superior commercial legal services for africa company profile.pdfintroduction the ˜irm has the...

Superior Commercial Legal Services for Africa

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Mutua Waweru & Company Advocates is a member of Nextlaw Referral Network (NRN), a network of law firms which has been recognized as a Leading Global Legal Referral Network by Chambers & Partners in the Chambers 2019 guide.

Membership in the Nextlaw Referral Network provides us with unprecedented global reach, including leading capabilities in 205 countries. We have access to top lawyers in any practice, industry or sector, anywhere in the world, enabling us to provide our clients with the best local and global services possible. The Nextlaw Referral Network makes us truly ‘in and of the community.

Nextlaw Referral Network is the broadest and most sophisticated legal referral platform in the world. Introduced in October of 2016, it already includes nearly 670-member firms, over 25,000 lawyers covering all of the world’s major jurisdictions in more than 205 countries.Nextlaw Network is one of the only referral networks that offers inter-disciplinary functionality. In today’s complex global environment, clients often need access to professionals who understand the regulatory, business and economic cultures everywhere they do business, which means integrating legal and public affairs representation.

NOTE FROM THEMANAGING PARTNER

From a humble beginning a few years back, our firm has gone through a tremendous journey of transformation to become a preferred provider of practical legal solutions to the business client in Kenya. Our practice and clientele in the areas of banking, commercial litigation, general property conveyancing and advising on commercial transactions have grown exponentially.

We continue to build a disciplined, dedicated and loyal team of professionals with the singular and collective aim of providing excellent legal services, guided by our founding pillars, which are:

• Focus on the client and delivery of practical legal solutions;• Highest professional standards and integrity in all dealings; and• Mutual respect, support and authentic communication.

We are proud to now represent major banks and financial institutions, corporate entities and distinguished business people in numerous transactions. Most of our clients rate our services highly, as you will see from comments received from some of them which we have, with their permission, included in this profile.

We welcome your partnership with us as a client, and assure you of our continued commitment to the stated pillars. We are certain that in us, you will find a law firm that you can rely on, and together we will forge a lasting relationship.

George Mutua MoloManaging Partner

www.mw-advocates.com PG 3

INTRODUCTION The firm has the Vision of becoming and remaining one of the leading full service commercial law firms in Africa, consistently creating significant and enduring value for all stakeholders.

The Mission of the firm is to consistently provide high quality and fairly billed commercial legal services to business and other institutional and individual clients, while having a major positive impact in the community.

Mutua Waweru and Company was founded and has thrived on the basis of a distinctive set of Core Values:• Excellence• Professionalism• Integrity• Team work and collegiality • Availability for and responsiveness to client

needs, with a dogged determination to achieve the best outcomes for clients

• Fair billing• Community service

These values have from the start guided the operations of the firm, and have ensured that in every client matter, the point of departure and guiding principle is the achievement of the best result for the client.

We are a full service commercial law firm

founded in 2009.

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From inception, the firm has focused on and built a large commercial law practice with emphasis on the following areas:

a) Bank security documentation and perfection;b) Bank security enforcement, and specifically acting in debt recovery

matters for our client banks and other financial institutions; c) Representing our long list of client banks, insurance companies and

other financial institutions in a large array of litigation matters, some of which have been complex;

d) General commercial litigation and dispute resolution, including arbitration and other alternative dispute resolution;

e) Property conveyancing;f) Commercial contracts; g) Private client estate matters including wills, probate, and related

matters.

With partners of long standing in the profession, and a large team of associate advocates, law interns and support staff, Mutua Waweru and Company is fully resourced to meet client needs timely and in the best possible way.

Further, we have in depth knowledge of and strong relationships with various government agencies including courts, the companies’ registry, and land registries.

Mutua Waweru and Company is committed to the best handling of client matters. We invite prospective clients to entrust their matters to us, with an assurance that we shall at all times prioritize their needs.

Our clients have over the years been pleased with our service, and key clients regularly vouch for us by providing referrals, testimonials, recommendations and endorsements to prospective clients.


PRACTICE AREAS

COMMERCIAL LITIGATION AND DISPUTE RESOLUTION Lawyers in the firm have been involved in preparation, research and prosecution of cases in all courts including the Court of Appeal, representing leading banks, insurance companies, employers and large domestic and multinational companies.

