FIRM PROFILE
Contents THE FIRM 1 Firm Overview 1 Mode of Charging Fees
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Hiring and Recruitment 1 Corporate Social Responsibility
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AREAS OF PRACTICE
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Taxation Services 2 Banking and Finance Law
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Litigation and Alternative Dispute Resolution
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Risk Advisory Services 6 Mergers and Acquisitions 7 Corporate and Commercial Law
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Immigration Services 9
QUALITY OF SERVICE
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OUR TEAM 11 John M. Kimani 12 Joseph Wakaba 13 Lenkidi Dickson 14
THE FIRM FIRM OVERVIEW The firm of Kimani Mwangi Advocates LLP is located at The Watermark Business Park, Ground Floor, Ndege Road, Karen in Nairobi. Founded in 2020, Kimani Mwangi Advocates LLP is under the Management of John Kimani Mwangi Advocate. The firm has built up a skilled team of lawyers, para-legal staff capable of undertaking wide variety of legal work and achieving customer satisfaction in every completed transaction. Kimani Mwangi Advocates LLP is established based on the dedication to uphold and respect the rule of law and proper justice administration. Besides, the firm comprises of a team dedicated to the defence and assertion of human rights with its practices aligned to the establishment of a fair justice system that addresses the diverse needs of the people. Therefore, the firm’s values and operations encourage its workforce to continue confidently and bravely to challenge injustices and support the public in seeking for justice.
MODE OF CHARGING FEES Service fees vary depending on the nature of the legal issues and per the Advocates Remuneration Order (ARO) guidelines. The complexity of the problems and number of parties involved determines whether the services are to be charged on a fixed retainer or hourly rate basis. The experts strive to maintain transparency throughout the charging process by ensuring that charges are discussed during the initial meeting, where clients are provided with estimate costs as well as throughout the engagement process. Clients’ financial inputs and concerns are highly valued and encouraged to ensure that the fees charged are fair and align with the striving to become Kenyan Advocates are selected through quality of the services provided. Kimani Mwangi LLP pro- an interview. Successful candidates for this program must fessionals maintain practical attention and commitment to be Kenya School of Law students. their responsibility to ensure that all clients achieve maximum value of their money as well as desired justice.
HIRING AND RECRUITMENT Kimani Mwangi Advocates LLP implements recruitment procedures that seek to hire the best talents and fosters cultural inclusivity to meet the varying needs of diverse clients. Kenya, as a nation, comprises of different local and foreign cultures which require culturally competent professionals formed by people from varying backgrounds working in an inclusive environment. Besides, the firm values the need for a learning culture where the experts are provided with a working environment that encourages continuous improvement. This goal is achieved through the implementation of a six-month training program where two aspiring lawyers
CORPORATE SOCIAL RESPONSIBILITY
The law firm dedicates its services and expertise to stand up for the rights and principles of the general society through the provision of pro bono services. Under the guidance of Senior Partner, Kimani Mwangi, the firm has strengthened its commitment to making a substantial contribution to the betterment of the community. The provision of pro bono facilitates access to legal assistance to people incapable of hiring expertise, thus promoting community-based activities. Besides, the company provides pro bono advice to indigent litigants desiring court filing fees exemption under the Civil and other Procedure rules.
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AREAS OF PRACTICE We aim to provide a wide and comprehensive range of legal services allowing our clients to consider us to be an integral part of their businesses. The Partners of the firm have a varied educational background and our exposure to and qualifications in various jurisdictions help us to better understand our clients’ aims, both locally and from an international perspective, and to find solutions to their needs. Continuing education further enables us to import new views and ideas into our practice to meet the changing demands of our clients in a growing, globalised and liberal economy.
TAXATION SERVICES The complexity of the Kenyan taxation system requires individuals and corporations to seek professional advice before engaging in specific contractual arrangements and transactions. The law firm’s team of professionals is determined to assist clients in understanding the tax implications involved in each agreement or transaction. Services offered include:
Tax litigation Services Failure to agree with KRA taxation conditions, insufficiency, or exhaustion of Dispute Resolution Mechanisms when dealing with specific concerns can require dispensation from courts. In such cases, legal consultants play vital roles which include: • • • •
Seeking court orders following the occurrence of administrative excesses from government bodies Offering relevant interpretations of taxation laws Offering advice regarding proper action in the event of disputes Representing clients on matters related to tax implications of the transactions and other engagements
Tax Transactional Advisory We offer tax advisory services to local and foreign companies and individuals on seven core taxation areas: Income Tax, which involves Corporate Tax, withholding tax and personal tax, Value Added Tax, International Tax, Transaction Advisory, and Global Employment Services.
