Damaris Muia

Damaris started her legal career as a Legal intern at a firm in Kenya in 2016. 

She then joined another firm in Kenya as a Trainee Lawyer in 2021 and was appointed as an Associate in 2022. Damaris joined CDH Kenya as an Associate in the Corporate & Commercial practice in December 2022.

M&A

• Advising Acumen and Conducted due diligence on SokoFresh, a Kenya-based company providing storage solutions in the agricultural sector. The target was also considering partnering with a Mauritius-based conglomerate to establish a special purpose vehicle to own some of the target’s assets. We were involved in reviewing the transaction documents to secure our client’s interests. The transaction involved investing in a local company to reduce post-harvest losses and enhance food security.
• Assisting Acumen Fund Inc (Acumen) with conducting due diligence on Kurasa, a Kenya-based company providing digital solutions in the education sector, for a potential investment. The due diligence required extensive expertise in connection with compliance requirements in the education sector.
• Advising Acumen on a proposed investment into Aquarech, a leading Kenya-based fish farming platform. Aquarech has developed a novel fish farming application.
• Advised Acumen on its proposed convertible note investment in Raino Tech4impact d/b/a Keep IT cool. We conducted a full-scope legal due diligence investigation to assess any potential risks associated with the proposed investment. We also assisted the target with amending its articles of association and board charter in relation to the proposed investment.
• Advising Metal Cans on the proposed acquisition of assets of Nampak Kenya, also in the metal packaging manufacturing sector in Kenya. Nampak Kenya is ultimately controlled by Nampak which is listed on the Johannesburg Stock Exchange. Our team is assisting Metal Cans in reviewing the asset purchase agreement, obtaining approval from the Competition Authority of Kenya and completion of the sale.
• Assisting Serengeti Energy with negotiating its exit from rAREH Icon Solar by a sale of shares. Serengeti Energy had provided several loans amounting to circa US$1.9 million to the target company. The transaction required us to creatively include these loans as part of the purchase price.
• Assisting Sasini in relation to its proposed acquisition of a leading tea producer in Kenya, with operating subsidiaries in Kenya, Tanzania and Rwanda. The transaction involved undertaking a legal due diligence over the target entities, reviewing and amending of the share purchase agreement, tax deed and produce supply contracts.
• Representing a UK Based insurer, who is underwriting a W&I insurance policy relating to an investment into a leading insurance company based in Kenya. The transaction involves a subscription of shares thus the client is ensuring the warranties contained in the share subscription agreement.

• Representing a UK Based insurer, who is underwriting a W&I insurance policy relating to an investment into a leading insurance company based in Kenya. The transaction involves a subscription of shares thus the client is ensuring the warranties contained in the share subscription agreement.

Banking & Finance

• Advised Mirova SunFunder (as arranger, agent and security agent) in a syndicated USD 11M financing to SunCulture by a group of lenders comprising Triodos Investment Management, Nordic Development Fund, AlphaMundi and the AfDB’s FEI OGEF managed by Lion’s Head. Our team also advised Mirova SunFunder in relation to an additional facility worth USD 1M to SunCulture including drafting and registering the security documents, namely the further debenture and share pledge and assisting with novation of the security documents to a new security agent.
• Advised EMF Microfinance Fund on its US$3 million loan facility to Asa International (Kenya). Our team assisted with the review of the Liechtenstein law-governed loan agreement; and provided a Kenyan law enforceability opinion in relation to the facility agreement.
• Advised Spark+Africa Fund SCSP, Blue Orchard Credit and Nithio in relation to each of their facilities to Alternative Energy Group SARL (Altech). Our team assisted with reviewing each of the loan agreements, security documents and the intercreditor agreement. We also issued local law enforceability and English law opinions; and assisted with the registration of the security documents in favour of the lenders in the DRC.
• Advising Lendahand Ethex Ltd (Energise Africa Ltd) in relation to a GBP 3M facility to Altech. Our team is assisting with preparation of the local law security documents and reviewing the Intercreditor Agreement. We are also overseeing the registration of the security documents in the DRC.
• Advising the IFC and CDP in relation to their US$210 senior term loan facility to Eni Kenya. Our role included reviewing the English-law governed common term loan agreement as well as the loan agreements for each of the IFC and CDP. We advised on the necessary permits required of the borrower to undertake its projects in Kenya and prepared a legal opinion for the benefit of both IFC and CDP.
• Representing Altech Group by preparing a capacity and authority legal opinion on the enforceability of a sustainable off-grid energy services agreement relating to a Beyond the Grid for Africa Fund (BGFA) funding facility of €5 million between Altech and the Nordic Environment Finance Corporation (NEFCO).
• Advised Oikocredit, Ecumenical Development Cooperative Society, U.A in relation to its USD 6M loan facility to Burn Manufacturing USA LLC. Our team assisted in the review of the English law governed facility agreement, preparation and perfection of the Kenyan law governed security documents and issuing English law and Kenyan law enforceability opinions.
• Advised Kudura on a proposed financing by Stichting Clean Energy and Energy Inclusion for Africa (CEI Africa). We provided a borrower’s capacity and authority legal opinion in relation to Kudura’s entry into the facility agreement. Our team also assisted with reviewing the security documents specifically an all-asset debenture and deed of assignment in favour of CEI Africa.
• Advised CEI Africa in relation to its €1.15 million facility to Kudura Power East Africa (Kudura), one of the leading energy utility companies operating renewable mini grids serving rural off-grid communities in East Africa. Our work involved reviewing the facility agreement; an all-asset debenture; and deed of assignment in favour of CEI Africa.
• Advising a leading Mauritius-based banking institution with reviewing a second further specific debenture to secure facilities extended to a borrower. The transaction involved attempting to secure an additional financing worth US$75 million for a borrower with existing liabilities from various lenders.
• Assisting a top tier bank based in Mauritius with the review of the facility letter, general terms of trade, the instruction letter, the banker’s lien and the deed of assignment to ensure compliance with Kenyan law; and preparing a specific debenture to secure the facilities extended to the borrowers. The transaction involved attempting to secure a financing worth US$110 million for a borrower with existing liabilities from a different lender.
• Part of the team advising a key repeat lender client on complex cross-border financing. Our work included reviewing the facility letter, general terms of trade, instruction letter, banker’s lien and deed of assignment to ensure compliance with Kenyan law; and preparing a specific debenture to secure the facilities extended to the borrowers
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