Besides being seasoned trial advocates, our founding partner is also a chartered arbitrator. We have adequate capacity to guide clients through litigation and alternative dispute resolution in varied areas including:

• Shareholder Disputes• Construction Disputes• Insurance Claims and Settlement• Debt Recovery and Realization of Security• Labour and Employment Law• Public Procurement Law• Constitutional and Administrative Law• Media, Sports and Entertainment Law• Land Disputes• Probate and Administration• Arbitration

Employment and Labor Matters The firm advises and acts for multinational and other large corporate entities in various employment and labor matters including defending claims made against employers by unions, employees, and governmental bodies, and we also perform legal audits to advise on compliance with employment laws. We advise on executive employment contracts, and related matters.

PROPERTY/REAL ESTATEThe firm has a thriving property

conveyancing practice, acting for vendors and purchasers in the acquisition and disposal of

residential, commercial, industrial and agricultural properties. We act for landlords and tenants in

negotiating, drafting, and registering leases and licenses of various properties. The firm also advises and acts in all

the legal aspects of property developments including change of use, conversion of titles, subdivisions and amalgamations,

registration of titles for new properties, and related matters. We help clients to replace lost or damaged titles. We also act for clients in

property disputes in courts and other forums.

We take pride in our ability to not only serve clients in Kenya, but our great ambition to work on complex

and challenging legal matters across Africa for corporate and

institutional clients alike.

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Company Secretarial &

Administration We advise and act in respect

to company searches, company and business incorporations or

registrations, company and business deregistration, conversions, meetings of

boards of directors and members/shareholders, preparation of

resolutions of meetings of boards of directors and members/shareholders, preparation and filing

of annual and other statutory returns and forms, capital structure changes, appointments and

resignations of directors, etc.

CORPORATE/COMMERCIAL TRANSACTIONS The firm advises and acts in mergers and acquisitions, takeovers and

disposals, joint ventures, and related matters, including drafting the required contracts and other documentation. We also undertake legal audits

and due diligence to advise on compliance with applicable laws.

We register or incorporate businesses and companies, trusts and foundations, SPVs, and other entities and structures to meet client needs.

We represent clients in corporate insolvency matters including administration, winding up, and liquidation.

We advise on and register Intellectual Property including trademarks, copyrights, patents, and industrial designs.

PRIVATE CLIENT, ESTATE PLANNING AND PROBATEThe firm routinely acts for individual clients in a variety of matters. These may involve protection of family businesses, estate planning and succession, where we advise heirs and fiduciaries on the process of probating estates or obtaining letters of administration.

insuranceWe act for several large insurance companies in defending and resolving a variety of claims.

BANK FINANCEThe firm is particularly well placed to handle all aspects of secured lending, ranging from complex multi-jurisdictional and syndicated or club lending transactions to short term lending to SMEs, farmers groups and individual borrowers of consumer loans. We have handled security perfection over land, chattels, motor-vehicles, livestock and crop, stock, accounts, receivables or book debts and a wide array of other tangible and intangible assets. We also have extensive experience in debt collection and restructuring as well as enforcement of security.

The firm is also well placed to help clients manage aspects of risk such as credit risk and operational risk through developing guidelines, policies and procedure manuals, process maps and advising on compliance with legal and regulatory requirements as well as staff trainings.

The firm acts for Banks, Saccos, Social Impact Funds and other credit providers in this regard.


Our clients include:a) Large and medium sized state owned and privately owned commercial

banks;b) State owned development finance institutions; c) Offshore based development finance entities; d) Savings and credit cooperative societies; e) Housing cooperative societies; f) State corporations;g) Insurance companies; h) Large manufacturers and general trading and service companies;i) High net worth individuals

ourclientele

As testament to the validity of the firm’s core values and our application of them, the firm has over the years acquired and kept a large

base of top tier institutional clients in key sectors of the Kenyan economy, together

with a long roster of high net worth individual clients.

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“Mutua Waweru Advocates have demonstrated tremendous professionalism and dedication in their service delivery to the Bank. Their responsiveness, work experience, understanding of the law & practice, work ethic and dynamism has propelled them to be one of the Bank’s preferred partners in delivery of legal support and solutions to our customers.”

Habil Waswani - Director Legal, Compliance & Company Secretary

National Bank of Kenya Limited

“In Mutua Waweru Advocates, I see expertise coated with simplicity to deliver timely and unequaled legal services.”

Guaranty Trust Bank (Kenya) Limited

“Mutua Waweru & Co Advocates provide consistently outstanding work. They are a knowledgeable firm with skilled lawyers. The lawyers and professional staff are always incredibly helpful and responsive - providing unique, but cost-effective solutions to our often complicated issues.”

