Given the trend of companies forming alliances to, among other things, improve market presence or reduce costs of production, the Firm seeks to provide high quality service and expertise in merger, acquisitions and re-organizations of entities.

We offer pre-merger and acquisition advice and post-merger and acquisition advice. We have capacity to negotiate acceptable settlements and solutions for the parties involved depending on the nature of each transaction. We undertake services such as Due Diligence Checks of the entities involved including probing on compliance with legal and regulatory formalities; Structuring Advice; Preparation, Drafting and Negotiation of all transaction documents, including Share Purchase Agreements, Asset Purchase Agreements and among others; Advice on legal compliance and regulatory approvals such as authorization orders from the Competition Authority of Kenya, Sector Regulators and where applicable the approval of the COMESA Competition Commission.

The Firm also advises on transactions involving business transfer. We advise on tax implications, liability implications and potential risk of legal disputes in relation to the business transfer.

Some notable transactions that the Firm has offered in this area of law include:

  • The Firm acted in the transfer of business of Bestlady Cosmetics Shop Limited a leading cosmetics retailer in Kenya to Sleeklady Cosmetics Limited. The Firm acted in conducting the legal due diligence and in drafting and negotiating the Transfer of Business Agreement. 
  • The Firm advised the transfer of the business of Airo’s Investments Limited to Warachi Investments, a top Kenyan based manufacture of hair products and cosmetics. The Firm acted in conducting the legal due diligence and in drafting and negotiating the Transfer of Business Agreement.