JMK PARTNERS ADVOCATES LLP

JMK offers the following services under Real Estate & Property Law Services;

1. Representing corporates and individuals in all stages of sale and purchase of land transactions, including the pre-contractual stage relating to conduct of due diligence and offering a due diligence report, contractual stage which involves drafting, negotiating, review and engrossing of the agreement for sale and seeing to the execution by parties and the post-contractual stage which involves the drafting and execution of the transfer of instruments over the property and attending to the registration of the transfer and issuance of a title. 
2. Representing developers in structuring real estate developments negotiating sale agreements and leases; registration of sectional titles for unit buyers as per the Sectional Properties Act, 2020 and incorporation and registration of Owners’ Corporation to manage common areas of the estate among other obligations.
3. Drafting and negotiating residential and commercial leases and seeing to appropriate registration of the leases where needed. 
4. Advising and acting for various clients in the process of Amalgamation, Change of User and Sub-Division as well as Renewal & Extension of Leases. 
5. Rendering legal advisory services on all the relevant land use, land management, planning and zoning laws in Kenya.
6. Legal advisory services on the core land laws such as the Land Act, the Land Registration Act, the Sectional Properties Act, 2020 and their subsidiary legislations.

Under business law the Firm offer diverse legal services including, General Corporate and Commercial Law Services, Banking and Finance Law services, Financial Technology (FinTech) law services, Business registration services, contract review services, Legal Audit and Compliance, General Company Secretarial Services, Mergers, Acquisitions and Corporate Reorganizations, Investment Funds, Private Equity & Venture Capital, Technology Media and Telecommunication Services, Intellectual Property Law Service, Tax Law Services, Infrastructure & Public Private Partnerships, Energy Oil & Gas, Legislative Drafting & Policy Formulation.

The firm offers Insolvency, restructuring and Bankruptcy legal services as follows;

Our insolvency practice comprises of a team lawyers who have been involved in notable corporate insolvencies /liquidation, restructuring work and have experience in alternatives to liquidation such as administration, business rescue mechanisms and debt restructuring. We are well versed in both corporate insolvency and personal bankruptcy. 

We advise businesses on diverse aspects which include;

• Advising on different restructuring and insolvency options available to the business 
• undertaking formal or informal insolvency, restructuring, bankruptcy, or administration and assisting with the legalities and strategic advice of entering into the preferred insolvency procedure
• Drafting and advising on restructuring plans or proposals 
• Undertaking court and official receiver processes and filings required under the Insolvency Act 
• Advising on fiduciary and directors’ duties, particularly in the period leading up to insolvency. 
• Negotiating repayment agreements with with creditors or debtors and recovering money owed by an insolvent individual or company 
• Dealing with Kenya Revenue Authority and claiming reliefs or offsets 
• Undertaking sale, acquisition, or transfer of insolvency assets or an insolvent business where needed, whether that acquisition is by existing management or an independent third party
• Undertaking insolvency litigation and dispute resolution including defending winding-up petition and other creditor actions 

We also represent insolvency practitioners in their official capacity as receivers, administrators, liquidators or trustees and advise them on a myriad of issues which include;

• Drafting deeds of appointment, engagement contracts, deeds of indemnity, terms of reference between the Insolvency Practitioners and the appointing creditor, company, or directors 
• Making statutory filings with the Registrar, Official Receiver, High Court, Lands Office and other required/ necessary parties 
• Review and advise on the preparation of proposals, notices, statements of affairs, correspondence with creditors and other parties, the conduct of creditors meetings etc.
• Making applications to the Court for appointment of an administrator, extension of administration, an extension of time to comply with statutory requirements, the resignation of administrators and bringing an end to the administration 
• Advising on employee retention, termination and compensation during insolvency 
• Guiding the administrator, receiver and liquidator on preferential and other payments 
• Provision of tax advisory on transactions, payments, KRA demands, County Government rates, etc 
• Representing the administrator, receiver, liquidator and company in claims brought by or against them 
• Applying to the court for moratoria to prevent enforcement action by creditors, judgment debtors, auctioneers and other persons in order to preserve the assets 
• Representing the insolvency practitioners before regulators and undertaking other required government relations assignments 
• Undertaking due diligence, placing caution and restrictions on the creditor property and advising on agreements for sale or transfer of business and or assets
• Drafting, negotiating and advising on contracts and agreements involving the creditor  

The Firm also has a vibrant debt collection unit which supplements and complements any Court action against debtors. JMK boasts of its ability to recover debts and reach amicable settlement without necessarily pursuing litigation. At JMK no client or debt is too small or too big. We specialize in recovering both commercial and personal debts.

The debt recovery department is comprised of astute advocates with exceptional negotiation skills but very shrewd in ensuring that the interests of the Creditor are well catered for. While a lot of companies use debt collection agencies, it has been our experience that debtors will respond to lawyers when faced with the imminent threat of litigation, insolvency or liquidation. A demand from a lawyer has more weight and will likely produce a positive effect as opposed to a demand from a debt collection agency. Owing to the teams’ industrious nature, we boast of an 80% success rate in all our dealings. 

Though we are aggressive, we have always pursued our client’s debts with professionalism, integrity, and sensitivity to ensure that our dealings are in compliance with law and where possible the commercial relationship between our clients and the debtors is maintained.

Conversely, if you are on the receiving end and pressed with debts perhaps to the extreme of insolvency, bankruptcy or liquidation, we offer our services to shield you from creditors and negotiate a reasonable payment proposal or a debt restructure to cushion you as you make good your default.

The Firm runs a Litigation and Dispute Resolution Department that is bent on sourcing for solutions in every complex issue. Our litigation team consists of members who are innovative, research oriented and above all, they are passionate and spirited advocates. We have represented clients across board from the Apex at the Supreme Court to the small claims Court which is at the lowest tier. We have also represented individuals and corporates in Tribunals, Mediation, Arbitration, Conciliation etc.

We boast of our capacity having represented notable corporates and individuals in highly complex and contested suits touching on Commercial disputes worth up to 3 billion, Land claims, Tax briefs and Tax Appeals, Constitutional Petitions, Election disputes, Criminal matters, Employment and Labour Related disputes, Children Causes, Divorce Causes, Claims of Tort, Intellectual Property disputes, Probate and Administration Causes among othe

Our lawyers understand how to navigate the intricate and complex consumer protection laws and are up to speed with East Africa’s very dynamic legal market. We are well placed to defend our clients in disputes emanating from consumer products. Whether you are a retailer, supplier, investor or other stakeholder, we have sector specific experience in transactional, regulatory and contentious matters.

Our lawyers act on a wide range of intellectual property matters involving opposition, rectification and infringement litigation as well as the more routine matters of registration of copyrights, trademarks, patents, utility models and industrial designs, renewals, assignments and registered user and license agreements.

JMK expertise includes negotiating settlements of trademark disputes, advising on copyrights and plant breeders rights as well as advising on franchising agreements for both international and local franchisers.

 Our IP team has successfully acted for both Kenyan and international companies on their various IP matters.

The Firm offers advisory on the legal and regulatory provisions and policies that govern the technology, media and telecommunications industry including advisory on privacy and data protection law, protection and commercialization of intellectual property, licensing and regulatory approvals, advisory relating to various technologies, including wireless, telephony, satellite and submarine cables, internet and broadband.  The Firm also offers its services in drafting and negotiating license or purchase agreements including software license agreement, software development agreement, cloud computing agreement among others.