MMC ASAFO > Nairobi, Kenya > Firm Profile

MMC ASAFO
MMC Arches, Spring Valley Crescent
Off Peponi Road, Westlands
00200 Nairobi
P.O. Box 75362
Kenya

Kenya > Banking, finance and capital markets Tier 2

MMC ASAFO is well-known for it’s wide range of banking transactional, regulatory and operational expertise. The banking, finance and capital markets department is experienced in debt restructuring, syndicated facilities and in giving regulatory advice to a number of East African banks. The firm’s clients include Absa Bank Kenya Plc, KCB Bank Kenya Limited and the Co-operative Bank Kenya Limited. Njoroge Nani Mungai is experienced in capital markets engagements and Esther Njiru-Omulele is recognised for her work in corporate lending. Isaiah Mungai Kamau is deputy managing partner.

Practice head(s):

Esther Njiru-Omulele; Isaiah Mungai Kamau

Other key lawyers:

Njoroge Nani Mungai; Edward Muriu

Key clients

KCB Bank Kenya Limited

ABSA Bank Kenya PLC

Prime Bank Limited

Equity Bank (Kenya) Limited

DIB Bank Kenya Limited

Gulf African Bank Limited

Family Bank Limited

The Co-operative Bank Kenya Limited

National Bank of Kenya Limited

Automobile Association of Kenya

Kenya Wines Agencies Limited

Bamburi Cement Limited

Homeboys Entertainment PLC

Orana A/S

British American Tobacco Kenya Limited

Liberty Afrika Technologies Limited

Work highlights

  • Advised Automobile Association of Kenya on a capital-raising transaction through a restricted public offer.
  • Onboarded and advised Prime Bank Limited on perfection of securities with respect to a facility issued to a developer who is selling fully-serviced land parcels for developers of logistics, residential, commercial, educational, medical, retail, hospitality and recreational uses to develop on over 400 acres of land.
  • Advised KCB Bank Kenya Limited (KCB) in the perfection of securities relating to the composite and term loan facilities in the sum of USD 23,750,000. The deal unlocked acceptance of the borrower’s settlement proposal  with another international lender, ABSA Bank (Mauritius) Limited (Absa Mauritius) which had issued a Liquidation Notice against the borrower which would have led to the liquidation of the borrower as a going concern under Kenya’s insolvency laws.

Kenya > Commercial, corporate and M&A Tier 3

MMC ASAFO has a robust commercial, corporate and M&A practice, which is strong in both domestic and cross-border transactions. The firm has a wide client base, including Tracom Services Limited and Automobile Association of Kenya. Its work spans several sectors, such as technology, manufacturing and entertainment, among others. Esther Njiru-Omulele and Isaiah Mungai Kamau are names to note.

Practice head(s):

Esther Njiru-Omulele; Isaiah Mungai Kamau

Key clients

Automobile Association of Kenya

Kenya Wines Agencies Limited

Bamburi Cement Limited

Homeboyz Entertainment PLC

Orana A/S

British American Tobacco Kenya Limited

Liberty Afrika Technologies Limited

Work highlights

  • Advised Automobile Association of Kenya on a capital raising transaction through a restricted public offer.
  • Advised Kenya Wines Agencies Limited on its intention to put up an ultra-modern fermentation and manufacturing facility in Tatu City.
  • Advised Homeboyz Entertainment Limited on its intention to list on the Nairobi Securities Exchange’s (NSE’s) Growth Enterprise Market Segment.

Kenya > Dispute resolution Tier 3

MMC ASAFO has a proven reputation in dispute resolution, with clients turning to the firm for advice on litigation and alternative methods of resolving matters. From a commercial standpoint, the firm represents banks and other financial institutions while also acting for individuals and partnerships to defend or enforce contractual obligations. The team also has experience of contentious employment matters, with high-profile clients including Safaricom Plc and KCB Group Plc. Peter Murage and Daniel Musyoka are experienced dispute resolution practitioners.

Practice head(s):

Peter Murage; Daniel Musyoka; Ferdinand Billy Kongere

Testimonials

‘The law firm has a large team of excellent advocates with a diverse skill set. Their affiliation with international law firms gives them a unique pan-African diversity to ensure they render professional and excellent services.’

Key clients

Uaso Nyarobe Waterfront Limited

DIB Bank

Sycamore Pine Limited

Kenya Ports Authority

Kiambu County Executive Committee

Safaricom PLC

Housing Finance Company of Kenya Limited

Blueline Properties Limited

Industrial and Commercial Development Corporation

Naomi Muchai

A. A. Bayusuf

Work highlights

  • Assisted UASO NYAROBE WATERFRONT LIMITED with a constitutional petition filed on behalf of the Petitioner against the Cabinet Secretary; Ministry of Environment and Forestry, Ministry of Forestry and the Kenya Forest Service, which offices illegally and forcefully took possession of the Petitioner’s private property and declared it as a public property on the basis that it is a protected forest, strategic water tower, wetland, a riparian reserve while also alleging that the government could acquire land from private citizens through adverse possession.
  • Representing DIB Bank in a domestic arbitration where the Claimant seeks damages for breach of contract for over USD6M in respect of a Software Development Agreement which the Bank terminated on the ground of frustration on account of the enactment of the Data Protection Act.
  • Defending Sycamore Pine Limited against a petition seeking orders, amongst them, a declaration that the respondents, including the client, have breached their rights under the Constitution of Kenya, 2010 to property and a clean and healthy environment, by allowing and/or carrying out unlawful construction of low cost apartments without development approvals or Environmental Impact Assessment (EIA) on property within Migaa Integrated Gold Estate. They allege that the impugned project will have detrimental effects upon the environment and also lead to devaluation of their properties.

