company profile · having worked in senior and executive positions in the mortgage and “nancial...
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ANT &TOM NDALO& ASSOCIATESADVOCATES,C O M M I S S I O N E R F O R O A T H S
LLP
COMPANYPROFILE
LAW . CONSULTANCY
ANT &
At Tom Ndalo & Associates Advocates you can expect a highly skilled, multi –lingual and multi- cultural team drawn from a variety of commercial and legal backgrounds all working together to meet our clients’ objectives.
Our team of advocates comprises of bright, skilled, creative and commercially savvy people and we guarantee results. We are passionate about what we do; we enjoy working with clients and with each other and we build long, productive and supportive relationships.
About us
To be the reference, go to global law �rm delivering reliable legal services and assistance that are tailored to clients’ requirements within every area of practice across Kenya and regionally
Our Vision
We strive for law practice excellence by consistently delivering highly skilled courteous, ethical and committed legal representation to our clients in the most cost e�ective and e�cient manner.
We work passionately as a team with shared values for greater standards of service and assistance to our clients, endeavoring to deliver best results day by day
Our Mission
To be the reference, go to global law �rm delivering reliable legal services and assistance that are tailored to clients’ requirements within every area of practice across Kenya and regionally
Our Vision
We strive for law practice excellence by consistently delivering highly skilled courteous, ethical and committed legal representation to our clients in the most cost e�ective and e�cient manner.
We work passionately as a team with shared values for greater standards of service and assistance to our clients, endeavoring to deliver best results day by day
Our Mission
Our clients are key to everything we do
Core Values
We constantly strive to evaluate, understand and enhance the quality of delivering legal services to our clients , ensuring that at all times we deliver high standards e�ciently , e�ectively and with high level of professionalism .
We are committed to building and nurturing trust and long term relationships, working as a team within the �rm and with our clients.
We observe high levels of integrity, treating each other with dignity, respect and care.
We invest in building & enhancing talent and capabilities in our team in order to deliver exceptional service to our clients.
We strive for excellence, getting it right �rst time all the time in our services
We work through building synergies with a participatory approach, working collaboratively with our clients and across practice groups. Integrity is the foundation of our �rm.
Our Team
Tom is practicing Advocate and a member of the Law Society of Kenya (LSK).He is one of the founding partners currently serving as the Managing Partner of the �rm. He is the former Executive Director and Cluster Head of Domestic Banking at Ecobank in charge of East Africa (Kenya, Uganda, Tanzania, Rwanda, Burundi, Ethiopia and South Sudan). He is vastly experienced in Corporate leadership having worked in senior and executive positions in the Mortgage and �nancial services sector for Barclays (now Absa) , Co-operative Bank , KCB , BOA. & Ecobank.Tom has spent close to 20 years in the private sector particularly Mortgage , banking &�nancial services industry leadership & legal practice in East Africa and Mauritius and has been involved in a number of transactions advising domestic, regional and International �rms on privatizations. M&A deals, Capital Markets, Banking, and Finance, restructuring and corporate law, Real Estate, Land & Conveyance laws including international citizenship
Tom Ochieng Ndalo Managing Partner
(BA-Econ (Hons) Kenyatta; LLB (Hons)-UON; MBA-Maseno; LLM-UON, PGD-KSL)
Harry is an experienced and practicing advocate having graduated from the University of Nairobi in 2013 with honors degree in law in 2013. He is also a member of the Law Society of Kenya (LSK). He has proven track record in the practice of Arbitration, Commercial, Land & Conveyance laws and an astute practitioner with a passion for litigation matters.Harry is also a researcher and a publisher of legal and social articles
Harry Stephens Arunda Partner
LLB (Hons); PGD-KSL
Our Team
Tom is practicing Advocate and a member of the Law Society of Kenya (LSK).He is one of the founding partners currently serving as the Managing Partner of the �rm. He is the former Executive Director and Cluster Head of Domestic Banking at Ecobank in charge of East Africa (Kenya, Uganda, Tanzania, Rwanda, Burundi, Ethiopia and South Sudan). He is vastly experienced in Corporate leadership having worked in senior and executive positions in the Mortgage and �nancial services sector for Barclays (now Absa) , Co-operative Bank , KCB , BOA. & Ecobank.Tom has spent close to 20 years in the private sector particularly Mortgage , banking &�nancial services industry leadership & legal practice in East Africa and Mauritius and has been involved in a number of transactions advising domestic, regional and International �rms on privatizations. M&A deals, Capital Markets, Banking, and Finance, restructuring and corporate law, Real Estate, Land & Conveyance laws including international citizenship
Tom Ochieng Ndalo Managing Partner
(BA-Econ (Hons) Kenyatta; LLB (Hons)-UON; MBA-Maseno; LLM-UON, PGD-KSL)
Harry is an experienced and practicing advocate having graduated from the University of Nairobi in 2013 with honors degree in law in 2013. He is also a member of the Law Society of Kenya (LSK). He has proven track record in the practice of Arbitration, Commercial, Land & Conveyance laws and an astute practitioner with a passion for litigation matters.Harry is also a researcher and a publisher of legal and social articles
Harry Stephens Arunda Partner
LLB (Hons); PGD-KSL
Fred Muhul is a practicing Advocate with extensive & deep experience in Real Estate / Land/Conveyance laws as well as Commercial and Corporate law Practice. Fred is also an astute commercial /corporate arbitrator .He graduated in 2013 with Honors degree in law from the University of Nairobi and was admitted to the Bar in 2016.He is a member of Law Society of Kenya (LSK)
Fred MuhulPartner
LLB (Hons); PGD-KSL
Jael holds an honors degree in Education & Economics from Kenyatta University with extensive training in HRD & Practice.
