ABOUT US - koassociates.co.ke · to thrive in Kenya. ... conveyancing, legal and regulatory compliance. ... and contractual documents required for the proposed transaction, such

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www.koassociates.co.ke

Kiptinness & Odhiambo Associates (‘KO Associates’) is a Regional Law practice providing high quality specialist and customized legal advisory services. We are the window to the region because we provide world class legal services in the local market.

We advise our clients on high profile and ground breaking transactions and have an excellent and varied client list that includes leading local and regional corporations, financial institutions and the Kenyan Government.

We are renowned for our commitment to excellence and for our ability to find innovative solutions to the most complex, multi-national and at times, first-of-its-kind legal problems. Our clients look to KO as their trusted counsel in the following key sectors:

• Corporate Finance;

• Technology, Media & Telecommunications;

• Projects (Energy & Infrastructure);

• Dispute Resolution.

Our goal is to be the firm of choice for clients with respect to their most challenging legal issues, most significant business transactions and the most critical disputes.

Our success is driven by that of our clients. Our clients are at the heart of how we work. We always anticipate what they will face next, adapt to the changes and provide them with the very best team, processes and solutions.

Our clients are at the heart of how we work and we always anticipate what they will face next, adapt to the changes and provide them with the very best team, processes and solutions.

ABOUT US


www.koassociates.co.ke www.koassociates.co.ke

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OUR APPROACHThree key features of our approach differentiate us; our client focus, innovativeness and our regional strategy. Understanding, anticipating & satisfying the client’s individual legal needs is, for us, a priority.

We offer excellent, seamless service across the full spectrum of disciplines required to execute multi-faceted transactions successfully. We counsel clients on increasingly intricate transactions with ingenuity & efficiency.

environment for the Technology sector to thrive in Kenya.

The KO team shares a commitment to providing our clients with the highest quality and most cost effective legal services in an atmosphere emphasizing teamwork, creativity, responsiveness and diversity. This commitment combined with our in-depth knowledge and experience in each of our practice areas allows us to deliver the highest level of service.

We are continually looking for innovative ways to leverage emerging technology to improve client service and advocacy. We keenly follow changes and global developments in Technology and the law to give our clients innovative, effective and timely solutions. We are actively involved with regulators, government agencies and policy making institutions to ensure the policies that affect the sector are legally sound and create an

Client Focus

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Innovativeness Regional Strategy

OUR APPROACH PRACTICE AREAS

CORPORATE FINANCE

PROJECTS (ENERGY & INFRASTRUCTURE)

TECHNOLOGY, MEDIA &TELECOMMUNICATIONS

DISPUTE RESOLUTION


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CORPORATE AND FINANCEfunctions to perform their annual legal compliance audit with regard to Corporate Governance, Financial management, Procurement issues, Work Safety, Licenses and approvals & Policies and procedures. We were also retained to advice the Authority on a collaborative agreement setting the IBM Research Lab housed at Catholic University of Eastern Africa including contractual advisory, negotiation for renewal and actualization of the goals of the collaborative agreement, legal audit of the collaborative agreement as well as negotiation of the new terms of the contract.

• Advising Microsoft EA Ltd, the world’s leading producer of computer software, on employment matters and the implications of terminating the employment of senior management, review of agreements between Microsoft and other companies about the law on outsourcing contracts in Kenya, review of relevant laws and policies relating to use of technology in relation to mobile money transfer, mobile banking and e-payment compliance and risk management and analyzing the risks involved in the use of information technology in conducting business in Kenya.

for a discharge of a debenture between Spar Nord A/S and Nordic Aviation.

• Retained by Safaricom Limited, the largest telecommunication services and mobile provider in Kenya, in their infrastructure and property management department to offer property advisory services, provide support services including drafting and review of the leases and licenses pertaining to their base stations all over the country. In addition, we offer regulatory compliance, representation in any contentious matters, and transaction advisory among other legal matters.

• Retained by the ICT Authority, a state agency tasked with the rationalization and streamlining of all Government of Kenya ICT

We pride ourselves on our understanding of the corporate sector, and place great emphasis on maintaining proximity to the industry, with our partners having worked in the sector whether at regulator or service provider levels

CORPORATE AND FINANCEOur Corporate & Finance Practice advises a wide spectrum of clients including large publicly listed firms, multi-national corporations, financial institutions, global technology firms, public and state corporations, government ministries and agencies, and multi-lateral financial institutions.