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Ad-hoc advisory services Long-term operations in Kenya expose businesses and individuals to various regular tax issues such as personal taxes, VAT, withholding taxes, and corporate tax. Our ad hoc advisory services assist in resolving such matters through channels such as short meetings, telephone calls, emails, and brief reports.
Tax compliance services All trading entities are required to adhere to Kenya’s tax laws and regulations. The firm assists in various aspects, including: • •
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Constructing annual income tax computation and other follow-ups such as clarifications Assistance in reviewing draft and final accounts in the determination of taxable income sources and identification of any areas that may raise concerns Assistance in the completion and submission of financial statements and self-assessment returns
KRA Audit Support Tasks Although Kenya has a self-assessment taxation system, KRA has the authority to conduct audits to determine the authenticity of the data submitted. Legal counsel assists in reviewing correspondences shared with KRA and responding to and analyzing issues during the inspection. In cases where legal issues arise from the audit, lawyers determine whether there is an adequate basis to challenge the claims. Legal counsel is critical throughout the auditing process to ensure that business owners and individuals with limited legal know-how are not exploited.
Tax Health-Checks KRA requires most businesses to acquire Tax Compliance Certificate before beginning their operations, failure to which can lead to inconveniences such as delays. Tax health-check services ensure that our clients comply with tax regulations, which are subject to dynamic annual changes. KRA has, over the years, increased its scrutiny to manage revenue leakage, making it essential for all investors to ensure compliance.
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BANKING AND FINANCE LAW The operations of the financial and banking institutions require strict regulation due to their impact on a country’s economy. These institutions are subjected to various governance and reporting requirements, distinct tax conditions for different transactions and restrictions on specific stock purchases. Our company offers professional services involving legal analysis of issues affecting the finance sector and long-term and short-term implications on the financial institutions. Following the considerable accumulation of knowledge, skills, and experience in this field, our experts engage in various activities, including: • • • • • •
Representing clients in regulatory compliance and lending Providing advice on various financial issues affecting the institution’s operations Data security and risk management Electronic banking and payment systems Securitizations Fiduciary activities
In addition to working with financial institutions, our team works with other corporate entities. They include hospitals, insurance firms, and telecommunication companies to provide financial services such as bank lending, project and property finance, capital markets, assets finances, and acquisition finance. Banking and finance lawyers assigned to work with different clients either act as representatives of the lender or the borrower as well as focusing on the transactional aspects of deals arrangement. These services are customized to meet each unique customer’s needs and align with the legal requirements of each case and situation. Banking and finance law services support clients in attaining mutually satisfying terms alongside ensuring the upholding and adherence to relevant laws and regulations. Based on the current complexity of the financial sector, seeking professional assistance is critical to ensure that all signed deals maintain the best interests of the business and its stakeholders. Banking and finance lawyers are keen to details and apply analytical fact-checking, ensuring that the financial and corporate institutions make informed decisions.
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LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION The law firm offers litigation and dispute resolution services on both criminal and civil matters using highly qualified legal experts and a broad scope of legal knowledge. Client concerns, the nature of the issue, and laws involved inform decisions on resolution and litigation strategies. Our team of professionals manages dispute resolution and litigation through trusted judgment, experience, and insights that encourage the adoption of strategies unique for each case. This level of expertise enables the law firm to provide accurate legal advice based on up-to-date information regarding any changes to the law or the situation. Our clients are thus guaranteed access to high quality and reliable services. Our experts have actively participated in challenging legal issues that have facilitated the accumulation of knowledge and experiences. As a result, the team manages to implement a sound approach to various legal problems, whether in tribunals, courts, or through other alternative resolution channels. Persuasive, skilful, and innovative advocacy techniques are the basis for the professionals’ effectiveness in litigating and resolving legal issues.
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RISK ADVISORY SERVICES In the daily operations of businesses, the management and their workforce teams encounter multiple risks targeting their reputation, clients, services, assets, and personnel. Failure to attend to these risks could lead to slow growth, reduced revenues, and undermine the success of various projects. Risk advisory services facilitate the identification, evaluation, and minimization of threats through the involvement of a highly qualified team that conducts risk assessments. Threat assessment is an essential strategy to identify the company’s vulnerabilities, which can hinder business success in both local and foreign markets. Armed with a wide range of experience and industry knowledge on flexible safety options and collaborative risk-based approaches, our team of experts offers risk advisory services on: • • • •
Regulatory risks: assistance to ensure that clients adhere to various rules and regulations relevant to their businesses and respective operations Political risks: legal advisors are updated with current election trends and cycles, which often affect business environments. Tax compliance risks: clients receive assistance related to operational and transactional tax obligations, ensuring compliance. Crime risks: legal counsel is essential in the assessment of the security of a region. The experts engage in the identification of potential threats and crime trends that may undermine the success of a client’s business or project.
