McKay has extensive experience and expertise in structuring, advising on and overseeing merger and acquisition transactions in diverse sectors and industries within Kenya and the larger East African region.
McKay advises both acquirers and target undertakings in all aspects of their pre-contractual negotiations, in the negotiations for the substantive contract documents for the implementation of the mergers and acquisition transactions and in all aspects of the necessary regulatory approvals for the effective implementation of the transactions including applying for and obtaining the approval of the Competition Authority of Kenya for national and international transaction and where applicable, the approval of the COMESA Competition Commission where the transactions have a regional perspective.
McKay also advises its clients on the legal issues relating to the post-acquisition or disposal integration or separation including employment issues, taxation and sector-specific licenses and regulatory approvals.
Experience Highlights
- Advised a multinational company registered in Hong Kong in drafting and negotiating a share acquisition agreement and shareholders’ agreement in respect of its intended acquisition of fifty percent (50%) shareholding in a Kenya-incorporated company which has a concession to finance, design, construct, install, operate and maintain a geothermal modular power plant of 35MW at Menengai in Nakuru County.
- Currently in the final stages of advising a Kenyan-incorporated Chinese company on all aspects of its intended acquisition of 100% shareholding of a real estate company operating within the Westlands area of Nairobi at a value of approximately USD. 5 Million.
- Advised the sellers in the acquisition of all the share capital of a Kenya-registered company involved in research and development of bio-pesticides processes by a big multinational Swiss company that produces bio-fertilizers and bio-pesticides.
- Advised the acquirer in the acquisition of all the share capital of a Kenya-registered company with an off-the-course betting licence from the Betting Control and Licensing Board.
- Advised an individual minority shareholder in a South African-headquartered company which is a leading African internet service provider offering solutions over satellite, fibre optic and wireless networks, in the intended disposal of his equity stake in the company to a Mauritian incorporated company as part of a global acquisition transaction of the company.
- Some of the members of McKay were part of the team that advised the existing shareholders of a mid-tier Kenyan bank in the collation of due diligence documents and in the negotiation of a share purchase agreement for the disposal of a stake in the bank to a group of international private equity firms.
- Some members of McKay were part of the team that advised a French oil giant, which was undertaking one of the largest acquisitions in the downstream petroleum industry within the East Africa region, in the acquisition of a stake in a local energy company with interests in the downstream petroleum sector and operating in Kenya, Uganda, Tanzania and Mauritius.
- Some members of McKay were part of the legal team that acted as local counsel to a Netherlands-incorporated company on the Kenyan competition law aspects affecting its acquisition of 100% shareholding in one of the world’s largest breeders of cut flowers, pot plants, seasonal products and perennial plants which had 3 subsidiaries in Kenya.Â
- Some of the members of McKay were part of the legal team that advised an independent card solutions company registered in Dubai, on all the Kenyan competition law aspects affecting its acquisition of the entire issued share capital of a global electronic payments services provider to banks, retailers, governments and consumer finance institutions across the Middle East and Africa.
- Some of the members of McKay were part of the legal team that advised a large state corporation in the disposal of part of its business in a heavily regulated asset disposal transaction.
- Some of the members of McKay were part of the team that advised a global telecommunication company in its sale of 267 Kilometers of fibre optic cable to a leading local telecommunication company.