Chief Legal OfficerUnaitas Sacco Society Limited

“The firm gives attention to detail and offers personalized services to our clients.”

Kenya Women Microfinance Bank Limited

“Mutua Waweru Advocates are fantastic, and I feel extremely lucky to work with them. Thorough and easy to work with.”

Peter Waweru - Director Shakiwa Gardens, multi unit

residential development


1. acting for a major commercial bank in a dispute with the transaction broker/arranger in relation to the proposed raising from offshore capital markets of USD 100 million through a syndicated loan facility for onward lending to the Kenyan market;

2. advising an American based social impact fund with operations in Kenya on the legal and regulatory issues touching on their lending activities in Kenya;

3. reviewing the security documents portfolio in Kenya of an international commercial bank conducting banking business in Kenya and advising on conformity with the law and corrective measures incase of discrepancies;

4. reviewing the security documents portfolio and processes for a major Kenyan savings and credit cooperative society and advising on conformity with the law, effectiveness, and corrective measures in case of discrepancies

5. handling the perfection of security over land and other assets for various lenders, in many cases where the amount secured is well over USD.1,000,000.00;

6. reviewing standard contractual documents for a fast growing savings and credit co-operative society regulated by the Sacco Societies Regulatory Authority, for use in connection with their lending business;

7. acting for a property developer in connection with the selling and leasing aspects of residential units in a multi-unit residential development complex, including handling registration of mortgages where the buyers are financed through local banks;

8. acting for a major commercial bank in a dispute between 3 banks sharing the same security but without any security sharing arrangement. The dispute revolves around the priority in which the security should be realized. Our client’s exposure is in excess of K.Shs. 1 Billion and we have, for the benefit of our client, obtained injunctive orders restraining the other banks from proceeding with an intended realization of the security;

9. defending a suit seeking injunctive relief against a leading local bank in an attempt to restrain the bank from enforcing its security of a legal charge over a high end commercial premises valued at over K.Shs.300,000,000.00;

10. overseeing the change of user process for a residential development comprising over 300 housing units, together with the registration of a replacement charge securing K.Shs 468 million, following the change of user process

11. acting in a labour dispute relating to unlawful termination of employment of the Vice Chancellor of a leading private university;

RECENT ENGAGEMENTSSome of the matters we have recently handled include:

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12. acting in the acquisition of a large parcel of land for purposes of subdivision and onward sale of the subdivisions, including all aspects of due diligence and formulating of standard documents for use in the onward sale transactions that cover the interest of the financier;

13. pursuing debt recovery matters for a major bank in connection with their unsecured book;

14. advising a Canadian based manufacturer on an executive employment contract for a Sales Executive in Kenya, including advising on certain restrictions arising from his prior employment with a competitor in Kenya;

15. obtaining for a major commercial bank injunctive orders against a self-styled blogger prohibiting publication of defamatory statements through the internet and social media;

16. acting for an insurance company in defence of a claim in excess of Ksh. 10,000,000.00 based on alleged breach of a fidelity guarantee insurance contract;

17. prosecuting a constitutional petition against a leading public university challenging the expulsion of a student on alleged disciplinary ground; and

18. numerous other matters including incorporation of companies, probate and succesion matters and defending insurance claims.


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Law is order in liberty, and without order liberty is social chaos — Sydney J. Harris


Professional Indemnity CoverThe firm has a professional indemnity insurance cover with a limit of Kenya Shillings Three Hundred Million (K.Shs 300,000,000.00) or approximately USD Two Million Nine Hundred Thousand ($2,900,000.00) giving ample added comfort to our clients.

George Mutua Molo is an advocate of the High Court of Kenya, admitted to the Roll of Advocates in 2002. He is the firm’s Managing partner. Mr. Mutua holds a Bachelors of Laws (LLB) degree from the University of Nairobi and a Post Graduate Diploma in Legal practice from the Kenya School of Law. Mr. Mutua worked in the law firms of Mereka & Co. Advocates and Macharia Mwangi & Njeru Advocates before joining Mutua Waweru & Company Advocates as the Managing Partner & Head,Commercial litigation.

Mr. Mutua is an accomplished courtroom lawyer who commands deep respect from judicial officers and peers alike. He has a deep understanding of the legal terrain within which the Kenyan court system and dispute resolution mechanism operate. He has over 13 years of consistent practice as a litigation advocate and has handled landmark and complex litigation cases at all levels of the Kenyan court system and quasi-judicial tribunals. He is skilled in preparation of concise pleadings, persuasive and intelligent articulation of clients’ interests as well as strategic negotiations always aimed at achieving the best possible legal result for the client.

