Commercial & Company Law

S.S. Malonza & Co. Advocates provides legal assistance on different commercial matters including:

  • Setting up of Business and Joint Ventures
  • Legal due diligence of a business, legal capacity, assets, transactions, contracts, compliance with public regulations.
  • Legal advise and support on commercial projects
  • Settlement of Corporate disputes
  • Shareholders and other corporate agreements
  • Other matters on the Kenyan corporate Law

Tax Law

The team has considerable experience handling matters for a diverse client base, including multinational corporations, financial institutions, private equity funds, corporations and emerging companies. We provide advice on the following tax law issues:

  • Drafting of tax efficiency models
  • Assessment of tax consequences for transactions
  • Legal Opinions on acts and measures of tax authorities
  • Legal and tax advice on tax agreements

Representation of tax disputes within the tax authorities and courts.

Energy Law

Markets, technology, and regulation are major business drivers in the energy and natural resources sector.

We work as part of your team to provide advise on complex transactions, energy project financing, intellectual property protection/management, dispute resolution.

We use our knowledge of local markets and our familiarity with international best practices to bring you practical solutions that can be implemented wherever your business takes you.

We understand that a rapid pace of innovation combined with tougher regulations and emerging technologies mean both opportunities and risks. That’s why you’re looking to us to provide greater value. To go beyond just legal advice and help you make the right decisions.

Real Estate and Construction Law

Real estate deals are becoming ever more complex, highly structured and involve sophisticated financing arrangements. S.S. Malonza is ideally placed to advise on these kinds of transactions with our specialist real estate capability across all product lines, unparalleled reputation in finance and well resourced.

We draw insight from our understanding of the real estate sector and advising investors, tenants and developers of property across Kenya and the firm’s specialist sector areas.  We provide practical, targeted advice and support, grounded in market-leading real estate expertise.

Our Services include:

  • Legal support for development and construction of projects at all stages, from development of urban planning and commissioning of design documentation.
  • Structuring and support transactions in real estate and construction
  • Carrying out legal due diligence for acquisition of real estate or investment projects
  • Drafting of regulations and compliance appraisal of draft regulations for real estate and construction

Transnational Oil & Gas Law

The Oil & Gas Transactions Practice handles oil and gas exploration, development and production projects.  S.S. Malonza & Co Advocate’s portfolio of expertise includes:

  • Conventional, deep-water and unconventional resource exploration, production and development projects
  • Energy infrastructure projects (pipelines, gathering systems, platforms and floating production systems)
  • Acquisition, divestiture and financing of exploration and production assets and midstream infrastructure, at both the asset and corporate level
  • Energy-based financings, including reserve-based lending and project finance
  • Production payment (VPP and otherwise), net profits interests and royalty trust transactions
  • Upstream, transportation, gas sales, plant operation and offtake segments, as well as financing, of LNG projects

Engineering, procurement & Construction Contracts, Transaction Advisory services for Public Private Partnership investment Initiatives

S.S Malonza advises County Governments, Lenders and Construction companies on projects and project financing across energy, infrastructure & construction projects across Kenya.

We provide our clientele with an integrated service on all facets of project work, drawing on and systematizing our expert skills in all pertinent areas of law.

We have technical capability as well as a commercial approach and can provide a comprehensive service, including advising on joint ventures, project structures (PPP, BOT, BOOT, DBOT, DBFO, PFI and others), conducting legal due diligence, risk allocation and reviewing the “bankability” of project contracts, financing arrangements (Bank and bond) and pertinent security packages and considerations across Kenya.

Litigation, Dispute Resolution & Risk Management

Our litigation/arbitration personnel are highly experience and well-qualified experts in commercial court procedure. We are committed to resolving disputes as efficiently as possible and are focused on offering solutions that are practical and commercial. We have a good record in delivering results for clients in major litigation and arbitrations matters. Regulators and prosecutors also acknowledge our credibility,

Our services include:

  • Pre- Court resolution disputes
  • Provision of legal opinions on the prospects of dispute settlement.
  • Preparation of documentation of legal proceedings
  • Representation of clients in national and international arbitrations
  • Other means of Alternative Dispute Resolution (ADR)

We keenly pursue all avenues of dispute resolution presented and counsel clients on choosing the method most appropriate to them and to a specific matter. Our main priority is to resolve disputes promptly and effectively with minimum disruption to business as possible – recognition of this is central to how we approach any matter.

Intellectual Property

This field of expertise includes

  • Registrations of Intellectual Property
  • Acquisition of rights to intellectual property and means of individualization
  • Protection of trade secrets, data and other confidential information
  • Management Strategies relating to the protection of rights to intellectual property.

Legislation drafting and policy formulation

Our Legislative Drafting Practice consolidates S.S. Malonza & Co. Advocates expertise in the areas of legislation development and drafting, public and administrative law, procurement, structuring and governance of public and commercial entities.

Our team is experienced in the requirements of the public sector, including the need to produce clear and concise legislation and comprehend how this legislation fits and integrates into an existing constitutional and legislative framework. We have an unmatched understanding of the legal landscape and developments affecting Kenya and our clients.

Compliance, CSR & Corporate Governance

S.S. Malonza Co Advocates provides general company and compliance advice to our corporate clients on the legal issues, which most regularly impact upon their businesses.

We help our clients navigate the maze of legislation and best practice codes relevant to compliance, corporate governance and corporate responsibility.

Our practice addresses all elements of company law, from advice on board procedures to issues arising in takeover situations, as well as, analyzing corporate policies, codes of conduct, and assistance with shareholder engagement.

Our experts advise on domestic and international corporate issues including corporate law, sector-specific regulations, relevant listing rules, liability and risks for board directors and senior executives.

Specialized Training

We offer specialized training in legal, construction & risk mitigation on various projects. Our training program aims to keep our clients informed and abreast of the latest developments and legal issues.

General Oil and gas regulation, permitting and compliance strategies

  • Oil and Gas litigation which includes
    • Surface damage actions
    • Gas-balancing disputes
    • Title and lease disputes
    • Lease cancellation actions
    • Joint operating disputes
    • Right-of-way disputes
    • Easement disputes
    • Environmental Issues
  • Oil & Gas Transactions including
    • Oil and Gas leases
    • Joint Operating agreements
    • Purchase and sale agreements
    • Title examinations

Advising clients at all stages of oil and gas projects, including national oil companies and agencies), industry participants and partners, project sponsors, operators, contractors, suppliers, lenders and insurers, among others, to structure, negotiate and document complex, challenging and novel oil and gas exploration, development and production projects.