AREAS OF PRACTICE
The Kenyan legal system
has a legal system modeled on the English Common Law system. This is a
consequence of the
British colonial control that commenced with the Berlin Conference of
1885. Initially the administration of Eastern Africa had been carried
out by the Imperial British East Africa (IBEA) but from 15th June 1895,
the British Government bought out IBEA taking over direct administration
of East Africa and declared Kenya a British Protectorate.
On 12th August
1897 the British Government promulgated the East
African-Order-in-Council with a reception clause that applied to Kenya
the substance of the English Common Law, the Doctrines of Equity and
Statutes of General Application in force in England as at that date, and
later the Kenya Judicature Act, 1967.
Banking & finance
We advise on the structuring and implementation of significant financial
transactions for major banks including debt and equity issues and in
relation to compliance with the local regulatory regime.
provide opinions on Kenyan law to lenders, the Kenyan Government, its
departments and rating agencies world-wide. In addition, we advise on
dealing with locally established counterparties in particular on
netting, derivatives and security and we are regularly involved in the
preparation of documents for swaps, options, foreign exchange
transactions and stock lending transactions.
Capital market deals with raising of long term funds by
companies or the Government and includes shares and bonds. The Capital
Markets Authority (CMA) was established towards the end of 1989 to
promote and facilitate development of an orderly, fair and efficient
capital market in Kenya.
CMA is therefore
responsible for the licensing of brokers, unit trusts, mutual fund,
dealers and investment advisers. We offer comprehensive legal advice
that covers regulatory, securities, debt, derivatives, equity and high
Companies, partnerships and trusts
There are a number of structures which can be used to carry on business
in Kenya. These business entities have varying legal requirements and
limitations depending on the nature of the business or the objectives.
It is important when considering the entity to be used, to understand
these legal limitations and requirements.
At Murgor &
Murgor Advocates we provide comprehensive advice on carrying out
business in Kenya and the various types of business vehicles available
in Kenya. We incorporate public and private limited companies, register
partnerships, businesses and private and public trusts.
Employment law is an expansive area encompassing all
areas of the employer/employee relationship. In Kenya, it is governed
mainly by the Employment Act plus several other pieces of legislation
such as the The Labour Institutions Act, 2007, The Labour Relations Act,
2007, The Employment Act, 2007, The Occupational Safety and Health Bill
and The Work Injury Benefits Act, 2007.
We offer a
comprehensive employment law service providing employers, employees and
self employed with advice on employment policies, contracts,
termination, wages & benefits, collective bargaining, workplace safety,
workmen's compensation and pensions as well as dealing with employment
Insurance in Kenya is regulated through the Insurance Act and the
Association of Kenyan Insurers a consultative and advisory body for the
insurance industry. The Association is open to any insurance company
duly registered under the Insurance Act to transact business in Kenya.
We specialize in
insurance law and we offer advice on insurance claims and contracts. We
provide compliance, transactional and litigation services to insurers
and to financial services industry generally.