Mr. Mutua possesses a highly competitive spirit and with the court room experience that he has over the years acquired at the highest levels of practice, our clients will no doubt find in him an effective trial lawyer providing them with expert litigation services and solutions totheir legal challenges.

GEORGE MUTUA MOLOMANAGING PARTNER

& HEAD - COMMERCIALLITIGATION

TEAMprofiles:LAWYERS

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DANIEL WAWERU MUIRURIHEAD - BANKING COMMERCIAL TRANSACTION & CONVEYANCING

Daniel Waweru Muiruri is an Advocate of the High Court of Kenya, admitted to the Roll of Advocates in 2002. He is the founder of the firm. Mr Muiruri holds a Bachelors of Laws (LLB) degree from the University of Nairobi and a Post Graduate Diploma in Legal practice from the Kenya School of law. He is a member of the Law Society of Kenya and the Chartered Institute of Arbitrators - Kenya Chapter.

Mr. Muiruri worked at Anjarwalla & Khanna Advocates, Equity Bank Limited and Kiruti & Co. Advocates before starting the firm of Muiruri Waweru & Company Advocates, now Mutua Waweru & Company Advocates.

Having handled numerous high value transactions as a practicing advocate, and also having worked at senior management level in a large commercial bank overseeing legal services, Mr. Muiruri has invaluable dual experience and unparalleled industry knowledge. He is uniquely placed to understand the level and quality of service that clients’ expect from their external counsel, and has the practical experience and competence to deliver such service.

Our clients stand to benefit immensely from Mr. Muiruri’s hands on understanding of their needs and his well demonstrated ability to deliver practical solutions.


Elijah was admitted to the Roll of Advocates in 2002.He holds a Bachelor of Laws (LLB) degree from the University of Nairobi, and a post graduate diploma in legal practice from theKenya School of Law. Elijah was awarded the CFA Charter in 2008.

Elijah has a special interest in:1. Corporate and commercial law;2. Property conveyancing;3. Bank lending security documentation and registration;4. Capital raising transaction advisory services;5. Investment contracts;6. Tax advice; and7. Mergers and acquisitions.

Elijah has supervisory and client service responsibility for the portfolios of major commercial banks and SACCOS, including receiving instructions, drafting, final preparation and registration of various security instruments including real property formal and informal Charges, Deeds of Assignment, Chattel Mortgages, Guarantees and Indemnities, and Debentures.

Working with a qualified and experienced team of Advocates and support staff, Elijah has perfected securities in respect to numerous complex and high-value instructions from banking and other financial sector clients.

Elijah and his team have also worked for many other institutional and individual clients in diverse property conveyancing transactions, including purchases, sales, transfers, leases, sub-divisions, transmissions and others.

Elijah is passionate about and driven to ensure the attainment of client objectives in the fastest and most cost-effective mannerpossible.

ELIJAH MWANGI KIBOIPARTNER

TEAMprofiles:LAWYERS

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VINCENT TATULI JUMAASSOCIATE

Vincent Tatuli Juma is an Advocate of the High Court of Kenya since 2014. Mr Juma holds a Bachelor of Laws (LLB) degree from the University of Nairobi and a Post Graduate Diploma in Legal practice from the Kenya School of law.

Mr. Juma trained as an advocate in the Chambers of Nyamweya Mamboleo Advocates, an upcoming law firm in Kenya. In recognition of his professionalism, competence and commitment, Mr. Juma was retained as an Associate advocate in the said firm upon admission to the bar and soon thereafter was entrusted with the responsibility of running the firm’s Litigation and Dispute Resolution Department.

Mr. Juma has a strong work ethic and has built a remarkable reputation in litigation and dispute resolution. He has represented clients in high profile litigation disputes relating to diverse practice areas ranging from Commercial Litigation, Probate and Administration, Election Petitions, Arbitration, Land Disputes to County Government Law among others. He has also worked as a part-time lecturer in Commercial and Business Law in a number of colleges licensed to offer professional business courses.

Mr. Juma joined our growing litigation and dispute resolution practice in June, 2015, bringing on board dynamism and vibrancy. Mr. Juma is an accomplished court room advocate with solid grounding in litigation matters and clients of the firm are assured of satisfactory representation in matters that he handles.


TEAM profiles:administrative & support staff

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Shirika Co-op House - 1 Floor Kipande RoadP. O. Box 102998 – 00101, NairobiTel: +254 20 263 2727Cell: +254 724 216 [email protected]

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