Kenya's Economy

In 2020, the Kenyan economy has been adversely affected by the outbreak of Covid-19 Pandemic and the swift containment measures, which have not only disrupted the normal life and livelihoods, but also to a greater extent businesses and economic activities. As a result, the economy grew by 4.9 percent in the first quarter of 2020 compared to a growth of 5.5 percent in the first quarter of 2019. The economy further contracted by 5.7 percent in quarter two of 2020 from a growth of 5.3 percent in the same quarter in 2019. The performance of most sectors of the economy contracted in the second quarter of 2020. However, the economy was supported by improved performance of Agriculture, Forestry and Fishing activities, Health Services and Mining and Quarrying activities.

Experience

• CDH represented the Kenya Urban Road Authority, the State Corporation under the Kenyan Ministry of Transport and Infrastructure. Our projects & energy team is advising this client in the second Nyali Bridge PPP Project. Our work on this major mandate including advising in connection with the design; finance; construction; operation; maintenance; and transfer of a bridge and road project in Mombasa, Kenya.
• Assisted with Association Agreements entered into with local media business partners for Dentsu Aegis Network (Kenya, Uganda, Tanzania Nigeria, Ghana, Benin, Malawi and Madagascar).
• Advised OneLogix on a logistics business joint venture (Kenya).
• CDH acted for SAP regarding the application of several HR and employee policies in use in South Africa, Angola, Nigeria, Kenya and Morocco.

CDH Kenya

• We advised Akili Partners on its group reorganisation and investment by various investors including The Kays Foundation.
• Advised BBOXX Capital and obtained stamp duty exemption and assisted with the transfer of shares for its group re-organisation and investment by EDF.
• We advised BBOXX Capital on conversion of debt to equity, the release of share pledge and implementation of the creation, subscription and allotment of shares to Beyond Energy Investment.
• Our team acted for Africa's Talking on their equity investments into startup companies in Kenya.
• Acted for shareholders of Espanola de Investments a company in the restaurant industry in Kenya, in relation to their shareholder agreement.
• Acted for a Senior Executive with respect to his employment in Kenya.
• Advised Population Services International on the data protection framework of in Kenya following the enactment of the Data Protection Act, 2019 and on the intellectual property regime across the full catalogue of IP right categories.
• Advised a large retail supermarket chain on a debt restructuring plan that culminated in a Company Voluntary Arrangement (“CVA”) with hundreds of creditors.
• Advised a leading food services franchisee on an appropriate business rescue mechanism under the Insolvency Act 2015. 
• We successfully restrained the government from demolishing an estate of luxurious apartments along the coastal line of Mombasa worth KES 2 Billion.
• Our team supported the development and drafting of Kenya’s Draft Energy (Mini-Grid) Regulations, 2021 on behalf of the Energy and Petroleum Regulatory Authority (EPRA).
• We drafted subsidiary legislation under the Climate Change Act, 2016, on behalf of the Ministry of Environment and Forestry and the Climate Change Directorate, on Duties for Public and Private Entities, Monitoring, Reporting and Verification (MRV), and Penalties and Incentives.
• Our team carried out a regulatory due diligence of Kenya’s waste sector for private sector engagement and a review of cross-border investing under the UNDP-funded Waste Sector Technical, Legal and Financial Readiness for Private Sector Engagement Project (Kenya).
• We were the legal advisor to Basigo, Kenya’s first electric bus company. In particular, she advised on restructuring the shareholding of the Kenyan entity so as to make it majority owned by the parent company in Delaware. This was to pave the way for investments into the group by funds such as Novastar. She was also involved in providing extensive tax and legal structuring advice during set up. She has also advised on and assisted in developing documents for Basigo's PAYD battery leasing structure. She continues to provide day to day legal advice to the company for Kenya law compliance purposes. We provide all round support to Basigo including on real estate, intellectual property, data protection and corporate compliance matters]
• Our team DOB Equity on its convertible debt investment in Victory Farms. Her role included conducting an extensive legal and environmental due diligence on the target and advice on conditions to investment. Subsequently advised AgDevCo on their investment into Victory Farms. Her role included updating the legal and environmental due diligence on the target and providing advice on conditions to investment. Victory Farms is one of the largest aquaculture farms in Kenya. The DOB and AgDevCo investment into Victory Farms went on to win small cap deal of the year at the East Africa Venture Capital Association Awards 2021.
• We advised Proparco on their pre-series A investment into Moringa Schools. This was done by way of a convertible note. Her role included advising Proparco on due diligence issues, recommending conditions to disbursement, monitoring for meeting of conditions, drafting and negotiating the convertible note and an agreed form of the shareholders agreement following conversion.
• We advised Mawingu Networks on both their Series A and Series B equity raise from two private equity funds. Her role in the Series A transaction included restructuring the companies’ shareholding, reviewing and negotiating the subscription agreement, preparation of a disclosure letter, application for regulatory approval from the Competition Authority and the Communications Authority and coordinating with the Mauritius counsel. Her role in the Series B equity raise included negotiating the note purchase agreement, preparing a disclosure letter and negotiating it, advising on subordination agreements with existing lenders, assisting with conditions precedent and closing formalities.