Kenya > Privatisation and projects Tier 3

MMC ASAFO‘s projects and privatisation team is active in matters involving the education, health, housing, infrastructure and manufacturing sectors in Kenya. The firm has significant experience in acting for public entities on PPP programs. Esther Njiru-Omulele has expertise in transactional matters. Njoroge Nani Mungai has advised local and international developers on energy projects.

Practice head(s):

Esther Njiru-Omulele; Njoroge Nani Mungai

Key clients

United Kingdom’s Foreign, Commonwealth and Development Office (FCDO)

Bamburi Cement Limited

Student Factory Limited

Kenya Railways Corporation

Project Implementation Unit (PIU) of the National Treasury

Public Private Partnerships Unit (PPP Unit) of the National Treasury

The Government of Kenya through the Ministry of Transport, Infrastructure, Housing & Urban Development

Project Implementation Unit (PIU) of the National Treasury

Public Private Partnerships Unit (PPP Unit) of the National Treasury

Kenya Wine Agency Limited (KWAL)

Work highlights

  • Advising the United Kingdom’s Foreign, Commonwealth and Development Officem(FCDO) with respect to the redevelopment of the Nairobi Central Railway Station and its surrounding areas into an iconic, multimodal, transit oriented urban development to be known as the Nairobi Railway City.
  • Advising Bamburi Cement Limited in an ongoing project involving the setting up of a solar photovoltaic power plant for generation of electricity to power certain operations at its Mombasa and Nairobi plants.
  • Acting for the Public Private Partnerships Unit of the Kenyan National Treasury, as part of the Genesis Analytics Pty-led consortium, on the development, operation and maintenance of a total of 34,900 bed-capacity students’ hostels to be undertaken by Moi University, University of Embu, South Eastern Kenya University, Kenya Technical Trainers College and Egerton University under a public private partnership (PPP) model.

Kenya > Real estate and construction Tier 3

MMC ASAFO is specialised in the structuring of joint ventures for real estate development and investment. The team is recognised for advising on urban regeneration projects, construction law, REITS and residential developments. It acts for some of the largest developers and corporate clients in the market. Esther Njiru-Omulele heads the commercial and property department. Jessica Mwenje Mayavi currently leads the real estate team. Isaiah Mungai Kamau is also recommended.

Practice head(s):

Esther Njiru-Omulele; Jessica Mwenje Mayavi; Isiaiah Mungai Kamau

Key clients

Tatu City Limited

Oaklands Properties Kenya Limited

Tilisi Developments PLC

United Kingdom’s Department of International Development (DFID)

State Department of Housing and Urban Development (SDHUD)

Urban Housing and Renewal Development LLP

Cool Breeze Development Limited

Superior Homes PLC

National Social Security Fund of Kenya (NSSF)

Kenya Wine Agencies Limited (KWAL)

Maisha Housing Limited

Zamani Business Park

Two Rivers Development Limited

Bongo Court Limited

Richland Development Limited

British American Tobacco

Precious Heights Limited

Centum Real Estate Limited

Student Factory Limited

Kenya Airports Authority

Twenty Twenty Red Hill Limited

Institute of Certified Public Accountants of Kenya (ICPAK)

Goodman Agencies Limited

Loldia Ndulele Limited

Asafo & Co. (MMC Asafo in Kenya) is an international law firm established to deliver a unique and integrated offering of world class legal services dedicated to Africa-related business. With experienced teams of over 150 lawyers and legal professionals in eight offices in Abidjan, Casablanca, Johannesburg, London, Mombasa, Nairobi, Paris and Washington DC, Asafo & Co. has established a unique pan-African footprint.

The team works on complex and high-impact transactions, financings and dispute resolution matters in a broad range of sectors, including energy (conventional and renewable), infrastructure, natural resources (mining, oil and gas), telecommunications, as well as banking and financial services. Asafo & Co. regularly acts for private investors, developers, commercial and development banks, development financial institutions, investment funds, states and government entities.

DepartmentNameEmailTelephone
Banking & Finance; Real Estate Esther Omuleleeomulele@mmcasafo.com
Banking & Finance, Real Estate, Corporate Isaiah Mungaiimungai@mmcasafo.com
Dispute Resolution Peter Mungepmunge@mmcasafoandco.com