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MG Law Advocates: A Mid-Size Full-Service Law Firm that has Come of Age

Founded by Senior Advocate Paul Mwaniki Gachoka in 1993, MG Law Advocates (Formerly Mwaniki Gachoka and Co Advocates) is one of the few law firms in Kenya that can take pride in having grown organically through all stages of possible law firm growth from sole proprietorship to a small law firm to its current “medium-size” law firm.

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Paul Mwaniki Gachoka, the Founding Partner of MG Law Advocates whose vision has guided the firm for the last 28 years to date

In 28 years since its inception, MG Law Advocates has evolved into one of the leading corporate commercial law firms in Kenya providing an all-inclusive range of legal services and solutions for individuals, financial institutions, local & multinational organizations and foreign investors. The firm has not only maintained its founding status as a top litigation and commercial law practice but has also established a strong reputation as leader in conveyancing and property law and intellectual property matters.

Founded by Senior Advocate Paul Mwaniki Gachoka in 1993, MG Law Advocates (Formerly Mwaniki Gachoka and Co Advocates) is one of the few law firms in Kenya that can take pride in having grown organically through all stages of possible law firm growth from sole proprietorship to a small law firm to its current “medium-size” law firm by winning, retaining and growing its client base through a culture of motivation, commitment, and excellence.

The Premier Business Law Firm of Choice

Today, MG Law Advocates has a team of more than 15 lawyers including 5 Partners who enable it to provide the full-service range of legal services to its diverse clients comprising major corporate entities, Government institutions, private companies and individual clients. The firm is continually striving towards its vision of becoming the premier business Law Firm of choice by incorporating new practice areas and opportunities that adapt to the growing and ever-changing needs of our diverse range of clients.

In its quest to provide quality and premium legal services to its clientele, MG Law is driven by progressive professionalism, distinguished by fervent commitment to excellence and diligence, guided by an insatiable desire to build lasting relations, defined by pursuit of innovation through out of the box thinking and anchored on uncompromising integrity in all its dealings. The MG Law Team is committed to having a positive influence and impact on each other, its clients and the community through teamwork, partnerships, deepening and application of their skills.

MG Law Core Practice Areas

The firm’s practice is centered in three core areas: dispute resolution and recoveries, real estate and property and corporate and commercial law. The Dispute Resolution and Recoveries Department handles all aspects of dispute resolution including civil and criminal litigation, commercial litigation, constitutional and judicial litigation, family law disputes, probate and succession matters, insurance law cases, intellectual property disputes, public procurement disputes, debt collection, tax cases and alternative dispute resolution including arbitration, mediation and negotiation.

MG Law Real Estate and Property Department is involved in drafting, reviewing and registering security documents such as charges and mortgages, preparation and perfection of leases, transfers and assignments and subdivision of properties and obtaining titles. The firm has handled numerous conveyancing and securities documentation for most of the leading banks and financial institutions in Kenya and been involved in advising the project development of worth more than Ksh. 20 Billion.

The commercial and corporate law department of MG Law focuses on Mergers & Acquisitions, Capital Markets, Sale of Businesses, Incorporations, Regulatory Compliance, Intellectual Property including registration, renewal and licensing of trademarks, patents, copyrights and industrial designs as well as prosecuting applications and oppositions at Kenya Industrial Property Institute (KIPI). The firm also provides company secretarial services and consultation services to clients including international clients on varying areas of law such as Public Procurement, Energy Law, Privatization, Mining and Extractives Law, Infrastructure and Projects Law.

The firm’s clients are major corporate organizations and leading financial institutions including KCB Bank Group, NCBA Group and Paramount Bank, industrial conglomerates in Kenya such as Kenya Wines Agencies and Da Gama Rose Group, educational institutions such as Kenya School of Government and Commission for Higher Education, trading companies like Treadsetters, Government entities and parastatals like Kenya Railways, media houses like Royal Media Services, property developers and numerous famous private clients and companies.

MG Law Founding Partner & Team

Today, the big gamble that Paul Mwaniki Gachoka took two years after admission to the bar in establishing MG Law Advocates has paid off as the firm has expanded to its current status as one of the leading medium sized Law firms in the country. On his part Mr. Gachoka has also grown into a Leading Litigation Lawyer, Conveyancer and Arbitrator in Kenya with broad knowledge in handling complex and delicate legal matters. He is a law graduate of the University of Nairobi, a holder of Masters of Arts in Philosophy and Ethics from Strathmore University and an Advocate of the High Court of Kenya as well a Qualified Practicing Arbitrator.

Mr. Gachoka has unique on the job experience in Anti-Corruption and Economic Crimes matters (as a sitting Commissioner at the Ethics and Anti-Corruption Commission (E.A.C.C) since 2016), Energy Law Disputes (as a Member of the Dispute Adjudication Board for the Olkaria Geothermal Project since 2013), Competition Law, Merger and Acquisitions (as former Chairman of the Restrictive Trade Practices Board) and Public Procurement (as Chairman of the Public Procurement Administrative Review Board (PPARB) and member of the Public Procurement Complaints Review and Appeals Board (PPCRAB).

The other partners of MG Law Advocates are Raphael N. Gachoka, the Managing Partner of MG Law Associates and a Litigation specialist; Beatrice N. Kihagi, the Senior partner in charge of Conveyancing & Real Estate; Emanuel Mumia, the Head of the Litigation, Dispute Resolution and Recoveries Department; and Maureen Wambui Kibatha, the Head of Commercial and Corporate Law Department. The partners are supported by a team of 5 Associates, 5 legal assistants and over a dozen support staff and paralegals at service of MG Law’s diverse clients.

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Law Firms

Understanding the Legacy of Wealth: Intro to Transgenerational Estate Planning

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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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+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

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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.

+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

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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.

+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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