FinTech

Posted on April 23rd, 2021

Kenya is at the forefront among the pioneers of financial inclusion with innovations through its early adoption of a mobile money system. The country’s fintech sector is among the fastest growing in Africa, evidenced by a lot of activity in the local fintech scene involving sectors such as financial services, ICT and Agriculture.

Our FinTech law practice offers a combination of deep global technical experience with local regulatory & financial service knowledge. Frequently, the team is involved in advising clients on their financing, corporate matters, and regulatory & compliance. The practice area also provides financial and technical legal advice on establishing of the fintech service businesses, licensing of the products, compliance with regulatory requirements and dispute resolution in day to day matters to highly complex issues in the industry. Our client base in the practice area ranges from venture capital funds, start-ups, banks, and other financial institutions.

Experience

Some of our recent experience in this area includes:

  • Providing legal services in a joint venture arrangement between a Mauritius based private investment company and a Kenyan registered application and software development company in relation to the development of a software platform that allows groups to come together and contribute money towards a specific purpose e.g. investment clubs and fundraising. Our role also included drafting the standard terms and conditions together with the privacy policy for the platform.
  • Represented the Central Bank of Kenya in a case in which the petitioner sought to stop the transfer of money services provided by the mobile telephone companies including Safaricom’s “M-Pesa” and “Airtel Money.”
  • Advising and drafting contractual agreements for a leading telecommunications company in relation to upgrade of its current mobile money platform to a new one developed and provided for it with a view to achieve interoperability with the previous existing platform and various other payment software existing within Kenya.
  • Providing legal services to a technology company that provides end-to-end digital insurance, including undertaking registration of various trademarks, drafting and reviewing a shareholder loan, undertaking a vendor legal due diligence exercise, reviewing a term sheet with investors, drafting a convertible note for bridge financing for the company, drafting and reviewing a shareholders agreement and undertaking an internal group restructuring.
  • Providing legal services to a technology company that has developed a patient-engagement, telemedicine mobile application (the “Application”) that helps doctors grow their medical practice revenues and personalise patient care, including providing the company with a legal opinion on the regulatory requirements of setting up the Application.

Recent Insights

Digital Age: The Advent of Open Banking As Technology and Financial Services Converge


Related Services

Banking & Finance


For more information about our Arbitration practice, please contact Jacob Ochieng (Partner) or Cindy Oraro (Partner). Alternatively click here to download our FinTech profile.

Key Contacts
John Mbaluto, FCIArb
Deputy Managing Partner

 

 

E: john@oraro.co.ke

Private Client

Posted on November 7th, 2019

Our Private Client practice area provides prudent direction to individuals and families. The Private Client team provides all-round legal services, in the most efficient way, by integrating the other practice areas, when handling personal and structural issues.

Through this practice area, we have been able to preserve, build, maintain and establish trust with our client base.  Our practice is aimed at linking relationships with our clients to provide them with practical and attainable legal advice and action.


Our private client practice area encompasses:

  • Wills and Probate
  • Private Trusts
  • Succession planning and offshore structures
  • Estate management
  • Family law – divorce, division of matrimonial property, child custody and maintenance advice and litigation.

Related Services

Dispute Resolution, Employment & Labour


For more information about our Private Client, please contact Chacha Odera (Managing Partner) or John Mbaluto, FCIArb (Deputy Managing Partner).  Alternatively click here to download our Private Client profile.

Key Contacts
Chacha Odera
Senior Partner

 

 

E: chacha@oraro.co.ke

John Mbaluto, FCIArb
Deputy Managing Partner

 

 

E: john@oraro.co.ke

Asset Tracing & Recoveries

Posted on November 7th, 2019

Our Asset Tracing & Recoveries practice area is a recognised leader in advising both contentious and noncontentious complex tracing and recovery of assets and in restructuring & insolvencies. The practice area is led by a team of Partners with specialist know-how and deep experience in offering strategies for obtaining effective and time-critical legal remedies to secure and recover assets, including freezing injunctions, disclosure orders and protection of assets. 

With a good reputation in handling complex banking disputes, debt recovery and asset tracing, the practice area has represented clients in various courts in the land including the High Court, Court of Appeal and the Supreme Court. Our Asset Tracing & Recoveries practice closely with a broad range of stakeholders including banks, financial intermediaries, distressed companies, creditors, private equity sponsors, and governments. As a full service law firm, the practice area is able to call upon lawyers from a wide range of related specialist areas including tax, employment and labour, banking & finance and restructuring & insolvency.