Risk advisory services improve an organization’s ability to protect the business and its success, consequently enhancing the value delivered to stakeholders. Besides, understanding vulnerabilities and threats significantly contributes to the business’ sustainability. Our firm’s experience and skills guarantee high-quality risk assessment services essential in mitigating and avoiding risks that can undermine an organization’s operations and reputation as well as threatening clients, employees, and assets.
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MERGERS AND ACQUISITIONS Due to the current competition in the business environment, mergers and acquisitions have become common as investors maximize on potential business growth. Companies merge or acquire in an attempt to expand market share and diversify business operations. The various transactions and arrangements involved in these processes require the engagement of law experts to address and avoid severe legal implications, which could harm the business. Our team of legal experts offers various services throughout the processes of mergers and acquisitions, which include: • • • • • •
Provision of advice to local and foreign clients regarding the acquisition of shares Representing financiers, acquirers, and sellers throughout the processes to ensure efficiency and transparency of the transactions Overseeing and providing advice regarding the transfer of the business and other assets Preparing necessary purchase and sale agreements Acting on behalf of clients to seek and obtain approval from relevant authorities Provision of advice regarding joint ventures structuring
Unifying different companies through multiple transactions can lead to varying legal issues such as delays or challenges in the structuring of the deal, processing payments, and working capital adjustments. The companies also require the signing of the sale and purchase contracts, requiring due diligence to prevent future financial and legal problems. The involvement of legal counsel ensures that the deals signed are mutually satisfactory. Our mergers and acquisitions legal team are determined to ensure that the necessary confirmations and commitments required to complete the deal are met. They will also obtain proof to ensure that the equipment, property, and the intellectual property such as patents, copyright, and trademarks sold belongs to the seller, in addition to assessing any legal cases and contractual obligations.
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CORPORATE AND COMMERCIAL LAW Business owners can avoid breaking the law and eliminate unnecessary hassle and costs by ensuring that they understand different aspects of corporate and commercial law. Corporate law involves regulations associated with shareholder rights, the formation of companies, and mergers and acquisitions. Business law, on the other hand, includes policies that deal with selling and distribution of goods. Our corporate and commercial lawyers are committed to providing clients with up-to-date information and services on all aspects of both local and international legal practices. The services offered vary depending on the need of each client. However, the general assistance provided include: • • • • •
Provision of expert advice on start-up options to both local and foreign investors Guiding investors throughout licensing and regulatory processes and requirements Ensuring compliance with all necessary laws and regulations Providing information on the restructuring of companies Assistance in the drafting of standard form documentation and bank security documents such as debentures, mortgages, charges and registrations
Regulating commercial and corporate laws guide aspects such as security and workforce safety, and control stock purchases. These provisions directly affect companies’ operations, making it essential to understand all the necessary legal requirements and their implications. Our company is dedicated to ensuring that clients receive quality and detailed advice based on updated and comprehensive information. Our clients include, but not limited to, multinational companies, insurance companies, banks, private equity fund investors, closely held and publicly traded companies, and mutual funds, pension funds, and private equity fund investors.
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IMMIGRATION SERVICES Foreign nationals require immigration and work permits to settle down in Kenya to avoid legal consequences. Acquiring these permits involves procedures that may be extended and confusing for foreigners aspiring to invest or work in Kenya. As a result, our firm offers services such as the application for passes and permits, providing advice on and applying for citizenship, document processing, and guiding multinationals that wish to hire expatriates. Opting to engage law firms in immigration matters reduces foreigners’ burden of undergoing lengthy legal procedures, which can delay business operations. The process involves filing and completing an application form alongside other relevant documents such as copies of the foreigner’s passport and passport-size photographs. These documents are further submitted to the Department of Immigration Services for processing and approval. Having dealt with multiple immigration issues in the past, our team of professionals has adequate knowledge and competencies required to provide quality and timely services. Besides, the experts’ guide through work permits renewals, which are required every two years. The law firm also offers additional services such as applications for reviews and appeals. Due to the company’s substantial experience with crime issues associated with Kenyan immigration laws, services related to deportation, repatriation, and illegal residence are offered. Both local and foreign nationals dealing with immigration matters concerning other issues such as human rights, unfair treatment, and other injustices are guaranteed quality and unbiased assistance.
