M&A, Private Equity & Funds

In our M&A, Private Equity and Funds practice, we provide hands-on transactional support from
inception to successful close, based on the unique needs and requirements of the client. Our legal team offers comprehensive legal guidance and support throughout the entire process, ensuring that every legal aspect is expertly handled and addressed to protect the client’s interests and promote business growth.

Mergers & Acquisitions

Navigating mergers and acquisitions requires a sound legal understanding of cross-cutting legal considerations. We specialise in structuring and facilitating complex M&A deals, from the initial planning stages up until successful completion of the transaction, which services include:

Private Equity and Funds

We provide expert legal counsel in private equity and investment funds, ranging from structuring of investment funds, regulatory compliance and developing and reviewing transactional documents that capture and safeguard the best interests of our client.

• Acted as the Legal Team Leader in advising National Oil Corporation (NOCK) in the acquisition transaction in respect of part of BP Kenya Limited’s retails service station outlets by National Oil Corporation.
• Served as the transaction legal advisor to NOCK in the USD10M acquisition of certain assets of Total – Chevron Kenya.
• Advising the Privatization Commission of Kenya as part of a Consortium led by Ernst & Young in the proposed privatization of five sugar companies in Western Kenya, that is, Sony Sugar Company Limited, Nzoia Sugar Company Limited, Muhoroni Sugar Company Limited, Miwani Sugar Company Limited and Chemilil Sugar Company Limited.
• Acted as Team Leader in the legal advisory team to the Privatization Commission on two on-going Privatization transactions; the privatization of the five government owned sugar companies and the sale of 25% shareholding by the Government of Kenya in East Africa Portland cement.
• Acting as Legal Team Leader in the largest privatization project in East and Central Africa on the sale of 25% of the Government of Kenya’s shareholding to the public and subsequent listing of Safaricom Limited on the Nairobi Stock Exchange. This was one of the largest Initial Public Offerings in Africa.
• Acted as Legal Team Leader in advising on the acquisition of business and assets of former Kenya Co-operative Creameries (KCC) by Government of Kenya and transfer to New KCC.
• Advised and assisted several multinational companies in setting up a presence in Kenya or enter into partnership, joint venture or other arrangements that allow them to have a presence and conduct business in Kenya. These include Orana A/S (a Danish company), Invest in Africa (a company registered in Gunsey and a subsidiary of Tullow), EnviroServ Waste Management Limited (a company with presence in several African and Middle East countries).
• Legal Team Leader of the legal advisory team in the first Initial Public Offering in Rwanda, of Bralirwa Limited on the Rwanda Stock Exchange.
• Legal Advisor to Kingdom Zephyr Africa Management Company on a proposed USD 200M securitization of corporate debt in Kenya including undertaking a detailed legal review of the Kenyan legal, regulatory and taxation regime with respect to the securitization of corporate debt and other receivables, advising on the structure and drafting the various transactional documents required.
• Advised Investeq Capital Limited, a financial advisory firm licenced by the Capital Markets Authority and focused on providing capital to SMEs in structuring a debt issue of corporate bonds to be placed privately for a real estate development.
• Currently advising Zoscales Partners, a private equity firm, in an equity and debt investment of USD 10 Million in Premier Hospital Limited which role includes undertaking a detailed legal review of the Kenyan legal, regulatory regime with respect to the medical sector, advising on the structure and drafting the various transactional documents required.
• Advising Universal Corporation Limited, a local pharmaceutical manufacturer in two rounds of equity and debt fundraising from FINNFUND: the first, a USD 8 million investment structured as part ordinary equity and part preference shares; and the second, a €10 million investment structures as part preference shares, part share purchase and part debt.
• Advising Kingdom Zephyr, a New York based private equity fund, on the structure of a proposed USD 202 million securitization of a corporate debt in Kenya, the first transaction of such nature in Sub-Saharan Africa.
• Advising Interconsumer Products Limited, a local manufacturer of personal care and beauty products, in its acquisition by L’Oreal.
• Advising Meridian Medical Limited, a local company that runs medical clinics, in four rounds of investment by TBL Mirror and Acumen Fund, a private equity firm.