Wambua & Maseno Advocates provides a broad spectrum of legal solutions (in its selected areas of practice) to its clients. Our expertise and experience in our areas of practice enable us to offer practical and quality services which meet our clients’ commercial needs, while maintaining high professional standards.We are not limited to the below-mentioned areas of practice. We are capable of assembling multi-disciplinary teams of specialist corporate, commercial, finance, securities and dispute resolution lawyers from across the globe, all with extensive experience in a client's sector, upon said client's specific request.
We have extensive knowledge and experience regarding diverse aspects of regulatory & statutory compliance including incorporation/establishment, licensing, and reporting. We advise our clients on the establishment and licensing of various legal entities including companies, sole proprietorships, partnerships, societies, non-governmental organizations, pensions, provident funds and trusts. We also provide specialist support in areas such as due diligence and legal audit to help our clients gauge their compliance with relevant statutory, regulatory and policy requirements affecting their businesses or operations. This will entail checklist preparation, data room set-up, documentation gathering, on-site or remote access review of materials, searches and report writing. Our reports synthesize the information available and advise on the legal implications of our findings. We discuss the findings with our clients and, where required, take follow-up measures.
We have extensive knowledge and experience in diverse aspects of commercial law practice including negotiating, drafting and reviewing of all types of commercial contracts and term sheets relating to; confidentiality and non disclosure, licenses and concessions, outsourcing, agency, franchising and distribution, leasing and factoring, sale of goods & services, manufacturing, technology licensing, hire-purchase, agreements for the carriage of goods by air, sea & road, construction & infrastructure, maintenance & support, Asset acquisitions and disposals, joint ventures, commercial mineral exploration, exploitation, benefit sharing and investment agreements, letter of credit, commodity disputes, bilateral andmulti-lateral procedures. Our team is uniquely qualified to negotiate and prepare highly specialized contractual documents.
Our securities and capital markets practice advises both issuers and underwriters on public and private securities offerings. Our team is comfortable and conversant with advising clients on transactions such as rights offers, private placements and share dealings, initial public offerings (IPOs), secondary public offerings, bond issues, corporate and securities regulatory issues, transactional structuring and compliance with Capital Markets legislation.
We have extensive knowledge and experience regarding diverse aspects of employment & labour law including; the preparation of executive service agreements, employment contracts, letters of appointment, transfer or reassignment letters, advisory opinions on employment issues including terminations & redundancies, tax & benefits laws applicable to Kenya, employee share ownership schemes, employee issues upon transfer of businesses, preparation of Human resource policies and manuals, trainings on employee and employer rights and obligations, compliance audits (to ensure compliance with all employment laws) etc. as well as providing specialist support in areas such as pensions and employee benefits.
Banking & Financial services is a diverse and challenging area and our clients' needs are dynamic depending on circumstances. We advise on all aspects of commercial banking and the lending business including; licensing and regulatory compliance requirements, drafting & registration of bank security documentation including charges and variations of charge, agreements to charge & memoranda to charge by deposit of titles, mortgages, debentures, chattel mortgages, deeds of guarantees & indemnity, letters of hypothecation, pledge and set off, and discharges. Our firm also collaborates extensively with international finance experts in the creation, structuring and development of sophisticated financing arrangements. To that end, we offer lenders, financiers, issuers, and borrowers specialist support on a variety of financing transactions including secured and unsecured loans, syndicated facilities, trade and export finance, structured, asset and acquisition finance, project and infrastructure finance, construction finance, lease financing, hire-purchase, venture capital acquisition, debt & equity securities, insolvency, debt purchase and debt recovery.
We recognize and appreciate the need for companies to restructure, whenever need arises, in line with new statutory, policy or business requirements. Our team is conversant with, and comfortable, advising clients on, the legal and regulatory aspects of corporate restructuring, including Company re-organization, privatizations, mergers and acquisitions, Company buy outs, management buy-outs, joint ventures, obtaining of clearances, regulatory approvals and authorizations for structuring joint ventures, acquisitions and other industry arrangements to ensure compliance with Kenya's competition legislation. We work on transactions from inception through deal structuring, letters of intent, due diligence, legal and regulatory requirements, contractual negotiations, disclosures and closings. We also assist clients prepare and make submissions to, and engage on policy issues with, government and sector-specific regulators. Additionally, our firm collaborates extensively with international corporate restructuring experts in the creation, structuring and development of sophisticated corporate structures.
Our team of lawyers has undergone extensive training in Alternative Dispute Resolution and are comfortable and conversant with, advising clients on and/or offering them settlement solutions through Negotiation, Conciliation, Arbitration and Mediation outside the court system.