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QUALITY OF SERVICE We offer high-quality services to both corporate and private clients. The law firm and its professionals strive to provide innovative resolutions to legal challenges, contributing to the development of the Kenyan legal sector. Following the law firm’s active involvement in challenging and high-profile investigations and cases, it has consistently accumulated experience and knowledge relevant in addressing regulatory, civil, and criminal problems. Examples of successful legal procedures the firm participated in including the Kenyan Presidential Election Petition Number 1 of 2017. These procedures increase the firm’s competencies and increase its competitive advantage in the Kenyan Law industry. To achieve this goal, we keep a keen eye on developments in our practice areas in other jurisdictions, particular in the Commonwealth. Important to us also are our private clients who have been an integral part of the steady growth of our firm.
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OUR TEAM The Firm has now a total of Two (2) Advocates and 3 internal and external support staff. The firm’s focus lies in corporate and commercial law in Kenya and the region, with particular emphasis in banking and securitization, project corporate finance, mergers and acquisitions, conveyancing and property law. In addition, the firm has built up a substantial practice in commercial litigation as well as corporate and debt recovery.
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JOHN M. KIMANI Mr. Kimani is passionate in supporting our Clients with seamless legal solutions that contribute to fast tracking of business decisions by providing flexible, timely and easily consumed legal services. He is a firm believer of the need to understand the Client’s needs and providing effective solutions to meet those needs. Kimani Mwangi holds a Bachelor of Laws degree (LL. B) from the University of Nairobi, School of Law. He also holds a Post Graduate Diploma from the Kenya School of Law. He has represented clients and defended claims in The High Court, Employment and Labour Relations Court, Environment and Land Court and Chief Magistrate’s Courts at various stations across the country. Mr. Kimani Mwangi has represented various high-profile clients including being the principal assistant to lead Counsel Fred H. Ngatia before the Supreme Court of Kenya in Presidential Election Petition No. 1 of 2017 in this case H.E. Uhuru Kenyatta the 3rd Respondent was the client. Mr. Kimani Mwangi has also represented Kenya Revenue Authority (K.R.A) before the Court of Appeal, Vaghjiani Enterprises Limited (VEL) in multi-billion shillings construction claims before Mr. Festus Litiku (Chartered Arbitrator).
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JOSEPH WAKABA Joseph Wakaba is a partner at the law firm of Kimani Mwangi Advocates LLP. Mr. Wakaba is an experienced dispute resolution lawyer. Wakaba specialises in criminal defence, commercial disputes, land and environment disputes, employment and labour disputes and trade unions disputes. Wakaba holds a Bachelors of Law Degree (LL. B) from the University of Nairobi. He also holds a Post Graduate Diploma from the Kenya School of Law. Wakaba has successfully represented clients in a wide variety of cases, including but not limited to land cases, succession cases, employment, and trade unions cases. Wakaba has also successfully defended a wide variety of cases, including, defamation cases, recovery of charged properties by banks, personal injuries cases and criminal cases. Wakaba also volunteers in the High Courts at Nairobi and Kiambu to offer pro bono services to indigent clients accused of capital offences. He has also participated in providing legal aid to the less fortunate members of the society and partnered with various Community Justice Centres to train communities living in the slums in the Nairobi City County on issues dealing with mental health and gender based violence.
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LENKIDI DICKSON Lenkidi Dickson is a Trainee lawyer at Kimani Mwangi Advocates LLP. He holds a Bachelor of Laws degree (LL. B) from University of Nairobi. He is a Legal Assistant to the partners and has a comprehensive understanding of the legal research and a great understanding of Criminal Law, Commercial Law as well as Conveyancing Law. With a vast experience in the field of legal research and exemplary ability to articulate issues clearly, he assists the Partners in conducting Legal Research as well as drafting legal documents among other tasks to ensure the smooth day to day running of business in the firm. Lenkidi Dickson is result oriented with strong sense of self-motivation to achieve set goals and effectively utilize available firm’s resources for maximum performance. He has excellent analytical skills and good interpersonal skills tailored to create team spirit among colleagues to collectively face and successfully accomplish assigned duties.
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CONTACTS The firm’s duration of work is between Mondays to Friday from 8.30am to 5.00pm.
Watermark Business Park, Ground Floor,Ndege Road, Karen, P.O. Box 1343-00502
(+254) 735 210 166 (+254) 721 125 279
info@ kimanimwangi.co.ke w w w.kimanimwangi.co.ke
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