Commercial

Our Commercial practice group provides structuring and regulatory advice to individuals and businesses requiring guidance on various commercial matters and related agreements, including advertising, betting and gaming, distribution, equipment leasing, franchising, manufacturing and supply of goods and services. We have extensive experience in drafting and negotiating confidentiality/non-disclosure, non-solicitation and non-circumvention agreements; contracts for services; concession agreements; distribution agreements; equipment leasing agreements; supply, installation and commissioning contracts; introduction and commission agreements; joint bidding, collaboration and consortium agreements; licensing agreements; pharmaceutical testing agreements; sponsorship agreements.

Our Experiences include;

  • Advising a leading advertising company in East Africa in a red flag review of all advertising material generated by the company in relation to the VISA contactless payment campaign.
  • Acting for a Kenyan oil marketing company in the preparation of a long-term supply contract template for dealer-owned-dealer-operated fuel service stations.
  • Representing a Kenyan company in its entry into a partnership agreement in relation to the operation of four BAE aircraft.
  • Legal Opinion on Termination of a Distributorship Agreement ,a global hygiene and health company, with its headquarters in Stockholm, Sweden.
  • Reviewing a corporate entity’s anti-bribery and code of business code of conduct policy for compliance with Kenyan law, drafting additional provisions for inclusion in the policy and advising on practical solutions to ensure compliance with legal and business requirements
  • Reviewing an investment fund’s share subscription agreement for Kenyan regulatory compliance
  • Advised Media Edge Interactive Limited on the concession granted to it by Kenya Airports Authority in relation to the management of media for Jomo Kenyatta International Airport and Moi International Airport.
  • Advised Media Edge Interactive Limited on the media management agreement between it and Thika Road Mall Limited.
  • Advised Legacy XP in relation to its digital signage and advertising agreement with Two Rivers Lifestyle Centre Limited.
  • Advised Governors Aviation Limited on a Charter Agreement between it and Renegade Air Limited.
  • Advised an investment advisory firm on the sale and leaseback of two Boeing 737-700 aircraft with Kenya Airways Limited.
  • Advised BOC Aviation on the sale and leaseback of two Boeing 737-700 aircraft with Kenya Airways Limited.
  • Advised an investment firm on the sale and leaseback of three Bombardier DHC-8-102 aircraft to a local aviation company.
  • Advised on Master Lease Agreement between Simba Colt Limited and Proctor & Allan (E.A.) Limited.
  • Reviewed standard Terms and Conditions for a local software installer and re-seller company.
  • Preparing licence agreements and standard Terms and Conditions for use by an owner of application software for use with its healthcare service providers.
  • Preparing OEM Licence Agreements for a ICT telecommunications company.
  • Restructuring the distribution arrangements for a local manufacturer of electric cables.
  • Representing a Kenyan company in the acquisition of two fishing vessels from entities in the Republic of South Africa and the Republic of Namibia, including deregistering the vessels, obtaining export permits, and registering the vessels with the Kenya Maritime Authority.
  • Advising a global pharmaceutical company in relation to the requirements for obtaining regulatory approval for marketing and advertising health care products in Kenya.
  • Advising a foreign FMCG manufacturer in relation to its ability to remotely host a website for a promotion to be run in Kenya including obtaining an opinion from the Kenya Betting Control and Licensing Board.
  • Advising an international lodging online marketplace operator, in relation to the regulatory environment governing certain of its programmes available in Kenya.
  • Represented a global pharmaceutical company in relation to its entry into review a distributorship agreement including ensuring compliance with Kenyan legal requirements relating to the registration, importation and sale of pharma products/over the counter products in Kenya with the Pharmacy and Poisons Board, Kenya’s Drug Regulatory Authority.
  • Advising M-Gas Limited, a last mile liquefied petroleum gas cylinder logistics, distribution and sale of gas business, in relation to its anti-corruption and bribery policy, code of business and code of conduct policy for compliance with Kenyan law, drafting additional provisions for inclusion in the policy and advising on practical solutions to ensure compliance with legal and business requirements.
  • Advising PharmAccess Foundation, Kenya in relation to its general compliance obligations under the Data Protection Act, 2019.
