Specialized Practice Groups (Sub Firms)

A. Sichangi Business And Corporate Organizations Services (SIBUCO):

Team Leader:  Josephine Kogweno - Mbori,  Email : jkogweno@sichangi.com

The Sibuco Group focuses on providing support to business and corporate organizations in ensuring that the formation, operationalization, governance and management of businesses formation, registration and incorporation of organizations such as corporations, companies, partnerships, trusts, non-governmental organizations, etc, whether with limited or unlimited liability and whether private or public; obtaining business licences and work permits for businesses, corporate and their staff; all matters related to sale and purchases of businesses and corporate restructuring; re-organization of assets through acquisitions and sell-offs; creating new ownerships through spin-offs, split ups, mergers and equity carve outs, share splits, transfers and right issues; reorganizing financial claims through exchange oers, leveraged recapitalization, financial re-organization and liquidation, joint ventures, and corporate takeovers, Employee Share Options (ESOPs), etc; corporate reorganization, including, change of directors and shareholders through sale transfer and or allotment of shares; and corporate debt restructuring, corporate buyouts, mergers and acquisitions, and recapitalization of companies.

The Group advices on: formation and denition of management and implementation structures for Special Purpose Vehicles (SPVs), Joint Ventures Partnerships including Private and Private Public Partnerships; negotiation of SPV and Joint Venture Agreements; post incorporation of business and general business requirement; dissolution and winding up of businesses and corporate organizations, and pre and post dissolution compliance requirements; attendant company secretarial services; Acting as Funds or Account Managers, managing bank accounts on trust basis; and provision of Custodial Services for securities/stock certicates, titles and other property ownership documents.

B. Intellectual property.

Team Leader: Anne W. Munene, Email : anne@sichangi.com

Within Sichangi Partners, Advocates, we have a specialized unit known as the Sichangi Intellectual PropertyOffice (SINTEPO) that handles all intellectual property matters for and on behalf of the rm. SINTEPO is a specialized unit comprised of a team of experienced professionals, well versed in all matters of IP law.

Through SINTEPO, the rm helps in the protection of its client’s brand names, slogans, goodwill, inventions and other innovations. We also prepare transfer of technology agreements, licensing, franchising and parallel importation agreements. We advise our clients on all aspects of intellectual property. We ensure protection of our clients IP rights through registration, both locally and internationally under the PCT and ARIPO systems of registration. We also provide national protection in other countries worldwide through a network of associate agent law rms. Our services include, but are not limited to: -

1. Registrations and infringement actions;
2. Advice on counterfeiting, due diligence, commercialisation and exploitation of IP;
3. Negotiation and drafting of information technology agreements and enforcement actions relating to the Internet;
4. Licensing and franchise agreements, music and performers rights and strategic portfolio management;
5. Trademarks searches, registration, renewals, assignments, licenses, change of name and address;
6. Local opposition, expungement, infringement and passing of actions;
7. Patents Searches, ling and prosecution, change of ownership and annual maintenance across the world under the PCT, ARIPO and other registration regimes. Local revocation and infringement proceedings;
8. Copyright, trade mark oppositions, trade mark expungements, passing o and unlawful competition;
9. Domain name dispute resolution, registration and renewal of domain names and searches
10. Filing of patents and industrial designs, validity opinions and advice, patent and industrial design litigation, opposition and expungement actions;
11. Plant Breeder’s Rights: Registration and preservation of plant breeder’s rights;
12. IP based Agreements: Drafting and negotiating IP based agreements including but not limited to distribution, manufacturing, license, media, web, franchise, publishing, transfer of technology agreements, registered user and franchise agreements and assignments; and
13. 13) We represent our clients in enforcement, opposition, revocation and infringement actions before the Industrial Property Tribunal, the High Court and in the Court of Appeal.

C. Property Development and Project Services

(Homes, Mortgages and Space)

Team Leader: Victoria Muya, Email : victoria@sichangi.com

Our Property & Projects Development Practice Group offers consultancies and representation in: Sales, Leases, charges and mortgages; Real Estate Conveyancing in preparation and registration of documentation for transfer and disposition of interests; Project Finance for project development and purchase of resultant units; Tax Advisory Services on real estate/property acquisition or transfer; Development projects’ Environmental Regulatory Compliance - we advice project developers on prerequisite compliance law and procedures before, during and after completion of property development projects; and Real Estate Litigation and arbitration in which our litigators and arbitrators advice and/or represent clients in all dispute avoidance and resolution matters over real estate.

We work closely with the client to understand their business, their objectives and their approach to determine the most suited approach to structuring legal documents for a project. Special attention is paid to the multi-unit, ownership, governance and management structure (“Management Companies and Trusts”)

D. Tax Law Services

Team Leader: Cyrus Maina ,  Email:  cmaina@sichangi.com

The Tax Law Practice provides a range of services vis-a-vis: Pre-business establishment tax advice in order to enable the client appreciate the tax implications to his business and the most tax ecient “Vehicle” for carrying on his business; General Tax advice for businesses that have established, or intend to establish, business in the Export Processing Zones (EPZs); Advice on most tax efficient remuneration structures for expatriate employees and top-executives including directors; Tax due diligence and reviews in merger and acquisitions transactions and share deals, including related tax implications and warranties; Processing of tax exemptions for NGOs, societies and charitable trusts, where applicable; Processing tax related registration like PIN, VAT, NHIF, NSSF and PAYE; Processing stamp duty exemption in land transaction, where applicable; and Tax litigation before Local Committees, Tax Tribunals and Court of Laws.

E. Environmental and Regulatory law

Our practice in environmental and regulatory Law includes advising project proponents and developers on legal compliance relating to the environmental laws including the Environmental Management and Coordination Act, the Water Act and the Forest Act. We also advise on the regulatory rules imposed by statute such as the Physical Planning Act, the Public Health Act, the Local Government Act etc, and those imposed by subsidiary legislation such as by-laws. In addition, we litigate on the same in all courts and at the National Environment Tribunal.

F. Telecommunications and Information Technology

The firm is well versed in various types of IT and telecommunication based transactions including e-commerce. The firm has acted for a number of telecommunication companies in diverse areas of practice including obtaining the necessary approval and licences from the Communication Commission of Kenya, preparation of the necessary telecommunication infrastructure and network building agreements and deeds, software and hardware maintenance agreements, diverse contractual matters, financing, investments and litigation arising from such matters.

G. Insurance Law

The firm has over the years offered legal services to various insurance companies. With one of the firm's partners, Josephine Namasaka having worked in the insurance industry, the firm understands the business legal aspects of insurance industry and the regulatory environment of the insurance industry. We have been involved in the incorporation and structuring of insurance companies locally, and in the capital and corporate of a multilateral regional trade and credit insurance project funded by the World Bank

H. Church Religious and Charitable Organizations Services (CReCOS)

Team Leader:  Josephine Kogweno - Mbori,  Email : jkogweno@sichangi.com

I. Financial Services and Markets Services (Including Capital Markets)

Financial markets services facilitate development through grant of development loans and trade in financial securities (such as stocks and bonds), commodities (such as precious metals or agricultural goods).

Our Financial Markets Services Practice provide consultancies and representation in: regulatory regime governing financial markets services; banking services, insurance services, capital markets, private equity, venture capital, pension funds and schemes,
investment scheme, Corporate Law e.t.c; and all regulations incidental to provision of financial services, management and supervisionof financial markets services; the provision of legal services in the financial services products.

J. Family Business Services

K. Co-operative Societies