AREAS OF PRACTICE

The Kenyan legal system
Kenya 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.

We regularly 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 markets
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 yield products.

 

 

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
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 related disputes.

 

 

Insurance
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.

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