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

On Matters, Technology: Some Recent Regulatory Updates

Posted on August 13th, 2018

By Walter Amoko

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In common Kenyan speak, the word “digital” is used humorously to mean a state of being modern and technologically apt.The phrase is further testament to the current pervasiveness of ICT technologies in Kenya; Kenyans have surprised many and arguably, themselves too, in their rapid uptake of technology, from the country’s increased mobile phone penetration rates to the much-hailed success of mobile money transfer services and the Kenyan public’s love for social media, the country has been on the spotlight as an ICT hub. It therefore comes as no surprise that the Government is trying to ensure that the regulatory environment in the sector also keeps in step with the rapid changes in the sector, which now has many significant global tech players such as Google, Microsoft and IBM. Just last week alone,Kenya has made significant steps to realizing this. First, the ICT Cabinet Secretary Joe Mucheru announced plans to develop regulations for global technology companies operating in the country. The formulation of these guidelines will start this week and stakeholders will be invited to contribute towards proper governance measures that don’t discourage foreign investment in the sector. On a related note, last week the country’s communications regulator – the Communications Authority of Kenya announced the launch of a new KES 900 million system aimed at reducing the time it takes to process radio spectrum licences and resolving radio interference complaints.

Sources:
The Star Newspaper
The Standard Newspaper

Related Practice areas

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

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