Experience

Our recent experience includes:

  • Acting for the monetary authority of Kenya in the recovery of funds in the “Goldenberg” related cases, in excess of USD 1 billion.
  • Representing a Kenya government corporation as lead counsel. We obtained a mareva injunction/freezing order, which is currently in force to preserve the subject matter of the suit. This is a recovery action as well as the tracing of assets worth USD 70 million from individuals and companies alleged to have defrauded a commercial Bank in Kenya, leading up to its receivership.
  • Representing an accused person for actions done while executing duties when acting as a senior official in the Government of Kenya (GoK). The accused was charged with abuse of office and conspiring to defraud the GoK. The saga has come to be known as the Anglo-leasing saga.
  • Advising an Insurance Company on its potential claim of approximately KES 1.1 billion for impaired assets against three insolvent companies, where it invested in notes and commercial paper.
  • Acting for a Kenyan Insurance Company in a domestic arbitration seeking the recovery of approximately USD 770,000 being outstanding premiums claimed by the Insurer against the Judiciary of Kenya under a Group Medical Insurance Cover.

Recent Insights

Recent Decision Underscores Need for Court Sanction in The Carrying Out of Commission’s Mandate


Related Services

Banking & Finance, Corporate & Commercial, Dispute Resolution

For more information about our Asset Tracing & Recoveries practice, please contact George Oraro SC (Founding Partner) or Noella Lubano (Partner).  Alternatively, click here to download our Asset Tracing & Recoveries.

Key Contacts
George Oraro SC
Founding Partner

 

 

E: goraro@oraro.co.ke

Arbitration

Posted on June 13th, 2018

Our arbitration practice is recognised for its excellence in this area. The firm has always been at the forefront of both domestic and international arbitration in Kenya, providing recourse from the onset of a dispute through to an enforcement of an award.

We have represented clients in local and international arbitration tribunals including International Centre for Settlement of Investment Disputes (ICSID), the London Court of International Arbitration (LCIA) and the International Chamber of Commerce (ICC) in energy, financial services and construction sectors.

Experience

Some of our recent experience in this area includes:

  • Successfully represented a Pan-African Bank in a USD 25 million claim brought by a Zambian borrower who claims he never authorised the bank to disburse funds to the borrower. It was an ICC administered arbitration and the seat was in London.
  • Represented a Canadian-based energy company as co-counsel in the ICSID proceedings brought against the Government of Kenya in respect to the unlawful revocation of the company’s geothermal licence worth USD 312.7 million.
  • Advising and representing an international civil engineering company to enforce an international arbitral award of USD 13 million in Kenya issued under an ICC arbitration with its seat in London.
  • Advised a major American private equity fund on their legal options and remedies against former directors and shareholders of a leading East African civil engineering and construction company with a view of recovering an arbitral award of USD 23.2 million from the LCIA.
  • Representing an English Investment Company and an energy company involved in methane gas production in an arbitration matter where the Claimants brought arbitration proceedings against the Respondent at the ICC for breach of contract. The ICC entered an award in favour of the Claimants in an Arbitral Award of USD 12.8 million rendered on 9th August 2017. The firm was thereafter engaged by the Claimants in having the arbitral award recorded as a judgment of the High Court of Kenya before enforcements proceedings can be commenced against the Respondent, which is a company registered in Kenya.

Recent Insights

The Right to Request Court’s Assistance in Taking Evidence in An Arbitration

Claw-Back: Key Decision by Canadian Supreme Court on Jurisdictional Question in Arbitration

Worth Your While?: Cost Effectiveness of International Arbitration

Arbitration: A time to Rethink?


Related Services

Banking & Finance, Dispute Resolution, Infrastructure, Projects & PPP


For more information about our Arbitration practice, please contact George Oraro SC (Founding Partner) or Noella Lubano (Partner). Alternatively click here to download our Arbitration profile.

Key Contacts
George Oraro SC
Founding Partner

 

 

E: goraro@oraro.co.ke

John Mbaluto, FCIArb
Deputy Managing Partner

 

 

E: john@oraro.co.ke

Noella Lubano
Partner

 

 

 
E: noella@oraro.co.ke

Tax

Posted on June 13th, 2018

Our Tax practice area is well known for its comprehensive understanding of the Kenyan tax laws. The practice area is regarded for its expertise in handling both contentious and non-contentious tax matters, developing solutions that are both tax efficient and practical to help our clients maximize opportunities, while minimizing risks.

The practice area provides advice on domestic and international tax, value-added tax, income tax, capital gains tax and transfer pricing. We also advise on the tax implications of mergers and acquisitions and capital markets transactions. In tax disputes, the tax practice is renowned for its creative approach and is forward thinking in tax litigation due to the complexity of Kenyan tax laws.

Some of our notable contentious and non-contentious tax matters include:

  • Acting for a Kenyan based company that manufactures branded beer, spirits, and non-alcoholic beverages in an appeal against excise duty and VAT assessment on alcoholic beverages amounting to KES 18 million. We are currently representing our client at the Tax Appeal Tribunal.
  • Advised regional company on the tax aspects of their share restructuring and group reorganisations in regard to significant capital investment by global private equity investors.
  • Advised a Credit Company with both domestic and foreign presence, operating business in the digital loan industry on transfer pricing, thin capitalization, related party transactions, bad debts and tax deductions.
  • Acting for a major real property leasing company in seeking to compel the KRA to make an objection decision with respect to the Company’s objection to KES 14 million tax demands allegedly arising out of inconsistent VAT entries on the Company’s iTax Portal.
  • Representing a leading beverage bottling company in an Excise Duty dispute amounting to USD 5,611,025 at the Tax Appeals Tribunal.

