Major legal advisers/ external counsel: Anjarwalla & Khanna, LLP; Bowmans

Legal team size: Six

Major legal advisers/ external counsel: Anjarwalla & Khanna, LLP; Bowmans

Country you’re based in: Kenya

Looking forward, what trends do you foresee in the legal landscape over the next 5–10 years that companies should prepare for?

The legal landscape in Kenya is shifting rapidly. In my view, there are three critical areas for the immediate future that lawyers need to pay close attention to: AI, data privacy and compliance.

Kenya rolling out its AI strategy means that we shall soon see regulations on AI adoption. Lawyers need to understand that AI is here to stay and therefore, take the lead on understanding the risks associated with the use AI and guide businesses accordingly. Companies are already implementing AI tools which process a substantial amount of data, including personal data. Data protection has, in the last couple of years, gained traction and the jurisprudence coming out of both the Office of the Data Protection Commissioner and High Courts underpins the need for lawyers to not only familiarise themselves with data privacy legislation in their country of practice but also across borders and in light of the technological advancements.

Kenya being placed on the FATF grey list and the enactment of the new Anti-Money Laundering Act this year, means that companies need to be far more vigilant about their compliance processes. It is now imperative for lawyers to understand how compliance impacts the business and guide businesses in navigating what may be unfamiliar territories.

Have you had any experiences during your career as a lawyer that stand out as particularly unique or interesting?

The most transformative experience has been shifting from private practice to in-house counsel. As in-house counsel, you are not just a legal advisor. The business looks to you for guidance on execution of projects within the ambit of the law. This meant applying the law while being cognizant of the commercial and operational realities and challenges of the business.

Instead of just flagging risks, I had to find ways to help the business achieve its goals within acceptable risk parameters. While initially challenging, it has been incredibly rewarding to see legal advice led to concrete results.

How does your team contribute to the overall business strategy of the company?

      The legal team supports business strategy by proactively tackling any legal issues in advance. This way management does not have to pause mid-project to consider or figure out legal concerns/implications. Our focus is on negotiating better contract terms through well-drafted agreements, ensuring compliance with not only local regulations but also international standards and ethics across the business, reviewing expansion plans for legal and reputational risks and ensuring new projects are legally sound. This supports business operational efficiency and ultimately, profitability.

How are you bringing the legal department closer to your business colleagues?

 In many businesses, still, the legal department is brought in at the tail end of the process when not much can be done. We ensured that this was not the case at our organisation. We earned our seat at the management table by spending time with other managers and team leaders to understand the business, operational challenges and commercial goals. Management now consults the legal team before embarking on new projects or entering into significant contracts. The team encourages discussions with relevant departments, taking time to explain the legal concepts and provisions ensuring alignment on the objectives of the contract and risk being mitigated/covered. This fosters true collaboration with the final result being that legal issues rarely surprise the business anymore.