COMMERCIAL, CORPORATE LAW & INTELLECTUAL PROPERTY

COMMERCIAL
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All aspects of company law, corporate finance and company management issues i.e. company administration, organisation of a business, insolvency, sale of shares and business, mergers, acquisitions, takeovers and joint ventures, public companies issues and tax compliance and regulation.

All aspects of company law, corporate finance and company management issues i.e. company administration, organisation of a business, insolvency, sale of shares and business, mergers, acquisitions, takeovers and joint ventures, public companies issues and tax compliance and regulation.

  • We incorporate trusts (equitable/charitable) for clients for purposes of protecting their assets.
  • We prepare other legal and commercial documents such as deed polls for change of name, powers of attorney, affidavits and statutory declarations, wills and codicils, sale and transfers of motor vehicles, confidentiality agreements, teaming agreements, dispute resolution and settlement agreements, technology licensing agreements, joint venture and profit sharing agreements, partnership agreements, computer and internet agreements, agency and distribution agreements, supply of goods and services contracts, franchising contracts, leasing and hiring contracts, consumer credit agreements, outsourcing contracts and other commercial contracts which our clients require from time to time.
  • We certify documents and witness signatures.

We represent clients in corporate law matters and advise on a variety of issues including:

  • Company incorporation and registration of other business entities e.g. partnerships. In this regard the firm has registered numerous companies and other business entities.
  • Capital restructuring and reorganizations
  • Debt and equity financing, where we offer guidance on the laws to be complied with on the issue of listed or unlisted debt and equity securities
  • Drafting and registering financial instruments for the raising of debt finance
  • Advice on liability of shareholders, board members and company officers
  • Winding up of companies

Arbitration

We have vast experience in dealing with arbitration applications to the High Court under the Arbitration Act 1995, Laws of Kenya. Such applications cover the appointment of Arbitrators, removal of Arbitrators on grounds of bias; stay of proceedings, jurisdiction of Arbitrators and objections on points of law.

Advertising and Marketing

We have particular expertise in advising clients to ensure their advertising campaigns and promotional activity fall within the boundaries of legislation and the regulatory codes. In terms of advertising and promotional support, we provide the following legal services to both advertisers and their agencies:-

  • Brand protection advice
  • Promotion terms and conditions
  • Advertising agency agreements

Commercial Agreements

We offer advice and services on a full range of commercial agreements across a number of industries. Our team’s approach is to ensure each agreement meets the clients’ needs and goals. We have vast experience in dealing with:-

  • Joint Ventures Agreements
  • Sale of Goods and Supply of Services Agreements
  • Equipment Hire and Leasing Agreements
  • Standard Terms of Business Agreements
  • Outsourcing Agreements
  • Management Agreements
  • Procurement Agreements
  • Advertising Agreements
  • Consultancy Agreements
  • Product Development Agreements
  • Project Management Agreements
  • Licensing & Distribution Agreements
  • Marketing & Sponsoring Agreements
  • Franchising Agreements

Litigation

Our Litigation team combines legal expertise with a commitment to finding quick creative and cost effective solutions for our clients. We act for a wide range of business and public sector bodies from all over the world.

We help them resolve disputes which are worth millions of dollars or are highly complex or where their commercial livelihood is at stake. We have the legal skills to cover disputes in all courts and International Tribunals The team also helps a wide range of clients in the Insurance and Financial sector resolve all types of disputes.

In pursuit of providing the highest quality legal services to our clients and achieve client satisfaction, the Firm guarantees that no legal fees shall be payable by our clients where, despite our clients reporting their complaint to us,   the quality of our services are found to be wanting by our clients and fall below what is reasonably expected of a competent lawyer or firm of lawyers. The Firm, by means of its client-friendly complaints system, assigns a person to each matter, whom our clients can contact if they have a problem.

During the course of a matter, our clients will receive regular updates and guidelines (either on telephone or in writing) and/or progress reports on their matters including any changes in the law that affect them and any escalating costs of their matters. In this regard, our clients are at liberty to set an upper limit of the costs which may be reached by the Firm without further authority. We also use superior and up to-date legal documents that meet our clients’ diverse legal and commercial needs in their matters.

The Firm’s legal services are personalized with a Case Manager assigned to each client to deal with their matter and can be contacted by our clients on a 24 hour basis. The Firm’s staff is friendly and easily approachable and is at our clients’ service at all times.