We regularly advise on a range of complex transactions including employment, mergers & acquisitions, equity & debt financing, joint ventures, project financing, infrastructure development & privatizations, conveyancing, legal and regulatory compliance.

We pride ourselves on our understanding of the corporate sector, and place great emphasis on maintaining proximity to the industry, with our partners having worked in the sector whether at regulator or service provider levels. Through this proximity, we are able to anticipate and advise on any commercial and technical issues that may arise in a transaction.

Our recent transactions in Corporate and Finance include:

• Acting for Nordic Aviation Capital, a Global Leader in Regional Aircraft Leasing with a current fleet of over 350 aircraft valued in excess of 4 billion dollars,


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Energy and infrastructure are more than just sectors. They are fundamental drivers of economic, political and social progress across the globe and particularly in emerging economies like Kenya and the East African Region. KO is at the forefront of developments in these industries in this region.

KO advises a wide variety of multinational clients, including oil and gas companies and state corporations, power and utility firms, private equity funds, banking and insurance companies, real estate developers, Development Finance Institutions (DFIs), Multilateral Finance Institutions (MFIs) and the government on projects and projects financing. We provide our clients with a totally integrated service on all aspects of the projects work, drawing on the projects team specialist skills in all the relevant parts of the law.

Our broad experience advising the full range of market participants means we are able to anticipate and understand issues and problems that may arise during the course of a project and find constructive solutions to them.

transaction structuring issues related to the selection of a suitable PPP arrangement and drafting all legal and contractual documents required for the proposed transaction, such as the bidding documents, license or concession agreements.

• Advising Powerhive Inc, a technology venture that partners with utilities and independent power producers to provide access to productive, affordable, and reliable microgrid electricity to rural homes all over the globe. The scope of our advice was on, but not limited to project development legal advisory, permitting and licensing process, project documentation and project finance work in the development of solar powered micro-grids for generation, distribution, and supply of 3,000kW of electricity through 100 solar mini-grids, in 100 villages in two counties in Nyanza Province.

• Advising Kenya Association of Manufacturers (KAM) on Development of County Sustainable and Clean Energy Policies for Nairobi which is the hub of commercial activity in East Africa and Machakos County which is the industrial hub in Kenya. The scope mainly involved drawing out the key policy questions that would shape the energy landscape with regards to the energy mix, generation, distribution, connectivity, fees and all aspects regarding energy and sustainability.

17.5 BILLION

8 BILLION

3000kW

budget for the Digital Literacy Program where we were the

legal counsel to Information and Communication Technology

Authority (ICTA)

the project budget for developing the 2nd Nyali Bridge where we

provided transaction advisory to Kenya Urban Roads Authority (KURA)

the kilo watts of electricity Powerhive Inc is planning to provide to 100

villages in two couties through solar mini-grids

PROJECTS IN ENERGY & INFRASTRUCTUREOur recent transactions Projects in Energy & Infrastructure include:

• Advising the Information and Communication Technology Authority (ICTA) on the Government of Kenya’s Kshs. 17.5 Billion Digital Literacy Program (DLP) which entailed provision of 1.2 Million digital devices for both learners and teachers aimed at integrating the use of digital technologies in learning. They sought our counsel on all legal and regulatory requirements for the public procurement of the project, drafting of key project agreements and documents and obtaining Government approvals as required under Public Procurement and Asset Disposal Act 2015.

• Advising the Kenya Urban Roads Authority (KURA) and the PPP Unit of the Ministry of Finance on the Kshs. 8 Billion development of the 2nd Nyali Bridge through Public Private Partnerships, whose primary objective is to decongest the existing Nyali Bridge and serve the daily traffic volumes between Mombasa Island and the North Coast Mainland. The transaction advisory services involved undertaking a due diligence of all legal and contractual issues associated with the Project and on the risk allocation and other


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• Advising Liquid Telecom, a major player in the telecommunication sector, in all legal matters including regulatory compliance, competition law, service operations solutions, ICT infrastructure, negotiations, drafting and review of various telecommunication agreements and business continuity services.