She is an independent corporate Consultant with a sharp eye on employment policies, procedures and practice.She is also well versed with the Banking and Financial industry Regulatory regimes in Kenya and the region having been in active practice for over 13 years.
Jael has special expertise in real estate and mortgage �nancing.
Ms. J. A. AkinyiConsultant
B.Ed & Econ (Hons) , Kenyatta
Mr. Okute is an associate at the �rm. He’s holds an Honors degree in law from the University of Nairobi, School of Law and holds a Post Graduate Diploma in Law (PGD) from the Kenya School of Law. He is member of the Law Society of Kenya (LSK) and actively practicing law having been admitted to the Roll of Advocates in March 2016. He specializes in Criminal and Civil litigation, Commercial Law, Property and Real Estate Law (Conveyancing), Employment Law. He also has interest in Constitutional, Human Rights and International Refugee Law.
Samuel Ochieng Okute Associate
LLB(Hons) UON, PGD-KSL
Salome is a practicing advocate and an associate at the �rm having joined in December 2019. She holds an honors degree in law from the University of Nairobi as well as post graduate diploma from Kenya School of law. She has special �air with Commercial, Real Estate & Conveyance laws as well as Securities.
Salome Angulo Associate
LLB (Hons) UON, PGD-KSL
Natalie Jemimah is a trainee pupil at the law �rm. She holds an honors degree in law from the University of Nairobi and is currently training and preparing for her Advocates Training Program at Kenya School of Law through our �rm.
Natalie Jemimah
LLB (Hons)
Mr. Okute is an associate at the �rm. He’s holds an Honors degree in law from the University of Nairobi, School of Law and holds a Post Graduate Diploma in Law (PGD) from the Kenya School of Law. He is member of the Law Society of Kenya (LSK) and actively practicing law having been admitted to the Roll of Advocates in March 2016. He specializes in Criminal and Civil litigation, Commercial Law, Property and Real Estate Law (Conveyancing), Employment Law. He also has interest in Constitutional, Human Rights and International Refugee Law.
Samuel Ochieng Okute Associate
LLB(Hons) UON, PGD-KSL
Salome is a practicing advocate and an associate at the �rm having joined in December 2019. She holds an honors degree in law from the University of Nairobi as well as post graduate diploma from Kenya School of law. She has special �air with Commercial, Real Estate & Conveyance laws as well as Securities.
Salome Angulo Associate
LLB (Hons) UON, PGD-KSL
Natalie Jemimah is a trainee pupil at the law �rm. She holds an honors degree in law from the University of Nairobi and is currently training and preparing for her Advocates Training Program at Kenya School of Law through our �rm.
Natalie Jemimah
LLB (Hons)
The �rm’s dynamic combination of professional expertise and providing personalized quality legal counsel has transformed Tom Ndalo & Associates Advocates from an ordinary high street practice to a leader in its practice areas. The evolving client and market needs have led the �rm to build on its foundation of providing expert and quality professional counsel in order to develop a variety of more specialized practices.
Services
1.
5.
Banking and Finance
Litigation (Civil and Criminal)
2.
6.
Commercial Property, Real Estate and Conveyancing
Policy & Legislative Dra�ing Public and Regulatory policy.
3.
7.
Corporate and Commercial Law
Alternative Dispute Resolution,
4.
8.
