A Boutique International
Advisory Firm
A boutique international tax, legal and accounting advisory firm specialising in supporting ambitious investments into and within Africa. This means we support indigenous and foreign owned businesses during funding, operations and profit extraction, while leveraging an optimal business structure in their specific circumstances. This commercial approach to advisory combines a global perspective with combined local expertise of 40 years.
Interfacing tax, legal accounting advisory makes business sense for our clients because they are able to plan their commercial operations around known regulatory parameters, thus being in a position to deliver shareholder value consistently.
We offer the full breadth of legal advisory – with a prudent and practical approach. This covers tax advisory and tax litigation, private client advisory, real estate, finance, energy, commercial law, corporate M&A, global mobility. Our day – to – day operational support covers company secretarial, tax compliance and accounting.
Uniquely, our advisory business is supported by proprietary in – house technology that allows our experienced staff to deliver on our expertise
Team leader in advising on all tax aspects of the merger of Airtel Networks and Telkom Kenya including advising on debt – equity structures, Competition Authority requirements, employment considerations, Communication Authority considerations, transfer of business assets, utilization of prior year VAT and corporation tax credits.
Tax team leader in advising the former shareholders of Equator Bottlers who sold their entire stake in the company to Coca Cola Sabco Limited . This process involved engaging in end – to – end tax due diligence of Equator Bottlers including advise on excise duty, value added tax, customs duty, corporate tax and employment taxes. The process also involved negotiations with the Kenya Revenue Authority and Coca Cola Sabco as part of the post – completion mechanics
Safepak – Aracari Land Amalgamation : This transaction involved restructuring two related companies – Arakari and Safepak – which have common ownership; so that a parcel of land can be transferred from Aracari (subsidiary) to Safepak (shareholder) for purposes of amalgamation
Project Juno – Asset Purchase Agreement : In this assignment Choppies (Botswana) entered into an asset purchase agreement to purchase certain assets. Following this execution, KRA issued an assessment for various taxes against Ukwala, which subsequently appealed KRA’s tax decision at the Tax App eals Tribunal. I was involved in attending proceedings of the Tax Appeals Tribunal, drafting and negotiating a tax indemnity in favor of Choppies on the possible tax risks following the tax appeals
PA Insurance and APA Global : This assignment involved a tax assessment raised by the KRA on APA General of KES 147 million and APA Life of KES 13.9 million. We were able to negotiate the tax demanded downwards by a margin ranging between 40 – 50%.
APA – VAT on Sale of Salvages : This assignment touched on an industry – wide issue revolving around the question of the VAT status of motor vehicle salvages sold by insurance companies in the course of indemnifying the insured upon the occurrence of a loss. This advice allowed APA to counter a KRA demand on an assessed liability on such transactions
Team Leader in applying for a tax exemption for Malindi Solar Group involved in the construction of a new solar generation plant in Malindi to produce 40MW AC power to be connected to the national grid. This process has involved preparing the tax exemption letter and accompanying master list, filing the exemption letter, following it up with the Kenya Power Ltd, the Ministry of Energy and Petroleum and the National Treasury. This process has involved meetings with Principal Secretaries of the ministries, the Managing Director of Kenya Power and Heads of Department
Team Leader in the review of tax legislation such as the Finance Bill, 2019, Finance Bill, 2018, Finance Bill, 2017, Finance Bill, 2016, Income Tax Bill, 2018. This review process involved leading a team of 7 associates to review the text of the proposed legislation, synthesizing the implications of the amendments, preparing summaries for presentation before the National Assembly, the Kenya Revenue Authority and the National Treasury
Rainforest Farmlands Kenya Limited : I was the team leader for this project. This assignment involved negotiation with the KRA over a tax assessment of KES 800 million in conjunction with Deloitte and Touche. We were able to negotiate the tax payable to KES 25 million and appealing against the sum of KES 164 million.
Google Kenya Limited : Acted as the team leader in this matter. This tax matter involved an appeal against a KRA decision to decline the approval of a VAT refund application valued at KES 58 million.
Crown Beverages Limited – Tax Appeals Tribunal: This assignment involved the drafting of appeal documentation for the Tax Appeals Tribunal, relating to an excise duty and value added tax demand issued on Crown Beverages by the KRA. The assignment also involved the negotiation of an out – of – tribunal of the dispute with the under the auspices of the KRA Alternative Dispute Resolution team and further negotiating a payment plan and settlement agreement following the negotiations.
MARS Incorporated on a worldwide shareholder restructuring project involving 32 countries which involved the following: tax and legal implications of the shareholding restructuring, applications of stamp duty and capital gains exemptions, among others
Advised on the tax and legal implications of the M&A between Hashi Energy and Lake Oil where Lake Oil acquired the petroleum retail business of Hashi and deepened its existing gas distribution business.
Advised Vivo Energy Kenya on the legal and tax implication of the acquisition of Shell’s Kenya downstream business
Advised in the real estate and finance legal due diligence exercise preceding a M&A deal in the acquisition of Engen by Vivo and lead the post implementation process.
Advised Hemmingways Hospitality limited on tax and legal implications of restructuring their hospitality business
Autoexpress : Advised in the real estate and finance legal due diligence exercise preceding a M&A deal with a private equity fund and lead the post implementation process.
Gardaworld : Advised a legal due diligence exercise preceding a M&A deal in the acquisition of KK Security Ltd and lead the post implementation process.
Telkom Kenya Limited : Principal attorney in the real estate and finance legal due diligence exercise preceding a M&A deal with Airtel Kenya.
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