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Mutugi Mutegi

Senior Associate | Nairobi

Mutugi-Mutegi

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Contact

T: +254 20 503 1705

Overview

Mutugi specialises in advising clients on regulatory compliance across various financial sectors in Kenya. This includes advising on capital markets and securities law, insurance regulatory law, mergers and acquisitions and regulatory compliance.

Mutugi is also a member of the competition advisory and has been involved in advising on a wide range of clients on merger filings, restrictive trade practices and competition compliance.

Experience

Capital Markets and Financial Regulatory

  • Advised British International Investment on its KES 8 billion sale of its shareholding in I&M Group Plc, and compliance with local capital markets regulations, being only the second transaction executed on the new block trade board on the Nairobi Securities Exchange.
  • Advising various Tier 1 and Tier 2 Kenyan banks on the implementation of the DhowCSD platform by the Central Bank of Kenya and its implications on collateralisation of treasuries.
  • Advising various global and local banks on the legality and enforceability of contracts entered into with Kenyan counterparts under the GMRA and ISDA standard agreements.
  • Part of the cross-border legal team acting for Allianz S.E. in its proposed joint venture with Sanlam Limited to create Africa’s largest insurance conglomerate, with a focus on insurance and capital markets regulatory elements.
  • Providing regulatory risk assessment and mitigation to a Kenyan listed company with respect to compliance with Kenyan capital markets law in respect of a regulatory investigation.
  • Acting for CVC Global Partners with respect to their acquisition of the Kenyan tea assets of Unilever International Holdings B.V., which includes compliance with local capital markets law.
  • Acting for Allianz Insurance Company of Kenya Limited in its transfer and amalgamation of business with Jubilee Health Insurance Limited and Jubilee Allianz General Insurance (K) Limited.

Competition

  • Defending various steel manufacturers in cartel investigations by the Competition Authority of Kenya (CAK).
  • Representing a leading transportation solutions platform with respect to the Online Food and Groceries Delivery Platform Market Inquiry.
  • Advising various airlines, both Kenyan and international, in obtaining competition regulatory approval in Kenya and COMESA in respect of their proposed airline alliances.
  • Advising various entities with respect to the Animal Feeds Market Inquiry by the CAK.
  • Advising a leading bread manufacturer and a maize miller in successfully responding to investigations by the Competition Authority of Kenya regarding product packaging and compliance with applicable consumer protection standards.
  • Advising a leading global oil and logistics conglomerate in the establishment of a joint venture in Kenya and the arising competition regulation concerns.
  • Advising a global internet services company on arising competition regulation concerns in Kenya with respect to the construction and operationalisation of a subsea internet cable.
  • *Experience gained prior to joining Bowmans
  • Advising a development finance institution and an East African power generator on the structuring of the first issuance of asset-backed securities in Kenya worth over USD 600 million based on receivables from the latter’s hydroelectric and geothermal energy plants.
  • Serving as project manager for the transaction lead and advising the Kenya Airports Authority on competition and ICT concerns arising from the first-ever proposed airport concession in Kenya. The project was being implemented as a privately initiated investment proposal – PIIP (a form of PPP under the Public Private Partnerships Act 2013)
  • Advising a telecommunications operator regarding various competition-related measures arising from regulatory investigations into the telecommunications sector by the Communications Authority of Kenya.
  • Advising a Kenyan FMCG company on successfully initiating and prosecuting a restrictive trade practice claim against a competitor.
  • Advising a leading cement manufacturer on the sale and lease of certain assets valued at KES 90 million to a strategic investor and engagement with the Competition Authority of Kenya.
  • Advising a leading entertainment services provider on its listing on the Nairobi Securities Exchange and regulatory compliance prior to listing.
  • Advised the ICT Authority on the drafting of legal agreements for its commercialisation of the largest fibre-optic cable network in Kenya, the National Optical Fibre Infrastructure (NOFBI) network.
  • Leading the drafting of the Street Vendors (Protection of Livelihood) Bill, 2019 for consideration before the Kenyan Senate. The Bill seeks to provide a national framework for the recognition, licensing and regulation of street vendors and other itinerant traders.

Awards

  • Nairobi Legal Awards shortlisted Mutugi as Young Lawyer of the Year (2022)
  • Africa Legal Awards 2020: Finalist in the Private Practice Most Promising Newcomer Award (2020)
  • Nairobi Legal Awards: Finalist in Lawyer of the Year Award (2020)

AREA OF EXPERTISE

Qualifications

Education

  • LLM in Mercantile Law (Distinction) from the University of Pretoria.
  • LLB from Kenyatta University.
  • Post-graduate diploma from the Kenya School of Law.
  • Member of the Law Society of Kenya (LSK) and the Institute of Certified Secretaries (ICS).