Insurance Law
International citizenship / residency
Tom Ndalo & Associates Advocates’ specialist legal services include;
TN&A- Advocates has remained true to its mission of becoming a leading law �rm in Kenya and the region. We are well known for providing specialized legal advisory services, high level dispute resolution (through both litigation and alternative dispute resolution mechanisms) and handling complex and high value conveyancing and commercial transactions.
The �rm has a keen understanding of the legal, commercial and regulatory environment in Kenya. Among other areas, the �rm has substantial expertise in property law and conveyancing, commercial law and litigation, public procurement, corporate and �nancial services, corporate restructurings, mergers and acquisitions, employment law, intellectual property, Procurement & asset disposal laws , insurance and tax matters.
AREAS OF PRACTICE
TN&A- Advocates has remained true to its mission of becoming a leading law �rm in Kenya and the region. We are well known for providing specialized legal advisory services, high level dispute resolution (through both litigation and alternative dispute resolution mechanisms) and handling complex and high value conveyancing and commercial transactions.
The �rm has a keen understanding of the legal, commercial and regulatory environment in Kenya. Among other areas, the �rm has substantial expertise in property law and conveyancing, commercial law and litigation, public procurement, corporate and �nancial services, corporate restructurings, mergers and acquisitions, employment law, intellectual property, Procurement & asset disposal laws , insurance and tax matters.
AREAS OF PRACTICE
TN&A Advocates are well equipped to handle day to day litigation and arbitration before both domestic and international courts and tribunals. We strive to be the �rm to consult in respect of complex litigation and arbitration matters within the East African region.
The �rm’s partners are recognized on public procurement law, constitutional and administrative actions, security realization, media law, tax law and intellectual property law. In a number of cases, the �rm advises on alternative dispute resolution and participates in structured dispute resolution proceedings.
Dispute Settlement
TN&A Advocates are well equipped to handle day to day litigation and arbitration before both domestic and international courts and tribunals. We strive to be the �rm to consult in respect of complex litigation and arbitration matters within the East African region.
The �rm’s partners are recognized on public procurement law, constitutional and administrative actions, security realization, media law, tax law and intellectual property law. In a number of cases, the �rm advises on alternative dispute resolution and participates in structured dispute resolution proceedings.
Alternative Dispute Resolution
TN&A Advocates are well equipped to handle day to day litigation and arbitration before both domestic and international courts and tribunals. We strive to be the �rm to consult in respect of complex litigation and arbitration matters within the East African region.
The �rm’s partners are recognized on public procurement law, constitutional and administrative actions, security realization, media law, tax law and intellectual property law. In a number of cases, the �rm advises on alternative dispute resolution and participates in structured dispute resolution proceedings.
Alternative Dispute Resolution Our lawyers have developed excellent expertise in constitutional
and administrative law matters particularly in relation to the Kenyan Constitution. Our lawyers act over the whole range of Constitutional and Administrative law practice areas in courts and tribunals in Kenya. We are experts in the law governing the relationship between persons (natural and legal) and the state. For claimants, we are equally at home representing commercial clients challenging complex regulatory or governmental decisions while acting for individuals or NGOs in human rights and constitutional challenges.
In the commercial sphere, our work spans subject areas as diverse as banking, energy, �nancial services, healthcare, pensions, pharmaceuticals, tax, telecoms and transport. We act in environmental law, equality and discrimination, local authority powers, national security law and sanctions.
Constitutional and Administrative Law
The Real Estate and Property Transactions Department undertakes all forms of real estate transactions including advising on high value and complex commercial property schemes, development of large scale housing estates, negotiating and structuring �nancing and development agreements and dra�ing all necessary security documentation.A large number of private and public entities, �nancial institutions, construction companies, property developers as well as individual sellers and buyers continue to rely on the Firm’s expertise and advice at all stages of real estate and property transactions.
The Services o ered by the �rm in respect to the aforementioned transactions include undertaking due diligence, advising on development conveyancing, preparation and perfection of commercial and residential leases, security documentation, procuring completion documents, registration formalities and ancillary services.The Firm also advises private individuals on legal estate planning as an element of wealth management. TN&A Advocates advises on the settlement of Trusts for various charitable purposes.
Commercial, Real Estate & Conveyancing Department
The Real Estate and Property Transactions Department undertakes all forms of real estate transactions including advising on high value and complex commercial property schemes, development of large scale housing estates, negotiating and structuring �nancing and development agreements and dra�ing all necessary security documentation.A large number of private and public entities, �nancial institutions, construction companies, property developers as well as individual sellers and buyers continue to rely on the Firm’s expertise and advice at all stages of real estate and property transactions.
