Njeri Wagacha

Acting for an evergreen investment company in their acquisition of a company managing schools across four jurisdictions. This included conducting a comprehensive due diligence on the target.

Advising a licensed fund management company in conducting a comprehensive due diligence on the acquisition of a forest as well as in the preparation and negotiation of the transaction documents.

Acting for a client in the telecommunications industry with respect to conducting a high-level due diligence on the acquisition a leading tier 1 carrier in East Africa, offering fibre optic cable and satellite solutions.

Acting for a fund manager that invests in local, entrepreneur-led businesses in Africa in undertaking a red flag due diligence on a Kenya-based entity in the manufacturing and retail industry and assisting in entering into a convertible loan agreement.

Assisting one of Europe's leading early impact VC acquire equity, into an entity that provides employer of record services throughout Africa. Our work on this transaction included conducting a high-level due diligence and confirmatory due diligence exercise on the target's entities in Ghana, Eswatini, Zimabwe, Senegal, Zambia, Rwanda, Uganda, Nigeria, Mozambique, Namibia, Botswana, Liberia, Burkina Faso, Democratic Republic of Congo, Guinea Bissau, Benin, Tunisia, Morocco, Togo, Malawi, Tanzania, Madagascar, South Africa, Lesotho, Sierra Leone, Côte d’Ivoire, Cameroon and Burundi.

Acting for Alphajiri Investment Fund LLP in undertaking a high-level due diligence and negotiating a debenture, promissory note and guarantee in respect of a USD multimillion investments into Ilara Health, a network of small healthcare providing lifesaving and essential diagnostic tools to improve the quality of medical care in Sub-Saharan Africa.

Advised Bateleur Investments on the acquisition of its shareholding in Morgan Air & Seafreight Logistics Kenya and Morgan Cargo by Kuehne + Nagel. This transaction involved the acquisition of 100 per cent of the shares in Morgan Air & Seafreight by Kuehne + Nagel.  This resulted in Kuehne + Nagel being the sole shareholder of Morgan Air & Seafreight Kenya.

Acting for the Riara Group of Schools Limited in purchasing 100% of shareholding in Runda Gardens Development Limited, which is an entity that owns a parcel of land and the buildings which Regis Runda Academy Limited, operates a school on. As part of the first phase of the transaction, we assisted Riara in the negotiations of taking over the management of the school and property by negotiating and drafting a services agreement, term sheet and memorandum of understanding between the respected parties.

Acting for Cradle Journey Limited in carrying out a high-level due diligence on Desert Rose Kenya Limited a boutique hotel located in a remote part of Kenya and drafting transaction documents including a share purchase agreement and shareholders agreement with respect to the purchase of 40% of the shareholding from the founder of the target.

Advising the companies below in obtaining regulatory approval from the Competition Authority of Kenya (CAK) and COMESA Competition Commission (CCC) in relation to their transactions (some of which are described above) in the region: Coca Cola; Shell; Transcentury PLC; Access Bank PLC;  Vivo Energy; Econet Wireless; The Rise Fund; Koko Networks; PayGo Energy; Kuramo Capital Management; Safarilink; and GAPCO.

Assisting Kidogo Innovations Limited, a social enterprise platform dedicated to improving access to early childhood care and education in negotiating a settlement agreement with respect to termination of employment.

Assisting and advising KOKO Networks, a leading Kenya-based venture-backed technology company in drafting a disciplinary notice with respect to a senior employee on a sexual harassment claim.

Advising Icolo, a company that designs, builds and operates neutral data centres to draft a clause on payment of salary in a senior employee's employment contract.

Advising Vivo Energy Holding in connection with the acquisition of 100% of the shares of Engen Holdings.

Advising Royal Dutch Shell, in connection with its takeover bid in relation to the entire issued and to be issued share capital of British Gas (BG), including advising on the impact of the transaction on BG’s assets in Kenya and advising on the transfer of interests held by BG in production sharing contracts in Kenya.

Advising Oman Trading International Limited on the acquisition of Hass Petroleum in a deal worth USD35 million.

Advised Swedfund International AB on in its investment in an agritech entity on whether the target's business is subject to the Central Bank of Kenya (Digital Credit Providers) Regulations 2022 and whether the company is obliged to obtain any license or approval in Zambia, reviewing the senior loan agreement and the legal opinion by adverse counsel in relation to the terms of the debt instrument governed by Swedish Law from a local Kenyan law perspective, and overseeing the fulfilment of conditions precedent and completion of the transaction.

Acting for ARC Ride Kenya Limited in relation to the review and drafting of the google play store privacy policy to compliance with General Data Protection Regulation and the Kenyan Data Protection Act.

Acting for a leading fintech firm, on its collaboration with one of the leading Kenya-based telecommunications companies. This included assisting the client in obtaining a payment service provider licence from the CentralBank of Kenya (CBK), which involved providing advice on the requirements and steps to obtaining a licence, collating the required documents and information, completing the application form, drafting letters to the CBK, and corresponding with the CBK on behalf of our client.