With increased oversight in the banking sector and the advent of Islamic finance and fintech in Kenya, we leverage on the trusted legal advice we provide to regulators to help clients make sense of what may be complex transactions in an increasingly competitive market.
Our Banking and Finance practice prepares lending and securities, corporate lending, structured finance, syndicated loans, trade finance, and Islamic finance for local and regional banks, regulators and international financial institutions.
Experience
Recently, we have been involved in:
- Acting in a claim seeking the tracing and recovery of approximately USD 340 million which was fraudulently siphoned from a Kenyan bank (It is one of the largest banking fraud disputes in Kenya). We successfully defended the client against claim by the shareholders seeking to be enjoined in this suit, against stiff competition.
- Part of a team that provided the Strategic Investors of a bank with an opinion on the legal options or recourse that they may have under contract or in tort against various third parties that were involved in the unlawful and fraudulent actions that lead to a run on the Bank which caused it to be placed under receivership by the Central Bank of Kenya.
- Advised and acted for the Deposit Protection Fund Board(now known as the Kenya Deposit Insurance Corporation), relating to recovery of debts owed to several collapsed financial institutions.
- Assisted a team drafting asset finance documents for Africa Export-Import Bank on the USD 2 billion pre-delivery and delivery financing for Kenya Airways Limited.
- Part of a team that is representing a multinational bank in a representative action challenging the levying of increased bank charge.
Recent Insights
Testing the safety net in banking: Is deposit insurance adequate?
Islamic Banking: The regulatory Imperative
Obligated: Examining the Duty of Care in Banking
The Insolvency Act, 2015: The impact on creditors and their right to realise securities
Kenya’s Government-led banking shake-up: the Banking (Amendment) Act, 2016
Related Services
Corporate & Commercial, Dispute Resolution, Restructuring & Insolvency
For more information about our Banking & Finance practice, please contact George Oraro (Senior Partner) or Pamella Ager (Partner). Alternatively click here to download our Banking & Finance profile.
Key Contacts
