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AhmedNasir Abdulahi
Civil litigation and Corparate & Commercial
Our firm was instrumental in the establishment of the first Sharia compliant bank in East Africa.
 


CIVIL LITIGATION
Our Advocates have distinguished themselves as precedent setting lawyers in our law courts. For example, we conducted the prosecution of Civil Appeal Number 112 of 1997 at the Court of Appeal in which for the first time the court recognized that an amendment to The Contract Act introduced by the Attorney General did not come into effect despite wide belief to the contrary. This forced the Attorney General in 2002 to reintroduce the said amendment and those amendments are now law in this country.

Our firm is reputed for handling Public Procurement matters and in particular, advising parastatals on procurement procedures in accordance with the Public Procurement and Disposal Act of 2005, representing public and new private bodies in disputes before the Public Procurement Administrative Review Board. Our clients in this respect include the Kenya Airport Authority and the Catering Tourism Development Levy Trust and Awal Limited.

In a landmark decision by the Hon Justice Ringera, we stopped an arbitration proceedings before an arbitrator, Mr. Toghbor on the ground that no arbitration can be conducted before an arbitrator if the cause of action is statute barred and further where an allegation of fraud and statute limitation are raised, the arbitrator should lay down his tools for want of jurisdiction. This is a case with very wide legal ramifications especially in financial institutions. Our client escaped a net liability of Kshs 500 Million.

Our firm has through a series of cases involving Housing Finance Company of Kenya Limited established the law relating to Interest rates, Penalty rates and Default charges on firm legal grounds. We litigated these issues and in a series of judgments the court accepted our position that trade customs and usages do allow mortgage institutions to charge penalty and other types of interests.

We have conducted various litigations in the area of private international law, and in particular were the lead counsel in the precedent setting case involving Raytheon Aircraft manufactures and a local company in which the Court of Appeal held that the Kenyan courts will exercise jurisdiction (in a limited fashion) even when the parties have selected a specific forum and the law of another country.

CORPARATE AND COMMERCIAL
We provide a broad array of transactional advisory services, for example, in the telecommunications sector, and banking and finance as follows:
 
Advised a quarter of the banks in Kenya on governance and Central Bank of Kenya’s Prudential Guidelines on shareholding limitation requiring that shareholders who are also managers of banks must not hold more than five (5) per centum of the shares.

We also acted for and helped a number of entrepreneurs and international financial institutions with establishing the first ever interest-free commercial bank in Kenya with a core capital of Kshs 1 Billion. Our brief included interpreting the laws as they relate to the banking sector to our clients and generally ensuring they comply with all the regulatory requirements of Central Bank of Kenya and the Capital Markets Authority.

Structured Anti-Money Laundering and Counter-Terrorism Financing Policies for financial institutions especially in line with US Patriot Act and Bank Secrecy Act as well as international standards found in the Financial Assistance Task Force 40 + recommendations.
 
We are actively consulted to co-ordinate and advice clients on cross-border transactions in the East African region, Somalia and Djibouti, such as acquisitions, conduct due diligence exercises and perfecting of securities by financial institutions across the East Africa region. We also facilitate and advise on the raising of capital for corporate clients through joint ventures and sourcing from commercial banks.
  
Advised the Kenya Posts and Telecommunications Corporation in its restructuring during the demerger of the Postal Corporation of Kenya, Telkom Kenya Limited and Communications Commission of Kenya. (CCK). Undertook a legal audit of the National Housing Insurance Funds Investment in non-performing financial institutions and set up a recovery Programme that has borne early fruits. One of the partners advised and participated in the restructuring of Kenya Tea Packers Limited.

We have vast experience in property law both in litigation and conveyancing. We are retained by large scale real estate developers some of whom are involved in the development of housing estates with over 700 housing units. We also act for various banks and organizations such as Housing Finance, Imperial Bank, Chase Bank and Kenya Airports Authority.

Advised on the drafting of rules for the regulation of the Energy Sector under the Electricity Regulatory Board. We also regularly counsel clients regarding on-going compliance with Kenya Revenue Authority requirements.
 
Structured and advised Telposta Pension Fund in drafting and negotiating various leasing and letting contracts for the Telposta Towers, probably the largest and (then) most modern building in central Nairobi (i.e. agreements on the mounting of Telecommunications equipments, antennae and micro cell in and on or about the Telposta Towers complex).
 
Advising and drafting Dealership Agreement between private clients and mobile service providers such as Safaricom Limited, Celtel and ensuring compliance with the Dealership Agreement.

 

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Copyright © 2008 Ahmednasir Abdikadir & Co Advocates