Alex Kanyi

Alex Kanyi

Partner

Alex Kanyi is a Partner in our Tax & Exchange Control, Dispute Resolution, and Corporate & Commercial paractice areas. Alex has worked in Kenya and Ireland for clients with operations in Europe, Asia and Africa.  He has extensive experience in tax structuring, tax dispute resolution, international tax advisory, risk management, restructuring, legal audits, legal due diligence, company secretarial, acquisitions, corporate governance and regulatory compliance.

t +254 724 498 999

Alex has worked with KPMG East Africa in various capacities and was its Regulatory Services business lead in East Africa for six years up to 2022. He has also worked in KPMG Ireland in 2019-2020 as Manager, Legal Services. In 2022, Alex joined Kieti Law LLP as a Partner.

 

Tax dispute resolution 

  • Successfully represented an Australian mining company at the Tax Appeals Tribunal to defend an Income Tax assessment claim of USD 9.4 million
  • Successfully represented a French based company at the Tax Appeals Tribunal and at the High Court to defend a VAT assessment of USD 2.1 million
  • Successfully represented a Kenyan manufacturing company at the Tax Appeals Tribunal to defend a VAT assessment of USD 2.5 million
  • Successfully represented an American multinational technology corporation to defend a VAT assessment at the Tax Appeals Tribunal.
  • Successfully represented an agricultural processing company to negotiate with the Kenya Revenue Authority and resolve an Income Tax assessment of USD 7 million
  • Successfully represented a multinational beverage company to negotiate with the Kenya Revenue Authority and resolve an Income Tax assessment of USD 67,000.

Tax and legal structuring 

  • Advised a Japanese company on the tax structuring of an EPC contract to build a 165 MW geothermal power plant. The project was sponsored by JICA and was commissioned in 2022.
  • Advised another Japanese company on the tax structuring of an EPC contract to build an 83 MW geothermal power plant. The project was sponsored by JICA and was commissioned in 2022.
  • Advised a global motor vehicle assembling company based in France on optimising the tax implications on restructuring their operations in East Africa through an asset transfer deal.
  • Advised a local insurance company on the tax structuring for the carve-out of their life insurance business. Specifically advised on the tax considerations in the Portfolio Transfer Agreement, Business Transfer Agreement and the Business Separation Agreement and Corporate Restructuring Agreement.
  • Advised a US based company on the tax structuring for their investment in a local company through conversion of a USD 15 million loan to preference shares.
  • Advised a tier one bank with presence in 11 African countries on the optimal tax structure for their Employment Share Ownership Plan across its group.
  • Advised a UK company on a group restructure for its operations in Ireland, UK and Africa.
  • Advised a Portuguese company on setting up a motor vehicle assembly plant in Kenya
  • Advised a private equity firm on setting up their regional office in Kenya. The Firm’s investments are dedicated to Africa and Europe, with an investment capacity exceeding EUR 800 million.
  • Advised a South African agricultural processing company on setting up a regional office in East Africa.
  • Advised as Irish company on setting up and operating a foreign company in Kenya for construction of a Biomass plant of EUR 30 million in Kenya.

Mergers and Acquisitions 

  • Advised a tier one regional bank in Africa on the acquisition of a fund management and trustee firm
  • Conducted a buyer due diligence and advised an Australian based company on acquisition of shares in a local dating company.
  • Advised a UK company on acquisition of an international group of schools in Kenya.
  • Conducted buyer legal due diligence and advised on acquisition of a solar plant by a company based in Eastern Europe.

Insolvency 

  • Carried out the first voluntary liquidation in Kenya under the new Insolvency Act in collaboration with the Official Receiver. The members voluntary liquidation was for a local telecommunications company.
  • Assisted two related agricultural companies to successfully wind up through a members’ voluntary liquidation.
  • Assisted a contractor in a power project to successfully wind up through a members’ voluntary liquidation.
  • Assisted a security company to successfully wind up through a members’ voluntary liquidation.

Company secretarial

  • Assisted a US based company on creation and allotment of preference shares after converting a USD 15 million loan to equity
  • Assisted several companies to effect changes on their directors, office address and other details at the Registrar of Companies.
  • Assisted to set up several multinational companies in Kenya
  • Assisted several multinational companies to effect transfer of shares at the Registrar of Companies
  • Gold Standard Award for Young People, President’s Award
  • Silver Standard Award for Young People, President’s Award
  • Alex has been named as 1st runner up for Pupil Master of the Year, in the 5th Annual Nairobi Legal Awards

Education 

  • Masters of Laws (LL.M), International Trade and Investments Law, University of Nairobi (ongoing)
  • Postgraduate Diploma in Law, Kenya School of Law
  • Bachelor of Laws (LL.B) (2nd Class Honours, Upper), Moi University
  • Certified Public Secretary
  • Certified Public Accountant
  • Certificate, Legal Audit, Kenya School of Law
  • Certified Trainer, Africa Facilitators Accreditation Program, KPMG

Memberships 

  • Law Society of Kenya
  • Institute of Certified Secretaries
  • Institute of Certified Public Accountants of Kenya
The Hustler Economic Revival
14 November 2022 Tax & Exchange Control

The Hustler Economic Revival

Alex Kanyi, Partner in the Nairobi Tax & Exchange Control practice recently sat down with NTV to discuss the changing tax laws in Kenya.

Collection of rental income tax is nothing new
26 October 2022 Tax & Exchange Control

Collection of rental income tax is nothing new

CDH Kenya Partner, Alex Kanyi joined NTV to discuss the collection of rental income tax. He delves into the notice issued by the Kenya Revenue Authority authorising its agents to ask for information of landlords' details from tenants, which information may be used for their rental income tax assessments.

Kenya Kwanza taxation plans
24 October 2022 Tax & Exchange Control

Kenya Kwanza taxation plans

Alex Kanyi, a Partner in our CDH Kenya Tax & Exchange Control joined Business Redefined show on NTV Kenya to discuss the Kenya Kwanza taxation plan. In this interview, Alex together with a panel of experts delve into the new taxation plans and issues regarding taxations in light of the new government

Tax potential of Kenyan counties
14 October 2022 Tax & Exchange Control

Tax potential of Kenyan counties

Alex Kanyi, Partner in the Tax & Exchange Control Practice at CDH Kenya recently discussed the internal revenue potential of counties in Kenya. Watch his interview with CNBC Africa here

Kenya's increased rate of capital gains tax
29 September 2022 Tax & Exchange Control

Kenya's increased rate of capital gains tax

Alex Kanyi, Partner in our Tax & Exchange Control practice at CDH Kenya, recently discussed the increased rate of capital gains tax from 5% to 15%, which will take effect from 1 January 2023.

Alex Kanyi discusses carbon tax
23 September 2022 Tax & Exchange Control

Alex Kanyi discusses carbon tax

CDH Kenya Partner, Alex Kanyi provided insights on South Africa's carbon tax on the BBC Studios Money Daily show.

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Tax Revenue Potential
26 January 2023 Tax & Exchange Control

Tax Revenue Potential

Alex Kanyi, Partner in the Tax & Exchange Control Practice at CDH Kenya recently discussed the internal revenue potential of counties in Kenya

Renewed efforts by the taxman to collect rental income tax
17 November 2022 Technology, Media & Telecommunications

Renewed efforts by the taxman to collect rental income tax

On 18 October 2022, the Kenya Revenue Authority (KRA) issued a notice to the public of its intent to undertake a data collection exercise on rental properties within Nairobi City County and the Nairobi Metropolis. This exercise, which entails moving from house to house to collect information from tenants on their landlords, has elicited reactions from the public. Accordingly, the taxman's move raises a lot of questions, for tenants, landlords, and the public at large. Some of the key questions that need to be addressed include: what Rental Income Tax (RIT) is, how it is paid, how KRA can enforce payment of RIT under the law, the parts of the country where KRA's data collection exercise be conducted, whether KRA has conducted similar data collection exercises before and what the key data protection issues are. Click here to listen as Alex Kanyi, Shem Otanga, and Joseph Macharia provide some clarity on the taxman's data collection exercise, its legal founding under current law, and the implications to taxpayers and KRA.

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