• Advising Konza Technologies Development Authority (KoTDA), which is responsible for overseeing the development and management of Konza City, and for establishing a strong value proposition for businesses to locate and expand in Konza, in all their legal issues including, preparation of service level agreements, regulatory compliance, policy analysis, regulatory review, ICT infrastructure, company secretarial services and legislative drafting.

• Advising Argon Telecom Services, a recent entrant in the Kenyan telecommunication sector offering various services in the market. Our scope of work includes regulatory compliance, competition law, service operations solutions, ICT infrastructure, negotiations, drafting and review of various telecommunication agreements and business continuity services.

media house acquisitions and regulatory review and policy analysis.

• Acting for Standard Group Limited, a leading publishing and broadcasting businesses in Kenya; through print media, TV and Radio Broadcasting, outdoor advertising and digital media, in representation in contentious matters, regulatory compliance and business continuity services.

• Acted for TESPOK in preparation of RFQ and preparation of the tender for the hosting of the Kenya Internet Exchange Point (KIXP); Advised on data protection & confidentiality, regulatory compliance and intellectual property.

TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS (TMT)Global technology firms, major media houses and telecommunications companies and financial institutions rely on our TMT team to provide specialist legal services. This is because we bring the right mix of industry knowledge and experience to their most challenging and complex legal, regulatory and compliance issues. We invest time to understand our client’s strategic objectives, offering relevant and practical advice. We have distinguished ourselves as one of the leading TMT lawyers in Kenya.

We offer our clients high quality, innovative and solution oriented advice which aligns with their goals. We pride ourselves on our understanding of the TMT sector, and place great emphasis on maintaining proximity and developments in the industry. We are able to anticipate and advise on any commercial and technical issues that may arise in a transaction.

Our recent transactions in TMT include:• Advising Radio Africa Group, a

top Radio, TV and Newspaper Media House in the region, in all legal issues including transactional advisory, representation in contentious matters, license applications,

We invest time to understand our client’s strategic objectives, offering relevant and practical advice. We have distinguished ourselves as one of the leading TMT lawyers in Kenya.


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DISPUTE RESOLUTIONOur Lawyers are experts in the conduct of litigation, arbitration, mediation and other alternative dispute resolution mechanisms in the most efficient and cost effective way. We are committed to resolving disputes as efficiently as possible and are focused at offering solutions that are practical and make commercial sense.

Our main priority is to resolve disputes quickly and effectively with as little disruption to business as possible. We guide our clients in determining the most relevant manner in resolution of their legal problems be it Litigation, Arbitration or Alternative Dispute Resolution. We focus on the issues that matter to clients and how the dispute resolution process can be managed to deliver the optimum result for the client.

We advise on a wide range of contentious matters, including shareholder disputes, contractual claims, and general disputes around insolvency, real estate, environment, employment, intellectual property, fraud, and regulatory compliance.

partners and our firm was retained by the majority shareholders to represent them in corporate disputes with their JV Partner leading to suspension of the project. The arbitration has been finalized.

• Acting for Sandhoe Investments Limited in a dispute arising from the sale of two of aircraft and the payment of the purchase price. The issues were determined in arbitration and later on parties negotiated a settlement involving transfer of the aircraft and payment of the balance of the purchase price.

• Acting for Safaricom in the Habeus Corpus Application in the Matter of Willie Kimani(deceased), where an Advocate of the High Court of Kenya and his client together with their taxi driver disappeared while leaving court. The disappearance resulted in filing of a high-profile application for habeus corpus application in the High Court by the Law Society of Kenya. The petitioners enjoined Safaricom Limited seeking to have the telecommunication company compelled to supply Call Data records of the deceased and his counterparts.

We are committed to resolving disputes as efficiently as possible and are focused at offering solutions that are practical and make commercial sense.

DISPUTE RESOLUTION

Our recent representative matters in Dispute Resolution include:

• Acting for Nordic Aviation Capital, a Denmark registered Aviation Leasing and Finance Company, in an action to recover unpaid lease fees and remedial compensation for an Aircraft leased to a Kenyan operator.

• Acting for Hacienda Development Holdings Limited in a Construction Arbitration with aspects of corporate disputes and winding up. This was a joint venture project company for developing a large housing project in the coastal city of Mombasa in an eco-friendly ‘Hacienda’ style. The Project is valued at over USD 20 Million. A dispute arose between the


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Some of our clients include: These are our key people in the firm. They are all at your disposal, individually and collectively. Between us, we will put together the team bespoke to your needs.

