) on the junction of Kenyatta Avenue and Koinange Street but the firm has an elaborate network of select correspondent law firms in Mombasa, Nakuru, Kisumu, Nyeri, Eldoret and the country and East Africa. The firm also has a very competitive fee structure guided by the Advocates (Remuneration) Order and the needs of each particular client for affordability. It also maintains a Professional Indemnity Insurance Cover of Ksh. 100,000,000.00 per claim to cushion clients against any loss.

MMTK Law Excellence in Legal Practice

MMTK Law Corporate and Commercial Practice entails a dedicated team of specialist lawyers who are experts in various aspects of commerce and enterprise. They offer corporate legal advice, services and solutions to businesses including help in set up and registrations, employment contracts, legal reviews and audits, business and transactional due diligence; setting up of trusts, asset acquisitions and disposals, structuring shareholders’ agreements, reorganizations and joint ventures, mergers and acquisitions, regulatory compliance and intellectual property services.

MMTK Law Banking and Conveyancing Practice is a recognised and trusted advisor to local and international financial institutions in major transactions including securing general corporate loans and overdrafts, guarantees, working capital financing, asset financing, hire purchase and mortgages, facility agreements, security documentation, regulatory and compliance. It is also involved in all aspects of construction, property development and real estate deals and transactions. The firm also assists in the division, distribution and registration of family and inherited property.

MMTK Law is also recognized for its Litigation and Arbitration Practice and represents corporate clients including banks, statutory corporations, insurance companies and private companies and individual clients in all courts, tribunals and arbitrations. The firm undertakes commercial litigation, civil litigation including land disputes and labour law disputes, family law disputes, succession and inheritance matters, professional negligence and insurance claims and public law litigation including judicial review, public procurement, tax appeals, arbitration and mediation.

MMTK Law Team of Legal Experts and Specialists

The firm has a team of 4 partners, namely, Njunguna Muri, Martin G. Mwaniki, Eric Thige and Kageni Kimathi. In addition, it has 9 qualified associates and lawyers who are specialists and experts in the firm’s three practice areas. These include Dellah Mwanzile and Eric Mose (associates in the Litigation and Arbitration) Catherine Nyambura, (Conveyancing Associate) and Valerie Cherono Letich (Corporate, Commercial and Conveyancing Associate). MMTK lawyers include Olive Muchoki, Joy Imali, Charity Wamuyu, Karambu Mugambi and Salome Waithera.

Njuguna Muri is an advocate of more than 24 years standing and the Senior Partner at MMTK who handles banking securities, finance, real estate transactions and corporate commercial work. He has wide experience acting for banks, financial institutions and companies in a wide range of lending and financing transactions, debt restructuring, inter-lending, take-overs and advising and acting for receivers-managers. He is also engaged in legal securities audits, estate planning and asset management, protection of intellectual rights and all types of business formations.

Martin G. Mwaniki is also an Advocate of over 24 years and a Senior Partner in the Dispute Resolution Practice. He is involved in representing clients at various levels of the Kenyan court system and tribunals, principally in civil, commercial and public law litigation as well as in arbitration and mediation. He also advises individuals and entities in setting up and aligning their transactions, products and processes with industry specific laws in various areas including banking and finance, securities, employment and human resource management, pensions and construction.

Eric Thige is the Managing Partner of MMTK and a Partner in the Dispute Resolution where he is actively involved in commercial litigation and arbitration matters being a member of Chartered Institute of Arbitrators. He has represented local and international clients in consumer protection, tax, banking, insurance, employment, environment, medical negligence, land and public procurement law at the Court of Appeal, the High Court, Environment & Land Court, Employment & Labour Court, Lower Courts and Tribunals and Domestic and International Arbitral Tribunals.

Kageni Kimathi is a partner in Corporate & Commercial Practice where she works with business of all sizes and levels from fast growing and high net worth business to small startups in providing practical solutions to their day to day business challenges and legal issues. She is recognized as a resourceful and innovative lawyer whose areas of specialization include Intellectual Property (IP) such as Trademarks and Patents, Employment Law Advisory, Retirement Benefits and Pensions, Business Transactions and Contracts and Company Secretarial being a Certified Secretary (CS).

A Group Photo of some of the Members of Muri, Mwaniki, Thige & Kageni (MMTK) Advocates Legal Team

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Related Topics:MMTK Law Muri Mwaniki Thige & Kageni (MMTK) LLP Top Law Firms in Kenya

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Law Firms

Understanding the Legacy of Wealth: Intro to Transgenerational Estate Planning

Published

2 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

2 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

6 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).