We advise our clients on all aspects of intellectual property law including; appropriate policies, legal framework and novel tactics to counter piracy and counterfeiting, the registration, recordal, assignment and renewal of trademarks and patents in Kenya, trademark infringement, passing off and opposition proceedings, music royalties and publishing agreements, copyright opinions, the registration of user agreements for trademarks,licensing and franchise agreements, registration of industrial designs, copyright and plant breeders' rights including applications for grant of such rights, negotiation and drafting of information technology agreements, assignment of intellectual property agreements, trade secrets and breach of confidential information, passing-off and unlawful competition. We also co-ordinate registrations, assignments and renewal of trademarks outside Kenya, the payment of annual maintenance fees on behalf of clients and liaise with the Kenya Industrial Property Office to facilitate speedy processing of clients' applications.
Our property law and conveyancing practice covers all aspects of land law and property transactions in Kenya including; the preparation and registration of Property Sale agreements, Transfers, Leases (of land and buildings, for residential, commercial, agricultural or other purposes), Change of user for land, Caveats, Cautions and Easements; the Sub-division and amalgamation of land; the Extension of government leases; the Registration of Trusts relating to land. Our team is also conversant with and comfortable advising our clients(both individual and commercial) on the acquisition, planning, environmental impact assessment, development, management and disposal of property, facilities and utilities. We are also actively involved in creating and structuring complex development projects under various legal regimes including the Sectional Properties Act. We also undertake the perfection of bank security documentation including Charges and variations of charge, Mortgages, Debentures, Chattel Mortgages, Deeds of Guarantees & Indemnity, Letters of Hypothecation, Pledge and Set Off, and Discharges.
We have extensive knowledge and experience in diverse aspects of tax law. Our tax practice entails advising clients on tax compliance, due diligence and planning. Our tax planning and compliance services are designed to facilitate tax efficient and optimal business operations. We also advise on diverse aspects of revenue statutes, including, double taxation treaties, transfer pricing, recovery of tax, value added tax, withholding, corporate & income tax, as well as the East African Community Customs Management Act.
The range of Company Secretarial Services we offer our clients include; attending company meetings and recording proper minutes, filing statutory returns and updating members registers at the Company Registry in a timely manner. We also maintain and ensure the security of company's statutory books, records and documents including; registers for directors & secretaries, shareholders & their shareholding, charges on the company's assets, debenture holders, minutes of the company's shareholder and board meetings, certificates of incorporation, memoranda and articles of association, share certificates and stock transfers (if any), company seals etc. We advise on corporate governance including drafting and reviewing of policies such as board and board committee charters, procurement & HR manuals, and compliance with memoranda and articles of association and the Companies Act. Our law firm is agreeable to annual retainer agreements for purposes of company secretarial work.
Our practice in this area focuses on helping our clients in the drafting of wills, trusts and advising on lifetime property disposition, the succession and administration of estates, advising on the laws of succession and estate planning, advising on wealth management, including working with fund managers and tax advisers.
The ever changing nature of our social and economic environment means that existing laws, business practices and relationships must adapt, and in some cases new laws must be mooted to address existing gaps. We offer general legal research, advisory and consultancy services in existing and emerging areas of law to give our clients the comfort of statutory compliance as well as insights into the opportunities presented by new laws.
Our firm offers advise on all facets of the energy industry including Oil concessions and divestments, oil field development, oil production, oil trading, oil transportation, mineral concessions, mine operations, construction of independent power plants, exploration, field development, production, trading, transportation and downstream operations, compliance with government regulations and restrictions. Our team also advises on financing in the Energy Sector including loan facilities for electricity plant construction, field developments, gas infrastructure projects and refineries. Additionally, our firm collaborates extensively with mining and energy law experts who are experienced in negotiating and drafting commercial mineral exploration, exploitation, benefit sharing and investment agreements, production sharing contract's, joint (venture) operating agreements, concession agreements, farmout agreements, service agreements, fabrication contracts, off take agreements, licensing and crude oil purchase, power purchase agreements, mine operating agreements and petroleum purchase contracts.
We place strong emphasis on serving the needs of our clients. To achieve excellence, we continually improve the quality of our services not only to meet clients' needs, but also to exceed them. By building on our core values of dedication, loyalty, teamwork, quality and responsibility, a strong legal practice has been established with a recognizable personalized service.Our strength is in the successful combination of the disciplines and the unique talents in every team member and is emphasized by our ability to: