Corporate Transactions Capabilities – Kenya

Ong’anya Ombo Advocates LLP is ALFA International’s member firm in Kenya and is a full-service law firm offering strategic, dedicated, and curated legal solutions.

Types of corporate transactions in which our firm has particular expertise:

  • Sector Specific Practice (examples: Anti-Counterfeit Authority, Betting Control & Licensing Board, Capital Markets Authority, Central Bank of Kenya, Communications Authority, Competition Authority, Export Processing Zone Authority, Immigration Office, Insurance Regulatory Authority, Kenya Industrial Property Institute, Kenya Revenue Authority, Office of the Data Protection Commissioner, among others)
  • Corporate Structuring & Regulatory Compliance
  • Commercial Contract Drafting & Structuring
  • Public Policy and Stakeholder Engagements
  • Real Estate & Property Law

The size of our firm’s corporate transactions team

Four team members.

Examples of transactions our firm has undertaken

  • Merger & Acquisition (Q4 of 2021 to Q1 of 2022): advising a target on an intended M&A deal that had transitioned from financing through a Joint Venture (JV). The intended acquirer was PR company with a HQ in NY, US. Our advise resulted in our client dropping the deal as there a series of traps that the acquirer was not open about it during the preliminary discussions and unfavourable EBIDTA and earnout terms.
  • Venture Capital (Q1 of 2022): we advised and conducted external due diligence on behalf of a US based venture capital firm that was interested in investing in companies that are making a gross revenue of USD 20 million to USD 30 million in a year. The limited scope of work was to analyse the company’s articles of association (constitution), corporate ownership and governance, financial facilities linked to the company, and regulatory compliance factors.
  • Hard Commodities (Q2 of 2022): conducting due diligence and structuring a deal whereby a British Citizen, through a pool of investors, wanted to purchase gold quoted at USD 153 million with the pilot phase being worth USD 21 million. We established that the people behind that transaction were a scam not to mention the data presented was either false or distorted saving our Client USD 21 million and his reputation across his network of investors.
  • FinTech (Q3 of 2022): we have advised a Client and prepared documents for purposes of enabling the Client to secure a Payment Service Provider (PSP) license from the Central Bank of Kenya. The difference on this application is that it may require by-passing Communications Authority as the Client is not keen on engaging Telcos to host its solution – by-passing the government agency is a key issue since the regulatory framework generally requires to engage Communications Authority.
  • FinTech (Q4 of 2022): structured and advised a company on securing a licensing application from the Central Bank of Kenya. Regardless of the applicant issuing instructions late, hence, the application being made late, we convinced the Central Bank of Kenya to consider the status of our Client in relation to the provision of the law, which resulted in the Client being allowed to operate pending the assessment of its application.
  • Project Financing (Q4 of 2022): we have advised and prepared mutual contracts per client instructions for purposes of securing USD 400,000 for first project capital injection for a fintech solution regulated by the Central Bank of Kenya and Capital Markets Authority of Kenya. The investor, TX, US based, already effect first milestone investment of USD 25,000 to kickstart the project.
  • PR & Telemarketing Solutions (Q4 of 2022): we advised a Belgian company with presence in Kenya on how to go about a breach of its intellectual property by a global brand that has reported a revenue of more than USD 18 billion in 2022. In assessing our Client’s interest, it was suitable to tackle the matter through a model that will secure them more business – the proposed model has seen our Client secure more contracts from the company – not to mention it will be able to work with the global brand in other countries.