We regularly work closely with a broad range of stakeholders including banks, financial intermediaries, distressed companies, creditors, private equity sponsors, and governments.
Experience
Our recent experience includes:
- Representing a company in insolvency proceedings against one of the largest supermarket chains in East Africa, now under administration, where it seeks to exercise its right of forfeiture, repossession and peaceable re-entry of its premises.
- Advising a Tier 2 Bank on its rights as a lender to enforce third-party securities under the Insolvency Act, 2015 against a leading supermarket currently under administration.
- Advising a consortium of banks in drafting agreements for a consortium of banks involved in a non-contentious insolvency matter.
- Advising one of Kenya’s largest publicly listed companies in the restructuring of its debt, owing from local and international lenders.
- Advising the receiver-manager of a leading commercial bank to undertake the proposed restructuring including the powers the shareholders in the Company to sell their shares, and the company to issue additional shares to third-party investors.
- Advised an East African government (through the office of the Attorney General) on the proposed capital restructuring of the national carrier in which the Government is a significant shareholder, including the legal implications of relinquishing its security.
- Acting in an insolvency matter involving a manufacturer of edible salts (directors/shareholders) versus a Kenyan commercial bank in liquidation and receivership.
Recent Insights
Options for Companies in Distress on Account of the COVID-19 Pandemic or Similar Events
A ‘Dicey’ Matter: The Fate of Employees in Mergers and Acquisitions
Salient Changes Under the Business Laws (Amendment) Act, 2020
Related Services
Banking & Finance, Corporate & Commercial, Dispute Resolution
For more information about our Restructuring & Insolvency practice, please contact George Oraro SC (Senior Partner) or Noella Lubano (Partner). Alternatively click here to download our Restructuring & Insolvency profile.