Benjamin Musau > B M Musau & Co., Advocates LLP > Nairobi, Kenya > Lawyer Profile
B M Musau & Co., Advocates LLP Offices
Reinsurance Plaza, TAIFA ROAD
PO BOX 16903
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Corporate Commercial | Banking & Finance | Joint Ventures, Mergers & Acquisitions | Privatisation, Project Finance & Infrastructure | Structured Finance | Tax & Stamp Duty Planning | Dispute Resolution | Employment
Benjamin Musau is a Kenya Advocate and the Managing Partner of B M Musau & Co., Advocates LLP, a position he has held since 1999. He has previously been a Partner in Kaplan & Stratton, where he worked since 1988. His work encompasses tax legal, regulatory reforms, county government law and reform, reduction of administrative burdens, the structure of business entities, joint ventures, acquisitions, banking, foreign investment, corporate and commercial law, complex litigation and alternative dispute resolution (mediation, negotiations and arbitration).
Ben led the Local Government 2008-2010 World Bank financed Subnational Competitiveness Study of Local Governments, a precursor to the transformation of local governments to County Governments under the Constitution of Kenya, 2010.
He spearheaded the 2005-2008 Regulatory Reforms for Business Activities in Kenya (financed by the World Bank through the Ministries of Finance and Trade & Industry) which have led to substantial reduction of red-tape in Kenya. This work involved working closely with state corporations, national government regulators, ministries, local and municipal governments in Kenya to review and reform government licenses, rules and regulations, and subjected the Single Business Permit along with other national, local and municipal licenses and permits to careful local, regional and international scrutiny and reform. The Single Business Permit constituted a substantial portion of income for the then local authorities in Kenya, and there was great private sector pressure to delete it. Ultimately, it was agreed to reform the Single Business Permit substantially and to gradually replace it with a local business tax collected on behalf of local authorities (now County Governments) by the Kenya Revenue Authority.
The 2005-2008 Regulatory Reforms work entailed the review of all the laws, rules and regulations in force in Kenya at that time, and the publication of the first ever list of business licenses obtaining in Kenya in 2007.
Ben’s regular work also involves corporate commercial legal work and complex litigation including alternative dispute resolution.
Ben is involved in the initiatives to Brand Kenya. He was invited by the Marketing Society of Kenya and gave the first paper from a legal perspective of branding Kenya while he has subsequently been involved in providing legal expertise which led to the publication of the Investors Guide to Kenya by UNCTAD. He is also involved in a number of World Bank Group supported regulatory reform improvements in Sudan, Tanzania, Madagascar and Bangladesh, among others.
Ben has acted as a consultant for KIPPRA and the Kenya Law Reform Commission in facilitating a retreat for business people and Government representatives on the challenges to investment in Kenya.
He has made in-depth study on international taxation and financial services law involving current trends in international compliance (anti-money laundering, anti-corruption and counter terrorism financing), international tax and tax treaties, anti-avoidance legislation and tax risk management, global e-commerce taxation, financial instruments, law of banking and financial institutions, international legal research and writing, information security and cybercrime law, , and wrote a Thesis in 2011 on the Extent to Which Kenya Had Implemented the then 40+9 (now consolidated 40) FATF Recommendations on Anti-Money Laundering and Counter-Terrorism Financing.
He is a member of the Law Society of Kenya’s Committee on Continuing Professional Development from 2014 to date.
Ben is involved in the initiation of Continuing Professional Development of lawyers through the Law Society of Kenya where he has given initial CPD and CLE courses since inception of the Law Society’s Programme to date.
Benjamin has recently trained the Kenya Police on anti-money laundering, anti-corruption and counter-terrorism financing.
He is a lecturer at the University of Nairobi, School of Law handling Legal Systems & Methods and the Law of Tort for undergraduates and LL.M. e-commerce classes in addition to supervising LL.M candidates’ Thesis.
- Advocate of the High Court of Kenya, 1989
- Law Society of Kenya¸1989 to date
- Certified Public Secretary, 1992
- Fellow of the Institute of Certified Public Secretaries of Kenya
- Member, International Bar Association,1993
- Commissioner for Oaths, 1999
- Notary Public, 1999
- Member, Marketing Society of Kenya, 2003
- Member, International Commission of Jurists (Kenya)
- D (J.S.D.) 2015 to 2020, (Thomas Jefferson School of Law, San Diego, California, U.S.A.). Topic: The Anti-Money Laundering and Compliance Strategies of Kenya.
- M, 2011 International Tax and Financial Services (Thomas Jefferson School of Law, San Diego, California, U.S.A.)
- B (Hons), 2:1 (Upper Second Class Honours), University of Nairobi, 1988
- Diploma in Advocacy, Kenya School of Law, 1989
- KACE, Kagumo High School, 1982-1983
- 2014 to date, Lecturer, University of Nairobi, School of Law (Legal Systems & Methods; the Law of Tort, International Economic Law and E-Commerce, and supervision of LL.M. candidates on Thesis)
- Value of Evidence Training, Strathmore University School of Law, June 2013
- Seminar on International Trade Law (United Nations Commission on International Trade Law) (Unictral)), Professional Centre, Nairobi Kenya, 12-15 Sept., 1994
- Conference on Mediation as an Alternative Dispute Resolution Mechanism (East Africa Law Society), Lake View Hotel, Mbarara, Uganda, 3-5 Apr., 1997;
- Course on High Impact Leadership & Team Development for Managerial Success (the Institute of Certified Public Secretaries of Kenya jointly with the Kenya Institute of Management), Nairobi Safari Club, Nairobi, Kenya, 26-27 Feb., 1998;
- Seminar on Alternative Dispute Resolution (Arbitration, Negotiation and Mediation) (Canadian Bar Association jointly with the Law Society of Kenya), Utalii Hotel, Nairobi, Kenya, 17-19 Mar., 1999;
- Workshop on Corporate Governance (Private Sector Initiative for Corporate Governance), Safar Park Hotel, Nairobi, Kenya, 6-7 Oct., 1999;
- Seminar on Corporate Governance (Private Sector Initiative for Corporate Governance), Nairobi Safari Club, Nairobi, Kenya, 8 Oct., 1999.
Fishing, Church music, and travel.