Musinga Advocates LLP

Musinga Advocates LLP assists clients in the drawing of conveyancing instruments, provides advise in relation to the sale or lease of property and generally attends to all requisite registration formalities on behalf of its clients

As legal counsel to local banks and international financial institutions Musinga Advocates LLP undertakes appropriate legal due diligence on the borrowers and provides legal opinion on their suitability as corporate entities to borrow and to issue collateral as security for the loans as well as the enforceability of security provided.

We provide assistance to its clients in the various forms of financing including drawing of security documentation, agreement for debts swaps, syndicated and single lender loan documents, securitization of assets all other ancillary legal issues arising out of or in connection with financial transactions.

An important aspect of an emerging market like Kenya is the necessity of liquidating unviable businesses. The firm has also acted for other institutions in the enforcement of their securities where borrowers defaulted in their loan repayment, by way of Receiverships or liquidations.

We assist foreign investors to establish corporate presence in Kenya and advises them with respect to investment procedures and other legal requirements and offers general advice on company matters.

"Privatization" and "divestiture" are predominant economic activities in developing countries moving from the state command economic system to the liberal market –oriented economic system and Kenya is such country. This entails intricate legal processes including but not limited to the re-engineering or unbundling of state controlled corporate structures.

We have extensive experience in the legal aspect of privatization. The firm has also on numerous occasions acted as local counsel to private international investors buying shares in the companies being privatized.

We advise and guide companies undergoing corporate re-organization for the purpose of listing in overseas stock market or otherwise raising funds locally.

We undertake the necessary legal due diligence and provide corporate statutory services and legal support and guidance to companies prior to listing or sale

Musinga Advocates LLP acts as trade mark and patent agent for foreign companies. The firm attends to registration formalities of trademarks, service marks and patents and handles litigation relating to trademarks, service marks, patents and other registrable intellectual property.

Our mineral and natural resources portfolio is our fastest growing area of practice. We offer assistance to clients with respect to all juridical and fiscal aspects of the mining industry and the firm's clientele have included all major international mining companies which have established corporate presence in Kenya. Predominantly, we advise on mining agreements between foreign companies and the government of Kenya.

We provide a full range of corporate, statutory and administrative business support services to a long list of retainer clients who require us to act as their corporate secretaries. Services include the preparation and filing of all statutory returns with the registrar of companies, attending board and shareholders' meetings, taking record of proceedings, keeping and updating all statutory books, securing all necessary permits, licences and authorizations required to enable corporate entities to carry on their business in Kenya.

The firm generally advises clients in respect of all tax law including corporate taxation, import duties, sales tax, stamp duty and related litigation.

As part of our Debt management and recoveries services, we undertake the following: -

• (a) Providing legal opinion on the possibility of realising the debt.
• (b) Writing demand letters.
• (c) Commencing Court proceedings against the defaulting debtors and handling such proceedings till the end.
• (d) The actual recovery of the debt by obtaining the necessary Court orders for the disposal of the debtors' attachable assets and/or securities in the case of continued default.
• (e) If need be, commencing bankruptcy, receivership or liquidation proceedings against defaulters.
• (f) Advice on the enforceability of the security offered.

Our office is fully computerised and we have an efficient Accounts Department and we provide to our clients monthly progress reports on the recoveries made. We make prompt payments to our clients of all the sums recovered.

Advice is given in respect of employees' terminal benefits, employees' share scheme or equity participation or re-engagement of previously terminated employees, employees' recruitment, local employees' contracts, contracts for expatriate employees and all legal contracts in respect of employer / employee relationship.