Arnold Mutisya
Senior Associate | Nairobi
Contact
T: +254 20 503 1600
Overview
Arnold Mutisya is a senior associate in our Nairobi office and a member of the Corporate Commercial Department.
He specialises in corporate and commercial law work involving M&A transactions, corporate restructuring and corporate and commercial advisory work. Arnold has transactional experience and has acted in many high-profile Kenyan and international M&A and corporate restructuring transactions as well as complex corporate and commercial advisory work and is regularly responsible for:
- lead legal support for early-stage equity, quasi-debt, and other investment transactions;
- undertaking due diligence exercises in many high-profile Kenyan and international merger transactions, joint venture transactions and private equity transactions;
- drafting and negotiating of transaction documents (e.g., share purchase agreements, business and assets transfer agreements, shareholders’ agreements, joint venture agreements etc.) for many high-profile Kenyan and international transactions;
- guiding clients through the entire investment lifecycle, including structuring deals, drafting term sheets, conducting due diligence, negotiating documentation, and managing closing processes;
- advice on corporate governance matters, ensuring compliance with relevant regulations across multiple jurisdictions;
- project management of transactions and seeing them through to completion;
- providing regulatory and structuring advice for investors seeking to set up in Kenya, particularly in respect of regulated sectors such as the telecommunications, banking, pharmaceuticals and insurance sectors and assisting such investors to set up in Kenya and to procure the requisite licences; and
- general advisory on corporate commercial matters and other related legal matters.
Arnold is involved in advising charities and non-profit organisations on establishing and maintaining effective governance structures. He also has extensive experience in estate planning and private client work offering expertise on wills, trusts, asset protection and tax planning strategies.
Experience
Jurisdictions worked in: Kenya and South Africa
Languages Fluent in: English and Kiswahili
Arnold has advised:
- Naivas Limited and its shareholders in relation to a private equity investment by Amethis, a French, private equity fund.
- Montfort Holdings in relation to its acquisition of Kencor Petroleum Limited.
- East African Breweries PLC (EABL) in relation to their tender offer to purchase up to 2,177,995 ordinary shares in Uganda Breweries Limited.
- A leading public listed company to issue a corporate bond in the Domestic Medium-Term Note (MTN) Programme.
- On the establishment of entities in Kenya and subsequent support for clients in different sectors including the telecommunications sectors, banking sectors as well as charitable entities looking to set up in Kenya.
- Various clients in other high-profile Kenyan and international merger transactions, joint venture transactions and private equity transactions.
- Private clients including estate planning.
Not for Profits and Charities
- Africa Public Health Laboratories in relation to setting up of their Kenyan Non-Governmental Organisation. We provided our legal advice in relation to the options available for registration and provided subsequent support in the actual setting up as a Non-Governmental Organisation to the Association of.
- Stanbic Kenya Foundation Limited in relation to: (i) the options available for the registration; (ii) the tax, financial, employment, reporting, and compliance obligations of each option; and (iii) the possibility and requirements of obtaining tax exemptions. We then proceeded to provide our legal services in relation to the actual setting up of the entity as a company limited by guarantee.
- Nairobi Shrimad Rajchandra Mission on: (i) the options available for the registration; (ii) the tax, financial, employment, reporting, and compliance obligations of each option; and (iii) the possibility and requirements of obtaining tax exemptions. We then proceeded to provide our legal services in relation to the actual setting up of the entity as a registered trust.
- Africa Public Health Foundation on: (i) the options available for the registration; (ii) the tax, financial, employment, reporting, and compliance obligations of each option; and (iii) the possibility and requirements of obtaining tax exemptions. We then proceeded to provide our legal services in relation to the actual setting up of the entity as a company limited by guarantee.
- Hebrew Immigrant Aid Society (HIAS KENYA) in relation to setting up of their Kenyan Non-Governmental Organisation. We provided our legal advice in relation to the options available for registration and provided subsequent support in the actual setting up as a Non-Governmental Organisation.
