Restructuring & Insolvency

Our Insolvency and Restructuring practice group is well regarded in advising some of the largest and most complex restructurings and insolvencies.  We combine various practice areas to deliver practical advice on both contentious and non-contentious aspects of Insolvency law.

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 (Founding Partner) or Noella Lubano (Partner).  Alternatively click here to download our Restructuring & Insolvency profile.

Key Contacts
George Oraro SC
Founding Partner

 

 

E: goraro@oraro.co.ke