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Mma Advocates Corporate Profile

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Content 1.0. 2.0. 3.0.

Who we are What we do Our mission and values 4.1.

4.2.

4.3. 4.4. 4.5.

5.0.

Real Estate / Conveyancing 4.1.2. Transfer of land 4.1.3. Leases 4.1.4. General conveyancing Commercial /Corporate Law 4.2.1. Corporate set up 4.2.2. Corporate Governance 4.2.4. 4.2.5.

Intellectual Property Energy Law

4.2.7.

Labour Law

Capital Markets Labour Law Credit Management and Debt Recovery

4.9. Legal Opinions The Team 5.1. Dennis Ben Mosota 5.2. Mokaya I. Orina 5.3. Erick Komolo 5.4. Faith M. Odhiambo


Our mission and Values Our Mission is to provide bespoke legal services to our clients with the focus of ensuring complete client satisfac tion through prompt, accurate and proper advice that adds value to the clients’ business and protects the clients’ inter ests. Our values are built on: • Independence; • Integrity; • Fidelity; and • Excellence.

Who we are We are a very vibrant and solution-focused firm with a team of energetic, foreign and locally trained professionals with different specialties. Although the Firm is relatively new, the experience of the Partners and our lawyers is derived from valuable and wide ranging experience at previous places of employment. We also work hand in hand with our consultants (who are also advocates) who are experts in different fields of law and who, in addition to the advocate-client confidentiality, have signed Non-Disclosure Agreements with the Firm to ensure confidentiality of our clients’ matters.

What we do We offer boutique services to a select corporate and individual clientele and ensure that the clients are certain of partner attention at all times. Our service values and work ethic is intended to enable us build a reputable clientele which includes the top tier of local and international financial institutions, the Government, private equity funds, leading manufacturers and industrialists, international oil companies, international investors, print and electronic media houses, international and local non-governmental organizations as well as high net worth individuals.


Our areas of expertise

Our expertise revolves around the following areas of law:- advising on regulatory issues, public private partnerships, legislative drafting, devolution, constitutional law, drafting of bye laws and developing legislative frameworks, drafting bye laws for city council and municipal councils, undertaking extremely complex litigation matters (both commercial/civil and criminal) conveyancing / property law, banking and securities, insurance, energy law, international commercial transactions, capital markets, information communication technology, mergers and acquisitions, intellectual property, labour laws, corporate set-ups, private equity, venture capital, and restructures, energy, tax, project financing, investment, debt restructuring, privatization, banking & securities, education, immigration, commercial litigation and arbitration and as summarised below.

“You have rights. We protect them�


Real Estate / Conveyancing

Bank Securities Drafting and registration of charges, mortgages, discharge of charges, registration of mortgages, debentures, creating equitable mortgages, drafting and registration of chattels as well as advising on a number of receiverships and debt rescheduling deals.

Transfer of land Conducting search and due diligence on property, drafting letters of oer, drafting and/or negotiating sale agreements, arranging for issuance of title document etc.

General conveyancing Supervising survey and sub-divisions of land, attending to change of user, conveyances, reconveyances, lodging caveats and / or cautions, prohibitions, sale by public auctions as well as private treaty, easements, licenses, drafting and registering powers of attor- ney, rectiďŹ cation of titles, processing replacement of titles, obtaining rights of access, registration of trusts relating to land, applying for and obtaining the various consents required under the law and advising clients generally on all aspects of land law.

Leases


Commercial / Corporate Law Corporate set up

We offer corporate pre-registration and post-registration advice. • Pre-registration advice involves analyzing the client’s business needs and requirements and advising on the best corporate entity to register based on legal, tax and commercial considerations. • Post registration advice involves taking the client through all incorporated entity’s statu tory compliance requirements such as registration with the NHIF, NSSF, Tax registrations, applying for and obtaining Business Permits etc.

Corporate Governance

We advise clients on corporate governance for both private limited and public limited companies, compliance with regulatory authorities such as the Companies Registry, Capital Markets Authority, Communi Central Bank of Kenya etc.

Drafting of Agreements

We negotiate and draft all manner of commercial agreements including but not limited to shareholders’ agreements, investment agreements, partnership agreements, consortium agreements, share purchase agreements, equipment leasing agreements, share subscription agreements, loan agreements, settlement deeds, memorandum of understandings, consultancy agreements, employment contracts, secondment agreements, Human Resource Manuals, software licencing agreements, supply agreements, etc.


Intellectual Property Law We handle registrations, assignments and renewal of trademarks, drafting of Registered User Agreements for local and overseas clients, registration of patents under the Industrial Property Act, the PCT and the ARIPO protocol, registration of industrial designs, payment of annual maintenance fees for patents and industrial designs on behalf of clients, liaising with the Kenya Industrial Property Institute to facilitate speedy processing of clients’ applications, advising on copyright and plant breeders’ rights including filing applications for grant of such rights and liaising with the Kenya Plant Health Inspectorate Services (KEPHIS) and protection of intellectual property rights.

Patents Trademarks Copyright Licensing


Energy Law We advise clients on the licences and approvals required for companies dealing in oil, gas, energy and mining, regulatory compliance of such companies.

Labour Law We advise clients on various aspects of employment law including preparation of employment contracts, advising on and setting up Employee Share Option Plans/Schemes, assignment of employees, Human Resource policies and Manuals etc. as well as litigation involving individual labour issues e.g. dismissals, redundancies, trade disputes etc., conducting of seminars on the new labour laws etc.

Competition & Monopolies Law We advise clients on all competition law matters.


Immigration Law We apply for and obtain different classes of work permits on behalf of clients.

Non-Govermental Organsisation We offer pre-registration and post-registration advice on NGO’s.


Capital Markets We provide advice on the obligations of listed companies under the Capital Markets Authority Act and NSE Rules and Regulations as well as advising clients on any capital markets related matters.

Credit Management & Debt Recovery Our firm offers comprehensive legal services in credit management and debt recovery. We take the time to understand the profile of each debt based on the age of the debt, the nature of how the debt arose, location of the debtor and, where available, the financial status of the debtor, which enables us to formulate the most cost and time efficient debt collection strategy for your situation.


Public / Administrative Law We advise clients on all areas of public law, including and not limited to laws relating to devolution, constitutional law, public private partnership, drafting of by laws and other related regulatory frameworks, City Council and Municipal Laws and bye laws.

Devolution Constitution Public Private Partnerships By-Laws


Revenue Law & Taxations Our breadth of local knowledge and technical competence in tax law ensure that we deliver practical, commercially driven, and integrated tax and legal advice

Legal Opinions We research and write legal opinions on all areas of law


Litigation & Arbitration The firm is focused on commercial disputes, tax disputes, labour disputes, land disputes, tort, intellectual property disputes and bankruptcy among others. The firm’s advocates have in-depth knowledge of criminal and civil procedure and practice. We also have experience in alternative dispute resolution and frequently employ the same to avoid our clients getting bogged down by the adversarial litigation system.


Making the difference is our practice

Skilled Advocacy

Practical Solutions

Transnational Plaza, Wing B, 9th Floor City Hall Way, Opp The Supreme Court of Kenya P.O. Box 11223-00100 Nairobi, Kenya +254 (020) 800 4999, +254 (020) 800 5333 info@mmaadvocates.co.ke www.mmaadvocates.co.ke


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