Stephen KiptinnessSenior Partner

Email: [email protected]

Practice Areas: Technology, Media & Telecommunications (TMT)

Dispute Resolution

Corporate & Finance

Expertise: Intellectual Property Law, Telecommunications, Technology & Media Law, Corporate law, Commercial Litigation & Arbitration, Competition Law and Cybercrime & Security Law

Crispine OdhiamboManaging Partner


Practice Areas:Projects (Energy & Infrastructure)

Corporate & Finance

Arbitration

Expertise: Corporate law, Energy Law, Public Procurement Law, Real Estate Law, Mergers & Acquisition, EAC Treaty Law, Commercial Litigation and Arbitration

CLIENTS OUR PEOPLE


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Nzilani MweuManaging Associate


Practice Areas: Technology, Media & Telecommunication (TMT)Dispute Resolution

Expertise: Intellectual Property Law, Telecommunications, Technology & Media Law, Corporate law, Commercial Litigation & Arbitration, Competition Law and Cybercrime & Security Law

OUR PEOPLEOUR PEOPLE

Patricia Muma Associate


Practice Area: Corporate & Finance

Expertise: Corporate law, Banking & Finance, Real Estate Law, Employment Law, Commercial Law, Mergers & Acquisitions and related litigations.

Caroline MainaAssociate


Practice Area: Projects (Energy & Infrastructure)

Expertise: Corporate law, Energy Law, Public Procurement Law, Real Estate Law, EAC Treaty Law, Public Private Partnership

Benta OgongoAssociate



Expertise: Corporate law, Banking & Finance, Real Estate Law, Employment Law, Commercial Law, Mergers & Acquisitions

Mutindi MuemaAssociate


Practice Area: Technology, Media & Telecommunication

Expertise: Legal Writing & Drafting, Technology, Media & Telecommunications Law, Intellectual Property & Medical Law

Bruno SitumaAssociate


Practice Area: Dispute Resolution, Corporate & Finance

Expertise: Commercial Litigation & Arbitration, Employment & Labour Law, Banking & Finance Law, Corporate Law, Legal & Regulatory Compliance & Audits


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AWARDS

K&O has distinguished itself as a highly rated commercial law firm and consistently achieves the highest rankings.

The firm has been cited as having:

“consistently flexible approach towards problem solving while maintaining an objective view of the difficult regulatory environment in which we operate”

In 2013 and 2014, the firm was recognized by Client Choice for the exemplary service of our lead partner in TMT, Stephen Kiptinness. Client Choice recognizes law firms and partners around the word that stand apart for the excellent client care they provide and the quality of their service.

In 2015, the firm was recognized at the annual Finance Monthly M&A Awards for the outstanding service of our Lead Partner in Corporate and Finance practice, Crispine Odhiambo. The M&A Awards recognize the achievements of advisory and legal firms that play a crucial role in any merger and acquisition process.

NETWORKS & AFFILIATIONS

Praelegal KO Associates is a member of Praelegal, a leading global legal and consulting network of more than 130 independent law firms all around the world and which is rapidly growing.

While in Kenya, clients of Praelegal benefit from our firm where we are fully focused on their sectors, wholly understanding the challenges that they face and are in tune to their needs. This is bred out of a long-term view of Praelegal’s legal approach in understanding the distinct demands that each client faces which enables us to build bespoke services to suite each relationship. We work together with our network of international partners to provide seamless cross-border solutions for our clients.

Praelegal believes that one size does not fit all when it comes to adding value to client relationships. Hence by building value through collaboration and flexibility we aim to attract diverse range of professional people to create a rich pool of talent that will have a direct contribution to the value of legal service we provide.

www.praelegal.de

OUR PEOPLEAlex KuboAssociate



Expertise: Legal & Regulatory Compliance & Audits, Corporate Law, Real Estate Law, Employment & Labour law, International Trade and Investment Law


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14th Floor, North Wing, 4th Avenue Towers,4th Ngong Avenue,P. O Box 42713-00100 Nairobi, KENYATel: +254 (020) 271 3977Email: [email protected] [email protected]

Documents

ABOUT US - koassociates.co.ke · to thrive in Kenya. ... conveyancing, legal and regulatory compliance. ... and contractual documents required for the proposed transaction, such