Frequently Asked Questions
Contact the office to arrange an appointment. At the first meeting you describe the matter and we tell you where you stand and what the process involves. If you decide to proceed, we agree the scope and fee basis in writing before work begins.
For certain categories of work \u2014 conveyancing and securities documentation among them \u2014 advocates' fees are governed by the Advocates Remuneration Order, which sets the applicable scale, and an advocate cannot charge below it. For advisory and transactional work outside the Order, fees are agreed in advance as a fixed fee, an hourly rate, or a capped estimate.
Yes, where a business needs recurring advisory support rather than one-off instructions. Scope and monthly fee are agreed in writing in advance.
Yes. We are often instructed on a defined workstream within a larger transaction, or as Kenyan counsel alongside a firm in another jurisdiction. We are equally comfortable leading or supporting.
Communications between an advocate and client for the purpose of legal advice are privileged. That said, please do not send commercially sensitive material through the website enquiry form before we have confirmed we can act and completed a conflict check \u2014 until then, no advocate-client relationship exists.
Whatever documents relate to the matter — contracts, correspondence, company records, or a term sheet if there is one. If you are not sure what is relevant, come as you are; we will tell you what we need once we understand the matter.
For most matters we invoice on agreed milestones or monthly, not upfront. Where a matter involves significant early-stage work — a complex due diligence exercise, for example — we may ask for a deposit against fees, which we will agree with you in advance.
Usually within a few days of the initial meeting, once the conflict check is clear and the engagement letter is signed. Urgent matters — a completion deadline or a regulatory filing — can move faster; tell us the timeline at the outset.
We say so. Where a matter needs tax advice, litigation, or a specialism outside corporate and commercial law, we will tell you plainly and help you find the right people, rather than take on work outside what we do well.
Yes. Once we understand the scope of the matter we will give you a fixed fee, an hourly rate, or a capped estimate in writing before any chargeable work begins.
Generally no. Where both parties would be our clients a conflict arises, and we would ordinarily act for one and ask the other to take separate advice. We run a conflict check before accepting any instruction, which is why we ask for counterparty names early.
A review of the target's corporate records, material contracts, employment arrangements, property interests, intellectual property, litigation and regulatory standing \u2014 reported back as a schedule of findings and the risks that should be addressed in the sale documentation or priced into the deal.
It depends on the structure of the transaction and on the parties\u2019 turnover and assets. Some transactions require full notification, some qualify for exclusion, and some fall outside the regime entirely. Assess this early \u2014 completing a notifiable transaction without clearance carries consequences.
It runs through search, filing, examination, and a publication period during which third parties may oppose. The timeline depends on whether an objection is raised, so it is not something any advocate can promise in advance. We will give you a realistic view once the search is done.
Yes. We act for businesses across Kenya and for clients elsewhere in East Africa with Kenyan interests. Most transactional work is conducted remotely; where a matter requires attendance at a registry or regulator, we will tell you at the outset.
A private limited company has shareholders and share capital, and is the standard vehicle for a trading business. A company limited by guarantee has members instead of shareholders and no share capital, and is typically used for non-profit or membership organisations. The choice affects ownership, funding, and governance from the outset.
Yes, if anything. A shareholders’ agreement is most useful precisely when there are few enough shareholders to disagree without a clear mechanism for resolving it — deadlock, exit, and what happens if one of you wants to leave or bring in an investor.
It depends on the asset and the facility. Land is secured by a charge, movable assets and receivables by a debenture, and shares by a share charge. Whatever the instrument, the security is only as good as its registration, so perfecting it correctly and promptly matters as much as drafting it.
Stamp duty is charged on the transaction value or the property's market value, whichever is higher, at rates set under the Stamp Duty Act, and is normally paid by the buyer. The rate depends on whether the property is agricultural or within a municipality, among other factors, so it should be assessed before the parties agree a completion budget.
The right response depends on the contract's own terms and what the breach actually is — the remedies clause, any notice-and-cure period, and whether the agreement allows termination or only damages. We would review the contract and the facts before advising on the options, rather than assume litigation is the only route.