On completion of a matter, the firm shall report the outcome to our client and explain any further action (if any) and account for any outstanding money which shall promptly be refunded to our client in full.

Corporate Law Advisory Services

We provide advice to public and private companies both local and international through our Commercial Department.

These range from the incorporation (formation) of public and private companies local and foreign,  both, general trade and business matters to dissolution (winding up) of the companies, mortgage brokerage with mortgage providers and best interest rates for the mortgages product.

We also advice our clients on the transfer of mortgages, leases, properties and businesses.

Cross-Border Practice                                                                                       

Wambugu & Muriuki Advocates have had the benefit of handling legal matters across the East and Central African borders.

We have handled matters especially for our corporate clients in Tanzania, Uganda and Rwanda.

We also have associate law firms across the borders with whom we network.

Equity Markets  

We provide advice to a strong client base of listed companies as well as Investment Banks, Stock brokers and nominated advisors in the field of Equity Markets.

We also undertake mobilization of shares in the Nairobi Securities Exchange for our Individual and Corporate clients through reputable Stock Brokers and Investment Banks.

Employment                                                                                                                       

We advise clients on human resource strategy, planning, management and organizational restructuring, trade union claims and employee relations.

We also prosecute and defend employment claims in all Tribunals and Courts.

Environmental Law                                                                                     

We advise our corporate clients on the social, political and economic impacts of environmental issues at both National and International levels.

We have also successfully represented our Kenya based clients who have attained the Legal requirements set up by the National Environmental and Management Agency of Kenya in environmental disputes.

Mergers & Acquisitions

Wambugu & Muriuki Advocates advises Kenyan companies, overseas corporations and multinationals on contractual relations regarding mergers and acquisitions of businesses and companies. Our expertise and experience ranges from large and complex, domestic and cross-border transactions, including public and private company takeovers, acquisitions and disposal.

Insurance Law

We have substantial experience in Insurance Law. Our Litigation team represents Insurance Companies in Litigation cases such as Industrial Accidents, Road Traffic Accidents, Risk Transfer, Underwriter Liability, Declaratory Suits and Subrogation Claims.

We handle claims for private, public and non-governmental organizations.

Our team ensures that rightful claims are settled amicably within the shortest time and at the right cost. Over the years, we have handled a wide array of claims for our clients ranging from minor injuries to multi-million dollar cases all over the East African Region.

We also pursue and prosecute personal accident, Industrial and other claims for our individual clients.

Intellectual Property

The need to have undisputed rights over intellectual property cannot be over emphasized especially when one appreciates the central position intellectual property occupies in modern commerce.

We understand the value that is attributed to a company’s brands or patents or other intellectual property.

The services we offer in this field include:

  • Consultancy on property rights including patents, trademarks and copyrights, especially with regard to their selection, creation, and enforcement against infringement or interference
  • Prompt searches at the Kenya Industrial Property Institute on trademarks, trade names
  • Registration of intellectual property rights
  • Advisory services on Intellectual Property licenses or assignments for the maximum exploitation of rights in commercial transactions
  • We offer services to our clients on matters relating to Trademarks, Copyrights, Patents, Designs, Domain Names and other Intellectual Property Rights.
  • Intellectual Property litigation
  • Media and entertainment, merchandising and sponsorship and telecommunications
  • We advise on forms of copyright agreement for protection (both national and international) of copyright assets against counterfeits, infringement and unjust enrichment by third parties in sectors such as entertainment, media, broadcasting, manufacturing, publishing, advertising and merchandising, sport, public sector services, financial services.
  • We assist clients protect their patents by drafting and filing patent applications on their behalf to secure patent rights both nationally and internationally.
  • We also advise on patent portfolio management by helping clients enforce their rights against third parties and vigorously defend, where necessary, their said rights against third party patent assertions.
  • We also assist clients register their trademarks, designs, service marks, domain names, logos, abbreviations and names.

Other Services

In pursuit of providing the highest quality legal services to our clients and achieve client satisfaction, the Firm guarantees that no legal fees shall be payable by our clients where, despite our clients reporting their complaint to us, the quality of our services are found to be wanting by our clients and fall below what is reasonably expected of a competent lawyer or firm of lawyers. The Firm, by means of its client-friendly complaints system, assigns a person to each matter, whom our clients can contact if they have a problem.