The Services o ered by the �rm in respect to the aforementioned transactions include undertaking due diligence, advising on development conveyancing, preparation and perfection of commercial and residential leases, security documentation, procuring completion documents, registration formalities and ancillary services.The Firm also advises private individuals on legal estate planning as an element of wealth management. TN&A Advocates advises on the settlement of Trusts for various charitable purposes.
Commercial, Real Estate & Conveyancing Department
Our lawyers advise large, regional, foreign and community nancial services companies, their holding companies and investors, private and registered funds, and asset managers with regard to the most complex transactional, regulatory, litigation and enforcement challenges that confront them.
Our Team has been able to broaden their approach in banking and nancial matters by continuously engaging the relevant authorities on new legislation and guidelines. This has enabled us to remain apprised of the most pragmatic solutions to achieve the most intricate of nancing models while ensuring to deliver the desired outcome for our clients.
This approach has allowed us to deliver dynamic yet rened solutions that our clients can rely on to give the highest returns.
Banking and Finance
The Real Estate planning and environmental law team at TN&A Advocates understands that clients want creative solutions that protect and advance their goals without sacri�cing unnecessary time and resources. We have established commercial real estate planning practice, representing client in contemporary development transactions, regionally and locally. Our development practice covers a broad range of property types including o�ce retail, industrial, multifamily, hotel, resort/hospitality and mixed-use development needs.
Our clients include developers, merchant builders, retailers, logistics companies, lodging companies and others. We also represent institutional equity sources seeking investment and joint venture development opportunities with operating development partners. We walk you through the phases of the real estate development process, including purchase options, land acquisitions, construction, protective covenants, easement agreements, leasing, government economic incentives and joint ventures. Over the course of a project, we o�en work closely with other lawyers at TN&A who focus on land use regulation, construction, environmental, local tax and public/private incentives.
Real Estate Planning and Environmental Law
The Real Estate planning and environmental law team at TN&A Advocates understands that clients want creative solutions that protect and advance their goals without sacri�cing unnecessary time and resources. We have established commercial real estate planning practice, representing client in contemporary development transactions, regionally and locally. Our development practice covers a broad range of property types including o�ce retail, industrial, multifamily, hotel, resort/hospitality and mixed-use development needs.
Our clients include developers, merchant builders, retailers, logistics companies, lodging companies and others. We also represent institutional equity sources seeking investment and joint venture development opportunities with operating development partners. We walk you through the phases of the real estate development process, including purchase options, land acquisitions, construction, protective covenants, easement agreements, leasing, government economic incentives and joint ventures. Over the course of a project, we o�en work closely with other lawyers at TN&A who focus on land use regulation, construction, environmental, local tax and public/private incentives.
Real Estate Planning and Environmental Law
Legal and Institutional Reform is a signi cant component of any government agenda particularly where there is need to modernize and harmonize legislation to promote the development of a sector. On the other hand, private sector will o�en seek to understand or participate in the legislative process and require legal advice in order to do so. TN&A Advocates meets these needs and has positioned to be the leading provider of legal advisory and consultancy services advising government, donors and private organizations across a variety of sectors. Our long experience in providing these services as well as the diversity of the clients we serve means that TN&A Advocates has acquired an unrivalled understanding of the legal and regulatory environment.With every assignment, TN&A Advocates adopts a collaborative approach so that the client is engaged throughout. This ensures that we clearly understand the policy behind proposed reforms and/or interventions (and consequent translation into legislation), appreciate any interests at play, identify relevant stakeholders and allocate appropriate resources to the project. Research, stakeholder consultations and benchmarking are key components of our approach. We nd that our approach assists us to attain project objectives e�ectively and e�ciently. The team also bene ts from the input of its extremely well-regarded Litigation department who provide up-to-date perspectives from the judicial process where relevant.The rm o�ers substantive and exhaustive Legal Audits which yield pragmatic proposals and solutions to an array of clients operating in di�erent sectors.
Consultancy & Legal Advisory Department
With our extensive knowledge of local regulations, we are well-positioned to help clients around the world deal e�ectively and creatively with regulatory and compliance issues. Our clients come to us to understand their responsibilities, manage risk and lessen the impact of complex regulatory regimes on their transactions or day to day operations.
We have extensive experience in banking and �nancial services where we advise on all aspects of regulatory compliance and contentious issues involving the banking, capital markets and investment fund sectors. Our objective is to create sophisticated strategies that safeguard our clients’ assets and reputations and enable them to concentrate on pursuing their business objectives with con�dence.