  • Advising an American multinational technology company, in relation to its Business-to-Business email marketing terms to ensure compliance with Kenyan Data Protection law.
  • Advising an international trade association in relation to its payment product to determine if it qualified as a payment service provider requiring licensing with the Central Bank of Kenya.
  • Advising M-Gas Limited, a last mile liquefied petroleum gas cylinder logistics, distribution and sale of gas business, in relation to its Mobile App Terms and Conditions for compliance with mandatory applicable Kenyan laws.
  • Advising an American multinational technology corporation, in relation to an intellectual property agreement for the creation and installation of artwork at its offices in Kenya to ensure compliance with Kenyan law.
  • Advising Positivo BGH, a joint venture between Positivo Informática (Brazil) and BGH S.A (Argentina), in relation to the Supply, Delivery, Testing and Commissioning f Goods and related services for implementation of Kenya’s Digital Literacy Program In Public Primary Schools.
  • Represented PBGH Kenya Limited, a joint venture between Positivo BGH and local investors, in its entry into various agreements for the set-up and operationalisation of a surface mount technology manufacturing factory to be established in Kenya including an equipment purchase agreement and an equipment set-up installation and know-how transfer agreement.
  • Represented Rift Gas Limited, a licensed importer and wholesaler of liquefied petroleum gas in relation to its providing hospitality storage, handling and filling services to a retailer of liquefied petroleum gas.
  • Represented Rift Gas Limited, a licensed importer and wholesaler of liquefied petroleum gas in relation to its entry into an equipment rental agreement for its storage, handling and filling services facility to a retailer of liquefied petroleum gas.
  • Advised the landowner on a 10-year agreement for contract farming with a leading horticultural produce export firm.
  • Reviewed commercial fishing agreement between a local concession holder and foreign trawling company.
  • Reviewed various corporate guarantees to be issued by a company listed on the Nairobi Securities Exchange in relation to its subsidiaries trade finance arrangements.
  • Reviewed various non-disclosure, non-circumvent and non-solicitation agreements and capital raising mandates for a local FMCG manufacturer.
  • Reviewed various non-disclosure, non-circumvent and non-solicitation agreements and capital raising mandates for a company listed on the Nairobi Securities Exchange.
  • Advised on the service contract relating to the installation, testing and commissioning of goods and related services for the implementation of the Government of Kenya Digital Literacy Program in Public Primary Schools in 10 Counties in Kenya.
  • Provided legal opinion to a telecommunications company on its contractual obligations and potential liability in relation to the proposed termination of agreements entered into for the purchase of land and development and construction of its headquarters by the land vendor.
  • Advised an international VOIP services provider on the relevant regulatory and data privacy laws who proposed to provide VOIP service to its’ multinational client’s Kenya office, including identification and advice on required licenses and approvals in relation to the service as well as the infrastructure and equipment to be utilised.
  • Provided a regulatory review of machine telecommunications and data management products to a leading global manufacturer and supplier of equipment to the agricultural, forestry, construction and landscaping industries.
  • Provided a regulatory review and legal opinion on the legal framework for satellite communication in Kenya on behalf of a foreign service provider proposing to provide hardware infrastructure and technical support to enterprises in Kenya to enable them receive foreign TV channels via satellite.
  • Is on retainer to a brand marketing firm specialising in mobile marketing solutions that engages with consumers on a large scale.
  • Is on retainer to a multinational distributor and integrator company providing information technology and telecom products and services.
  • Advised global web and mobile money platform firm that offers simple and secure online payment services to individuals and business making payments in Africa.
  • Advised an international transportation network company offering retail transport services.

Please contact Waringa Njonjo - Partner and Head of Commercial for more information on our Commercial expertise.

wnjonjo@mman.co.ke





4th Floor, Wing B, Capitol Hill Square, Off Chyulu Road, Upper Hill, Nairobi, Kenya.
P.O. Box 8418 Nairobi 00200 / T: +254-208697960/+254-202596994 / M: +254 718 268 683

Dropping Zone: No 62, Embassy House

mman@mman.co.ke