Head of legal | Bandwidth & Cloud Services

Mary Kahura
Head of legal | Bandwidth & Cloud Services
Team size: Four
Major legal advisors: White & Case, DLA Piper
Jurisdictions your role covers: Mauritius, Kenya, Uganda, Zambia, Zimbabwe, Rwanda, Angola, South Africa and DRC
Q&A
What are the most significant cases or transactions that your legal team has recently been involved in?
The most significant transaction my legal team recently handled was a US$42mn cross-border refinancing of existing development finance institution (DFI) debt through facilities provided by two international commercial banks. The transaction involved the simultaneous negotiation of payoff and security release documentation with the outgoing DFI lenders alongside the financing and security documentation with the incoming commercial lenders. It also involved coordinating external counsel across eight jurisdictions to release the existing security and perfect a new security package, while managing the satisfaction of all conditions precedent. The transaction culminated in a complex financial close requiring the coordinated movement of refinancing proceeds across three jurisdictions to facilitate the simultaneous drawdown of the new financing and repayment of existing facilities.
How do you navigate the legal complexities of cross-border transactions within the East African Community (EAC) and beyond?
We navigate the legal complexities of cross-border transactions by engaging with the business from the outset of commercial discussions to gain a clear understanding of the transaction’s objectives, structure and timelines. Early involvement enables us to identify legal and regulatory considerations, anticipate approval requirements and incorporate these into the transaction strategy from the beginning. As the Group undertakes pioneering telecommunication infrastructure projects, we work closely with external legal counsel, providing them with comprehensive commercial context to ensure that legal advice is tailored to both the transaction and the business objectives. We also maintain relationships with regulators across our operating jurisdictions, engaging them early to obtain guidance on innovative or first-of-their-kind infrastructure projects. Together, these practices enable us to manage legal risk proactively while facilitating the successful delivery of complex cross-border infrastructure transactions across the East African Community and beyond.
What strategies has your legal team adopted to mitigate legal and regulatory risks in a rapidly evolving business and political environment?
Our legal team proactively monitors legal and regulatory developments across all jurisdictions in which the Group operates. We place significant emphasis on horizon scanning for proposed legislative and regulatory developments, enabling us to identify emerging issues early. We also actively engage with regulators, government agencies and industry stakeholders by participating in conferences, public participation forums and policy consultations where legislative and regulatory reforms are discussed. In addition, we participate in industry associations, including the Telecommunications Service Providers of Kenya (TESPOK), which provide a valuable platform for telecommunications operators to exchange perspectives on emerging legal and regulatory issues, contribute to discussions on proposed reforms and engage collectively with policymakers. These engagements enable us to anticipate regulatory changes, provide the business with timely and practical advice, and support informed commercial decision-making in a rapidly evolving operating environment.
How is the role of the General Counsel evolving in East Africa as organisations place greater emphasis on governance, transparency and ESG considerations?
The role of the General Counsel in East Africa is evolving from being primarily a legal adviser to becoming a strategic business partner. As organisations place greater emphasis on governance, transparency and ESG, General Counsel are increasingly expected to possess a deep understanding of these areas and play a pivotal role in embedding them into corporate strategy, governance frameworks and day-to-day business practices. By aligning legal, commercial and governance considerations, General Counsel help organisations manage risk, strengthen stakeholder confidence and support sustainable long-term growth.