Regulatory Advice and compliance
With our extensive knowledge of local regulations, we are well-positioned to help clients around the world deal e�ectively and creatively with regulatory and compliance issues. Our clients come to us to understand their responsibilities, manage risk and lessen the impact of complex regulatory regimes on their transactions or day to day operations.
We have extensive experience in banking and �nancial services where we advise on all aspects of regulatory compliance and contentious issues involving the banking, capital markets and investment fund sectors. Our objective is to create sophisticated strategies that safeguard our clients’ assets and reputations and enable them to concentrate on pursuing their business objectives with con�dence.
Regulatory Advice and compliance
TN&A Advocates o�ers individuals and corporations a wealth of experience in addressing complex tax needs. In collaboration with our o�shore partners in Mauritius , Dubai , Cyprus and Canada , Our tax lawyers work closely with other transactional lawyers to develop plans and structures that permit our clients to achieve their business objectives while minimizing the impact of the state taxes.
We are experienced at providing the requisite tax advice to clients in transactions involving investments in projects, mergers, acquisitions, restructurings and �nancings, including asset leasing. We also set up help our clients in setting up o�-shore structures to �t in certain kind of transactions.
Tax Law
Global law litigation
Litigation
We have partnered with experts in Islamic (Shariah) Products and services in Kenya and Mauritius and therefore well equipped to handle both conventional banking transactions as well as Shariah compliant commercial transactions. Islamic �nance being one of the fastest growing �nancial sectors not only in Kenya but globally too .
We combine our technical knowledge of the Kenyan laws in conventional and Islamic �nance transactions with the in depth understanding of our partners in the principles of shariah acquired through deep knowledge on Islamic and shariah law. We have extensive experience in structuring, documenting, negotiating complex transactions and developing innovative shariah- compliant techniques, including in relation to Murabaha, Ijara, Wakala, Istisna, Salam, Mudaraba, Musharaka and other structures including Sukuk. Our knowledge and insight would enable our clients to successfully navigate the complexities surrounding these structures. We have deep relationships with the leading Islamic banks. Speci�c areas of practice within the �rm’s Banking and Finance department include; Advising on �nancial promotion issues to maximize marketing opportunities; Shariah compliant commercial transactions ; Acting for regulators and governments in developing new regulations and/or reviewing existing legal and regulatory frameworks ; Advising on anti-money laundering legislation and related policies and procedures ; Negotiating, dra�ing, preparing and concluding legal charges, mortgages, debentures, guarantees and all types of security documents including conducting due diligence ; Advising corporations, banks, �nancial institutions, state-owned enterprises and government departments on major projects including project �nance. The establishment and restructuring of businesses to comply with the relevant �nancial services regulations; Outsourcing in the �nancial services sector.
Islamic Banking
We have partnered with experts in Islamic (Shariah) Products and services in Kenya and Mauritius and therefore well equipped to handle both conventional banking transactions as well as Shariah compliant commercial transactions. Islamic �nance being one of the fastest growing �nancial sectors not only in Kenya but globally too .
We combine our technical knowledge of the Kenyan laws in conventional and Islamic �nance transactions with the in depth understanding of our partners in the principles of shariah acquired through deep knowledge on Islamic and shariah law. We have extensive experience in structuring, documenting, negotiating complex transactions and developing innovative shariah- compliant techniques, including in relation to Murabaha, Ijara, Wakala, Istisna, Salam, Mudaraba, Musharaka and other structures including Sukuk. Our knowledge and insight would enable our clients to successfully navigate the complexities surrounding these structures. We have deep relationships with the leading Islamic banks. Speci�c areas of practice within the �rm’s Banking and Finance department include; Advising on �nancial promotion issues to maximize marketing opportunities; Shariah compliant commercial transactions ; Acting for regulators and governments in developing new regulations and/or reviewing existing legal and regulatory frameworks ; Advising on anti-money laundering legislation and related policies and procedures ; Negotiating, dra�ing, preparing and concluding legal charges, mortgages, debentures, guarantees and all types of security documents including conducting due diligence ; Advising corporations, banks, �nancial institutions, state-owned enterprises and government departments on major projects including project �nance. The establishment and restructuring of businesses to comply with the relevant �nancial services regulations; Outsourcing in the �nancial services sector.
Islamic Banking
ANT &TOM NDALO& ASSOCIATESADVOCATES,C O M M I S S I O N E R F O R O A T H S
LLP
Nyaku House, 1st Floor, Argwing Kodhek RD, Hurlingham
Watermark Business Park, Ndege RD, Karen-Nairobi
+254733493493 | +254722493493
www.tnaadvocates.com