Recent Insights

Appealing Tax Appeals Tribunal Determinations at the High Court: Commissioner of Investigations and Enforcement v Grain Bulk Handlers Limited

Tax Appeals Tribunal Rules Apple Concentrate is not a Beverage: Kenya Breweries Limited v Commissioner of Customs & Border Control

The Finance Act, 2021 – Breakdown and Analysis

The High Court Suspends the Newly Introduced Minimum Tax

High Court Confirms Sony Holdings’ KES. 6.4 Billion Commercial Building Allowance Award: The Commissioner of Domestic Taxes vs. Sony Holdings Limited [2021] eKLR

Filing of Digital Service Tax (DST) Return

Understanding Digital Service Tax and its Implementation in Kenya

The VAT (Electronic Tax Invoices) Regulations, 2020 & The VAT (Digital Market Place Supply) Regulations, 2020 in a Nutshell

New Changes Introduced by the Tax Laws (Amendment) Act, 2020

‘Tax-Acious’: When Tax Collection Becomes Rather Taxing


Related services

Banking & Finance, Corporate & Commercial, Dispute Resolution


For more information about our Arbitration practice, please contact George Oraro SC (Founding Partner) or Lilian Renee Omondi (Partner).  Alternatively click here to download our Tax profile.

Key Contacts

George Oraro SC
Founding Partner

 

E: goraro@oraro.co.ke

Banking & Finance

Posted on June 12th, 2018

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 & Finance practise area is well regarded for its expertise in advising in both contentious and non-contentious matters. The practice area has vast experience advising on asset finance, structuring and drafting lending and security documentation for corporate and retail lending including cross border and syndicated loans, structured finance, SME financing and trade finance. With a good reputation in handling complex banking disputes, debt recovery and asset tracing, the practice area has also represented clients at the Court of Appeal and the Supreme Court. The team has advised and represented local and regional banks, international financial institutions and regulators. In addition, our firm is the principal legal advisor to the Central Bank of Kenya.

Experience

Recently, we have been involved in:

  • Advised a leading private bank in Kenya in the purchase of shares worth USD 92, 000 from a target company that provides insurance financing products.
  • Advising a lender on a suitable structure for the upstamping of the existing securities as well as advising the lender on the additional security documentation to secure the lender’s interest.
  • Acting in the preparation and perfection of security documentation (debenture, charges, corporate guarantees and the relevant board resolutions) for a Kenyan commercial bank in respect to their lending to a horticultural firm to facilitate acquisition of a horticultural farm worth USD 4 million.
  • Representing the Kenyan and Nigerian subsidiaries of a Pan Africa bank in a claim worth USD 52 million arising from a facility of USD 300 million advanced to a Lebanese engineering firm to fund the construction of the Nairobi-Mombasa oil pipeline.
  • Successfully represented a Pan-African bank in a claim of USD 25 million brought by a Zambian borrower who claims he never authorised the bank to disburse funds to the borrower.

Recent Insights

Digital Age: The Advent of Open Banking As Technology and Financial Services Converge

Going Green: Introduction of Green Bonds as a Means of Sustainable Development

Amendments to the Central Bank of Kenya Act, 1966


Related Services

Corporate & Commercial, Dispute Resolution, Restructuring & Insolvency


For more information about our Banking & Finance practice, please contact George Oraro SC (Founding Partner) or Pamella Ager (Managing Partner).  Alternatively click here to download our Banking & Finance profile.

Key Contacts
George Oraro SC
Founding Partner

 

 

E:goraro@oraro.co.ke

Pamella Ager
Managing Partner

 

 

E: pamella@oraro.co.ke

James Kituku
Partner

 

 

E: james@oraro.co.ke

About Us

Oraro & Company Advocates is a full-service market-leading African law firm established in 1977 with a strong focus on dispute resolution and corporate & commercial law. With a dedicated team of 10 partners, 4 senior associates, 10 associates, 1 lawyer and 36 support staff, the Firm has been consistently ranked by leading legal directories such as Chambers Global, IFLR 1000 and Legal 500 as a top-tier firm in Kenya.

Oraro & Company Advocates is an affiliate member of AB & David Africa.

Contact Us

Oraro & Company Advocates
ACK Garden Annex, 6th Floor, 1st Ngong Avenue
P. O. Box 51236 - 00200, Nairobi, Kenya.
T: +254 709 250 000
E: legal@oraro.co.ke | W: www.oraro.co.ke

Oraro & Company Advocates © 2021