Our Commercial practice has a track record of advising leading corporates in their commercial transactions both locally as well as cross-border commercial transactions. We advise on compliance, preparation of contracts and agreements, joint ventures transactions, and business establishment. We also advise on Kenya’s governing business-related laws and regulatory frameworks.
Experience Highlights
- Advised on and drafted the security documentation for a Dutch-headquartered financial services company involved in receivables finance and factoring availed to its clients which are largely small and medium enterprises engaged in production, distribution and sale of agricultural produce. Also advised the company on all legal, corporate and tax matters relating to a capital injection and issuance of notes to an international capital firm.
- Some of the members at McKay were part of the legal team working under a consortium that advised the National Cereals & Produce Board on its restructuring.
- Advised a Nairobi Securities Exchange (NSE)-listed real estate company, on corporate restructuring, joint venture arrangements, Real Estate Investment Trusts (REITs) and on the need for and its continuous disclosure obligations to regulators as a public listed limited company.
- Also advised an NSE-listed real estate company on various commercial transactions and undertook the drafting of template legal documents comprising standard employee contracts, director contracts, joint venture agreements and checklists.
- Advised a County Government on and reviewed the Kenya labour laws, advised on a comprehensive Human Resource Management tool for the county and drafted the Human Resource Management Regulations.
- Advised an international Korean company in the consultancy and design of huge construction projects in Kenya, in the setting up of operations in Kenya and reviewed its commercial agreements.
- Some of the members of McKay were part of the team that advised on and undertook the legal structuring of the pioneer mixed-use development in Kenya, a work, live and play city currently still under development.
- Some of the members of McKay were in the team that advised a medical services provision company in two (2) rounds of investments by a private equity firm in investments worth more than USD. 3 Million. Also advised on several rounds of financing amounting to USD. 10 Million by the Finnish Fund for Industrial Cooperation Ltd by way of preferential redeemable shares including provision of legal advisory services in the drawing of the Investment Agreement, the Share Subscription Agreement, Shareholders’ Agreement and in the review of the Memorandum and Articles of Association of the target company.
- Some of the members of McKay were part of the legal team that advised one of the largest financial services organisation in East Africa in terms of asset size, in its restructuring that involved the incorporation of a new bank and the hiving down of its operations to the new bank and concurrently restructuring to set up a non-operating holding company to oversee its banking business operations in the East African region.