AREA OF EXPERTISE
Qualifications
Education
- Bachelor of Laws (Hons) degree, University of Nairobi
- Post-graduate Diploma in Law, Kenya School of Law
- Certified Public Accountant (CPA section 1-6), Strathmore University, School of Accountancy
Professional Memberships
- Law Society of Kenya
- Institute of Certified Secretaries of Kenya (ICS)
INSIGHTS
Kenya: Transition to the Social Health Insurance Fund (SHIF)
Kenya: The Public Benefit Organisations Act now operational
Kenya: Proposed changes to compliance requirements for companies and limited liability partnerships
Kenya: A snapshot of family trusts
Kenya: Advising a confidential client on the launch of its satellite services in Kenya
Kenya: Local directorship – Not a legal requirement but a practical conundrum for people setting up companies
Impact Investing in Kenya, Mauritius and South Africa
Overview
Arnold Mutisya is a senior associate in our Nairobi office and a member of the Corporate Commercial Department.
He specialises in corporate and commercial law work involving M&A transactions, corporate restructuring and corporate and commercial advisory work. Arnold has transactional experience and has acted in many high-profile Kenyan and international M&A and corporate restructuring transactions as well as complex corporate and commercial advisory work and is regularly responsible for:
- lead legal support for early-stage equity, quasi-debt, and other investment transactions;
- undertaking due diligence exercises in many high-profile Kenyan and international merger transactions, joint venture transactions and private equity transactions;
- drafting and negotiating of transaction documents (e.g., share purchase agreements, business and assets transfer agreements, shareholders’ agreements, joint venture agreements etc.) for many high-profile Kenyan and international transactions;
- guiding clients through the entire investment lifecycle, including structuring deals, drafting term sheets, conducting due diligence, negotiating documentation, and managing closing processes;
- advice on corporate governance matters, ensuring compliance with relevant regulations across multiple jurisdictions;
- project management of transactions and seeing them through to completion;
- providing regulatory and structuring advice for investors seeking to set up in Kenya, particularly in respect of regulated sectors such as the telecommunications, banking, pharmaceuticals and insurance sectors and assisting such investors to set up in Kenya and to procure the requisite licences; and
- general advisory on corporate commercial matters and other related legal matters.
Arnold is involved in advising charities and non-profit organisations on establishing and maintaining effective governance structures. He also has extensive experience in estate planning and private client work offering expertise on wills, trusts, asset protection and tax planning strategies.
Experience
Jurisdictions worked in: Kenya and South Africa
Languages Fluent in: English and Kiswahili
Arnold has advised:
- Naivas Limited and its shareholders in relation to a private equity investment by Amethis, a French, private equity fund.
- Montfort Holdings in relation to its acquisition of Kencor Petroleum Limited.
- East African Breweries PLC (EABL) in relation to their tender offer to purchase up to 2,177,995 ordinary shares in Uganda Breweries Limited.
- A leading public listed company to issue a corporate bond in the Domestic Medium-Term Note (MTN) Programme.
- On the establishment of entities in Kenya and subsequent support for clients in different sectors including the telecommunications sectors, banking sectors as well as charitable entities looking to set up in Kenya.
- Various clients in other high-profile Kenyan and international merger transactions, joint venture transactions and private equity transactions.
- Private clients including estate planning.
Not for Profits and Charities
- Africa Public Health Laboratories in relation to setting up of their Kenyan Non-Governmental Organisation. We provided our legal advice in relation to the options available for registration and provided subsequent support in the actual setting up as a Non-Governmental Organisation to the Association of.
- Stanbic Kenya Foundation Limited in relation to: (i) the options available for the registration; (ii) the tax, financial, employment, reporting, and compliance obligations of each option; and (iii) the possibility and requirements of obtaining tax exemptions. We then proceeded to provide our legal services in relation to the actual setting up of the entity as a company limited by guarantee.
- Nairobi Shrimad Rajchandra Mission on: (i) the options available for the registration; (ii) the tax, financial, employment, reporting, and compliance obligations of each option; and (iii) the possibility and requirements of obtaining tax exemptions. We then proceeded to provide our legal services in relation to the actual setting up of the entity as a registered trust.
- Africa Public Health Foundation on: (i) the options available for the registration; (ii) the tax, financial, employment, reporting, and compliance obligations of each option; and (iii) the possibility and requirements of obtaining tax exemptions. We then proceeded to provide our legal services in relation to the actual setting up of the entity as a company limited by guarantee.
- Hebrew Immigrant Aid Society (HIAS KENYA) in relation to setting up of their Kenyan Non-Governmental Organisation. We provided our legal advice in relation to the options available for registration and provided subsequent support in the actual setting up as a Non-Governmental Organisation.
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