Professional Memberships

  • Law Society of Kenya (LSK)
  • Institute of Certified Secretaries (ICS)

INSIGHTS

Overview

Mutugi specialises in advising clients on regulatory compliance across various financial sectors in Kenya. This includes advising on capital markets and securities law, insurance regulatory law, mergers and acquisitions and regulatory compliance.

Mutugi is also a member of the competition advisory and has been involved in advising on a wide range of clients on merger filings, restrictive trade practices and competition compliance.

Experience

Capital Markets and Financial Regulatory

  • Advised British International Investment on its KES 8 billion sale of its shareholding in I&M Group Plc, and compliance with local capital markets regulations, being only the second transaction executed on the new block trade board on the Nairobi Securities Exchange.
  • Advising various Tier 1 and Tier 2 Kenyan banks on the implementation of the DhowCSD platform by the Central Bank of Kenya and its implications on collateralisation of treasuries.
  • Advising various global and local banks on the legality and enforceability of contracts entered into with Kenyan counterparts under the GMRA and ISDA standard agreements.
  • Part of the cross-border legal team acting for Allianz S.E. in its proposed joint venture with Sanlam Limited to create Africa’s largest insurance conglomerate, with a focus on insurance and capital markets regulatory elements.
  • Providing regulatory risk assessment and mitigation to a Kenyan listed company with respect to compliance with Kenyan capital markets law in respect of a regulatory investigation.
  • Acting for CVC Global Partners with respect to their acquisition of the Kenyan tea assets of Unilever International Holdings B.V., which includes compliance with local capital markets law.
  • Acting for Allianz Insurance Company of Kenya Limited in its transfer and amalgamation of business with Jubilee Health Insurance Limited and Jubilee Allianz General Insurance (K) Limited.

Competition

  • Defending various steel manufacturers in cartel investigations by the Competition Authority of Kenya (CAK).
  • Representing a leading transportation solutions platform with respect to the Online Food and Groceries Delivery Platform Market Inquiry.
  • Advising various airlines, both Kenyan and international, in obtaining competition regulatory approval in Kenya and COMESA in respect of their proposed airline alliances.
  • Advising various entities with respect to the Animal Feeds Market Inquiry by the CAK.
  • Advising a leading bread manufacturer and a maize miller in successfully responding to investigations by the Competition Authority of Kenya regarding product packaging and compliance with applicable consumer protection standards.
  • Advising a leading global oil and logistics conglomerate in the establishment of a joint venture in Kenya and the arising competition regulation concerns.
  • Advising a global internet services company on arising competition regulation concerns in Kenya with respect to the construction and operationalisation of a subsea internet cable.
  • *Experience gained prior to joining Bowmans
  • Advising a development finance institution and an East African power generator on the structuring of the first issuance of asset-backed securities in Kenya worth over USD 600 million based on receivables from the latter’s hydroelectric and geothermal energy plants.
  • Serving as project manager for the transaction lead and advising the Kenya Airports Authority on competition and ICT concerns arising from the first-ever proposed airport concession in Kenya. The project was being implemented as a privately initiated investment proposal – PIIP (a form of PPP under the Public Private Partnerships Act 2013)
  • Advising a telecommunications operator regarding various competition-related measures arising from regulatory investigations into the telecommunications sector by the Communications Authority of Kenya.
  • Advising a Kenyan FMCG company on successfully initiating and prosecuting a restrictive trade practice claim against a competitor.
  • Advising a leading cement manufacturer on the sale and lease of certain assets valued at KES 90 million to a strategic investor and engagement with the Competition Authority of Kenya.
  • Advising a leading entertainment services provider on its listing on the Nairobi Securities Exchange and regulatory compliance prior to listing.
  • Advised the ICT Authority on the drafting of legal agreements for its commercialisation of the largest fibre-optic cable network in Kenya, the National Optical Fibre Infrastructure (NOFBI) network.
  • Leading the drafting of the Street Vendors (Protection of Livelihood) Bill, 2019 for consideration before the Kenyan Senate. The Bill seeks to provide a national framework for the recognition, licensing and regulation of street vendors and other itinerant traders.

Awards

  • Nairobi Legal Awards shortlisted Mutugi as Young Lawyer of the Year (2022)
  • Africa Legal Awards 2020: Finalist in the Private Practice Most Promising Newcomer Award (2020)
  • Nairobi Legal Awards: Finalist in Lawyer of the Year Award (2020)

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