Regulatory & Public Sector
The Firm has wide experience in regulatory and public sector work. Its partners and lawyers have acted in major public sector commercial transactions, advisory assignments, project structuring as well as representing Government bodies, constitutional commissions and parastatals in court and before the Public Procurement Tribunal in a wide range of matters.
The Partner in charge of the Public Sector Division is also a member of the Medical Practitioners and Dentists Board and also sits in several committees of the Board. He has given guidance in legislative drafting and drafting of different charters and instruments relating to the medical and dentistry practice in Kenya.
The Firm also undertakes training of different public bodies using its wide expertise.
Below is a list of selected transactions and assignment undertaken by the firm’s lawyers for a variety of public sector entities:
- Currently acting for KCB Bank in putting up a defence against the penalties levied against them by the Central Bank of Kenya. The matter entailed an in-depth review and analysis of the Kenyan anti-money laundering laws and a review of the Bank’s compliance manual.
- Currently advising a telecommunications company on compliance with the competition regime following the release of the Analyses Mason Report on competition in the telecommunication sector.
- Advising the National Health Insurance Fund (NHIF) in the preparation of contracts with over 7,000 health service providers in Kenya with the objective of assisting NHIF provide accessible, affordable, sustainable, equitable and quality social health insurance through optimal utilization of resources to the satisfaction of stakeholders. The transaction included a comparative analysis of jurisdictions that have successfully implemented the provision of social health care.
- Contracted to review and propose amendments to the Co-operative Societies Act and the Saccos Societies Act.
- Part of the consortium that is currently conducting a feasibility study and advising on the legal and regulatory framework relating to the setting up of a 300 bed private hospital under the PPP model.
- Currently acting as the lead legal counsel for the PPP Unit, National Treasury in the Kenya Infrastructure and Public Private Partnership project for construction of hostels in five public universities in Kenya. This is one of the largest and among the first infrastructure projects to be undertaken in Kenya by the Government under the public private partnership model. MMC has been key in the completion of the feasibility study on the above project as well as conclusive conducting due diligence on the land involved therein.
- Involved in a comprehensive legal due diligence exercise as legal counsel of the Kenya Railways Corporation at the relevant government registries tapping into various issues affecting property interests within the SGR Corridor as well as reviewing on going cases filed in court to challenge the Project. MMC Africa Law is also reviewing the previous awards preferred by the Government in favour of various land owners. On completion, our due diligence report will inform the basis and inscribe the guiding principles and determinations in making a determination of the compensation sums, if any, payable to the owners of the properties affected. The duty to compensate land owners for land compulsorily acquired is a constitutional obligation.
- Advising the Privatisation Commission of employment arising out of the proposed privatization of five public owned sugar companies, namely Muhoroni, Sony, Nzoia, Miwani and Chemilil.
- Acted as the Legal Team Leader in advising National Oil Corporation (NOCK) in the acquisition transaction in respect of part of BP Kenya Limited’s retails service station outlets by National Oil Corporation.
- Served as the transaction legal advisor to NOCK in the USD10M acquisition of certain assets of Total – Chevron Kenya.
- Acted as Team Leader in the legal advisory team to the Privatization Commission on two on-going privatization transactions; the privatization of the five government owned sugar companies and the sale of 25% shareholding by the Government of Kenya in East Africa Portland cement.
- Acting as Legal Team Leader in the largest privatization project in East and Central Africa on the sale of 25% of the Government of Kenya’s shareholding to the public and subsequent listing of Safaricom Limited on the Nairobi Stock Exchange. This was one of the largest Initial Public Offerings in Africa.
- Acted as Legal Team Leader in advising on the acquisition of business and assets of former Kenya Co-operative Creameries (KCC) by Government of Kenya and transfer to New KCC.
- Acting for Kenya Medical Research Institute, a State Corporation established under the Science and Technology (Amendment) Act, in an on-going case filed by a former Director who is claiming a sum of KES 240Million.
- Acting for Kenya Medical Research Institute, a State Corporation established under the Science and Technology (Amendment) Act in another suit filed by former researchers who are seeking a sum of KES 100Million.
- Advised Geothermal Development Company on the largest and the biggest geothermal arrangement in respect of the utilization, operation and maintenance of GDC’s 59 geothermal wells situated in the Olkaria basin with a production capacity of about 280 MW. This is the largest and the biggest geothermal arrangement of this kind in the region.
- Advised the Regional Government of South Sudan in drafting procurement documents in connection with the design, tender, procurement and construction for a 30 MW thermal power plant at Juba, South Sudan for South Sudan Electricity Company (a state-owned power producer operating a thermal power plant at Juba) as well as the associated electricity distribution network.
- Advising the National Oil Corporation on employment matters arising out of to the proposed sale of one of its terminals.
- Acted for National Oil Corporation of Kenya in a construction dispute arising from termination of contract that is before an arbitral tribunal wherein the claimant is seeing damages of KES 148,636,801 further to other reliefs.
- Acted for Independent Electoral and Boundaries Commission (“IEBC”) of Kenya and represented it in matters relating to the general election conducted on 2013 and is currently retained by the Commission in defending disputes on pre-election preparations for the elections slated for 8th August 2017. It has so far successfully represented the IEBC in matters before the Public Procurement Administrative Review Board on the tender for purchase of the Kenya Integrated Elections Management System for use in the next general elections.
- Represented the Geothermal Development Company in the High Court and the Environmental and Labour Relations Court in diverse matters before these courts.
- Advised the Meru County Investment & Development Corporation on protection and registration of its logos in Kenya.
- Advised the University of Nairobi’s commercial arm, University of Nairobi Enterprises and Services (UNES) Limited, in structuring a proposed public private partnership for the development of a hotel, conference centre, mall and serviced apartments on a prime seven acres a parcel of land in the heart of Nairobi.
- Acted as the legal adviser to a consortium that includes one of the largest banks in Kenya, KCB Bank Kenya Limited, that has won a tender to redevelop one of the estates in Nairobi, New Ngara Estate to construct a minimum of 1,300 modern and affordable housing units, a commercial centre, office blocks and other social amenities. We shall advise and negotiate the terms of the joint venture agreement with the County, the various transactional documents with the consultants in the project, legal documentation relating to the interest in the project land, structure the project financing for the cost of the development, structure the provision of the off-site trunk infrastructure with different governmental bodies, advise on a Master Plan for the project in line with the development and design vision, linkages between various parts of the physical parcel, services and common areas and participate in the review and interrogation of the sales and marketing strategy as well as the urban management strategy as well as the sales to the end users. We shall also be required to draft the various substantive contracts required to operationalise the joint venture agreement which include; a direct agreement in the event the joint venture is terminated, then another entity can take the place of the consortium and take over and finalise the construction and sales, the escrow agreement where the funds for the project shall be channelled and the different ways in which the construction costs and mark up for the county shall be treated and the different agreements with the technical experts.
- LANTech (Africa) Limited: MMC is the legal adviser to LANTech (Africa) Limited which has won a tender to redevelop one of the estates in Mombasa, Buxton Estate to construct a minimum of 2,500 modern and affordable housing units, a commercial centre, office blocks and other social amenities. We are advising on the terms of the joint venture agreement with the County, the various transactional documents with the consultants in the project, legal documentation relating to the interest in the project land, structure the project financing for the cost of the development, structure the provision of the off-site trunk infrastructure with different governmental bodies, advise on a Master Plan for the project in line with the development and design vision, linkages between various parts of the physical parcel, services and common areas and participate in the review and interrogation of the sales and marketing strategy as well as the urban management strategy as well as the sales to the end users.