Kariuki Muigua & Co.

KM&CO is a broad-based corporate and commercial law practice which believes tailoring its services to meet the given client’s real time needs. We offer diverse corporate and commercial law services to our clients including:

• Incorporation and registration of local and foreign companies and business names
• Private and public company commercial work including undertaking due diligence, share sales and transfers and asset sales, joint ventures and franchising agreement.
• Advising financial institutions including banks, micro-finance institutions, insurance companies, telecommunications and Export Processing Companies on licensing and regulation requirements in Kenya.
• Transfer of businesses and ownership, mergers and acquisitions including dealing with general regulatory and compliance matters and Capital Markets Authority regulations.
• Handling Partnership agreements, trusts and estates.
• Acting for receivers of companies and representing parties interested in liquidations.
• Advising investors, both local and foreign, on investments in Kenya including investments under Export Processing Zones.
• Acting for both management teams and financiers in management buy-out and buy-in transactions.
• Advising corporate clients on Kenyan and regional competition and monopolies law.
• Undertaking corporate reporting and regulatory compliance services for leading companies in Kenya and the East African Region.
• Advising on labour matters including terms and conditions of employment, lay-off and termination of employment;
• Preparing and reviewing security documentation including debentures, chattels mortgages, charges and lender agreements for loans and other financial commitments;
• Preparing commercial agreements including sales agreements, general contracts, marketing and distribution agreements among others;
• Advising on corporate restructuring, equity and finance including mergers and acquisitions and transfer of business and ownership.
• Assisting in tax law compliance and advising on tax matters.
• Ensuring compliance with Kenyan ICT law on behalf clients in the Information, Communication and Technology sectors.
• Advising on matters of Corporate Social Responsibility and ISO certification for our corporate clients.

KM&CO lawyers have extensive exposure and training in Alternative Dispute Resolution and are members of, among others, the Chartered Institute of Arbitrators (CIArb) (K) and London Court of International Arbitration (LCIA). We frequently assist our clients in arbitration and Alternative Dispute Resolution (ADR) processes including Negotiation, Mediation and Adjudication. Given the inefficiencies of the court system, we occasionally find ourselves advising our clients on the options available in the Alternative Dispute Resolution system and the best approach and strategy to adopt to achieve the desired need. Equally, we offer mediation services and conduct arbitral proceedings on matters that are referred to us either by parties themselves of by any other appointing authority.

Our Dr. Kariuki Muigua is recognised nationally and globally, with the Chambers and Partners rating him as one of the best dispute resolvers in the country. He has been described as ‘a highly respected arbitrator and mediator with a sterling background in commercial and constitutional cases, as well as matters relating to the environment and natural resources’.

Our practise is international. We advise and represent clients in International Courts and Tribunals. We practice Negotiation, Mediation and Arbitration across jurisdictions in collaboration with lawyers who are knowledgeable in ADR and Arbitral practice.

KM&CO are possessed of many years experience in all aspects of land Law and Property transactions in Kenya and in the larger eastern Africa Region. Our practice in property law matters entails assisting in all aspects of land and property acquisition, management and disposal. In that regard, the various services we undertake for our clients include:

• Drawing and negotiating property-related contracts and transfers;
• Drafting, executing and lodging leases, easements, licenses and Rights of Access;
• Drawing charges, discharges of charges, mortgages and reconveyances;
• Assisting in sub-divisions, changes of user, extension of Government Leases, Rectification of Titles;
• Obtaining of the necessary consents for land transactions and development;
• Paying of land rent and rates on behalf of clients and obtaining clearances;
• Undertaking searches and due diligence on property and land in Kenya and elsewhere around the world
• Applying for and lodging caveats, cautions and prohibitions to protect client’s interests;
• Drawing and advising on Powers of Attorney;
• Forming Trusts and drawing trust deeds relating to land and property;
• Assisting in probate and administration of estates of deceased persons;
• Advising clients generally on all aspects of land and property law;

At KMCO we understand the value of property rights and the impact they have on individuals and their businesses today. Thus we handle an array of intellectual property matters such as advising our clients on the need to protect their marks, inventions, utility models and registrability of the same, conducting preliminary searches and registration of marks, patents and industrial designs with the Kenya Intellectual Property Institute (KIPI) and ARIPO, renewals of registration licenses for the same and payment of annual maintenance fee where applicable, on behalf of our clients. The firm has also negotiated settlements and arbitrated over intellectual property disputes and advised on infringement of rights.