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Kelvin Mbithi

Associate | Nairobi

Kelvin-Mbithi
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Contact

T: +254 20 503 1600

E: [email protected]

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Overview

Mbithi is a rising star in tax advisory, tax disputes, corporate, and environment, social, governance law. He is a well-rounded advocate with proficiency in various disciplines including the law, and a holistic understanding of client businesses, micro-environment, and industries.

His assistance in navigating complex legal matters has been appreciated by leading multinational companies in the carbon credit, cryptocurrency, beverage, confectionery, betting, property development, manufacturing, and insurance sectors.

He has excellent capacity to envision potential outcomes and his clients trust in his ability to identify and communicate such scenarios that help in long-term planning and strategy. Client testimonials have reported the following when working with Kelvin ‘very helpful’ and ‘this is perfect’.

Experience

Recently Kelvin has provided legal services to:

  • A leading cryptocurrency exchange platform with respect to applicable taxes on the cryptocurrencies traded on the platform and assistance with engagement with the Kenya Revenue Authority.
  • Various private equity firms on the tax implications of the structuring of flow of funds, risk of crystallization of permanent establishment status or residency in Kenya.
  • Various private estate trusts on structuring through incorporation of registered family trusts to hold shares and family land for estate planning purposes.
  • Hummingbirds AssetCo Blue Carbon (Hummingbirds) in the proposed investment by Hummingbirds in the Papariko Project, a mangrove restoration carbon project spread across 3 different counties in the Kenyan coast. Hummingbird’s investment would be a pre-purchase of carbon credits to be generated by the Papariko Project. He also advised Vlinder, the project proponent on the transaction.
  • Cella Storage, the first carbon storage company in East Africa that injects captured atmospheric CO2 into volcanic rocks, where mineralization permanently locks it underground.

AREA OF EXPERTISE

Tax

Qualifications

Education

  • Master of Laws (LLM), University of Nairobi (Ongoing)
  • Postgraduate Diploma in Law (PGDiL), Kenya School of Law
  • Bachelor of Laws (LLB), University of Nairobi

Professional memberships

  • Nairobi Climate Network
  • Law Society of Kenya
  • Law Society of Kenya, Nairobi Branch

INSIGHTS

Kenya: Court of Appeal declares the entire Finance Act, 2023, unconstitutional Kenya: New rules on obtaining income tax exemption certificates and allowability of donations Kenya: The Affordable Housing Act, 2024 Kenya: The Draft Income Tax (Donation and Charitable Organisation Exemption) Rules, 2023 Kenya: The Draft Tax Procedures (Electronic Tax Invoice) Regulations, 2023 Kenya: Development of Carbon Project and Trading Legal Framework: Enactment of the Climate Change (Amendment) Act, 2023 Kenya: Proposed Public Procurement Capacity Building Levy Order Kenya: Proposed changes to compliance requirements for companies and limited liability partnerships Kenya: Revised Climate Change (Amendment) Bill introduced to Parliament Kenya: Revised Climate Change (Amendment) Bill advances the carbon trading agenda Kenya: The question of legality on the revocation of carbon credit agreements Kenya: Office of the Data Protection Commissioner guidelines on using alternative dispute resolution to resolve data protection disputes

Overview

Mbithi is a rising star in tax advisory, tax disputes, corporate, and environment, social, governance law. He is a well-rounded advocate with proficiency in various disciplines including the law, and a holistic understanding of client businesses, micro-environment, and industries.

His assistance in navigating complex legal matters has been appreciated by leading multinational companies in the carbon credit, cryptocurrency, beverage, confectionery, betting, property development, manufacturing, and insurance sectors.

He has excellent capacity to envision potential outcomes and his clients trust in his ability to identify and communicate such scenarios that help in long-term planning and strategy. Client testimonials have reported the following when working with Kelvin ‘very helpful’ and ‘this is perfect’.

Experience

Recently Kelvin has provided legal services to:

  • A leading cryptocurrency exchange platform with respect to applicable taxes on the cryptocurrencies traded on the platform and assistance with engagement with the Kenya Revenue Authority.
  • Various private equity firms on the tax implications of the structuring of flow of funds, risk of crystallization of permanent establishment status or residency in Kenya.
  • Various private estate trusts on structuring through incorporation of registered family trusts to hold shares and family land for estate planning purposes.
  • Hummingbirds AssetCo Blue Carbon (Hummingbirds) in the proposed investment by Hummingbirds in the Papariko Project, a mangrove restoration carbon project spread across 3 different counties in the Kenyan coast. Hummingbird’s investment would be a pre-purchase of carbon credits to be generated by the Papariko Project. He also advised Vlinder, the project proponent on the transaction.
  • Cella Storage, the first carbon storage company in East Africa that injects captured atmospheric CO2 into volcanic rocks, where mineralization permanently locks it underground.

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