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    Antony Oyugi

    Antony Oyugi

    lawyer

    Nairobi, Kenya

    A. THE FIRM • Antony Oyugi & Associates Advocates is a law firm established by Antony Oyugi. • The firm is a law firm speciaสizing in corporate and commercial law....Read moreA. THE FIRM

    • Antony Oyugi & Associates Advocates is a law firm established by Antony Oyugi.

    • The firm is a law firm speciaสizing in corporate and commercial law. In the provision of its services, the firm is guided by the principle of providing the legal answer and rendering legal advice with a business approach.

    • The firm has a sound and fast growing client base and represents a wide variety of interests • ranging from business enterprises, individuals and non-governmental organisations.

    • The firm has close working relationships with a number of international legal consultants. The firm has also developed close working relationships with persons from other areas of expertise including architects, auditors, engineers and other experts. These consultants form a “resource base” from which the firm obtains valuable advice on matters including legal practice and matters complimenting legal practice.

    THE LAWYERS

    • Antony Otieno Oyugi

    Antony Otieno Oyugi is the proprietor of the firm. He is a graduate of the University of Nairobi and holds a Bachelor of Laws (Honours) degree. Mr. Oyugi began his legal practice with Mboya & Wangong’u Advocates in 2004 where he worked for four years rising to the position of an Associate. He later on worked for Kimani Kairu & Company Advocates as an Associate before setting up Antony Oyugi & Associates Advocates.

    Mr. Oyugi has advised clients (both local and international) on various matters in Commercial Law. He has specialized in the following areas • non-governmental organizations and trusts, commercial contracts, employment contracts, incorporation of companies and shareholder agreements. He also has proficiency in the area of Corporate Financing - mergers & acquisitions, private placements and initial public offers of private and listed companies and Project Financing in medium to large companies.

    Mr. Oyugi has also advised clients on and overseen Property Conveyancing transactions including sales, leases, mortgages, and charges. He has also wide experience in security documentation including charges, mortgages, debentures and other lending instruments.

    Mr. Oyugi has also had the opportunity to represent clients in dispute resolution including court litigation (both the High Court and the Court of Appeal). He has also represented clients at such tribunals as the Public Procurement Appeals Tribunal and the Business Premises Rent Tribunal.


    SCOPE OF SERVICES

    • agency, distribution and franchising
    • antitrust
    • banking and banking documents
    • bankruptcy and insolvency (corporate)
    • building and engineering contracts
    • businesses:
    • start-up
    • financing
    • standard terms
    • premises
    • employees
    • incorporation
    • sale
    • civil aviation:
    • aircraft leasing and financing
    • aviation insurance
    • civil aviation law
    • companies:
    • incorporation and legal formalities
    • shareholders’ agreements
    • commercial considerations
    • management and administration
    • shares and share capital
    • borrowing and debentures
    • share sale agreements
    • acquisitions
    • reconstructions, amalgamations (mergers) and de-mergers
    • management buy-outs
    • winding up and liquidation
    • conveyancing
    • sale and transfer of land
    • landlord and tenant
    • security over land • corporate finance:
    • private placements of equity and debt securities
    • primary and secondary public issues of equity and debt securities
    • privatisations
    • loans, bonds and securities regulation
    • title finance, derivatives, factoring and securitisations, set-off and netting
    • inward investment
    • project finance, subordinated loans and state loans
    • financial services and investment banking support
    • forward funding agreements
    • corporate taxation:
    • corporation tax
    • resident/non-resident withholding tax
    • assessment, collection and recovery
    • exemptions/double taxation relief
    • appeals
    • value added tax
    • choses in action/negotiable instruments
    • consumer credit
    • contract
    • employment
    • industrial and provident societies
    • infrastructure development
    • joint ventures
    • insurance and reinsurance
    • intellectual property
    • patents
    • confidence
    • copyright and designs
    • trade marks and names
    • software
    • international trade
    • equipment leasing
    • mortgages and charges
    • partnership
    • retirement benefit schemes
    • regulatory compliance
    • sale of goods
    • telecommunications





    Area Covered: nairobi kenya
    Work Experience Summary: B. SELECTED EXPERIENCE

    Capital Markets and Unit Trusts

    Advised Bora Real Estate Investment Trust on the setting up of a real estate investment vehicle. It is projected that the investment will be worth above KShs. 700 million.

    Advised Suntra Investment Bank Limited on the setting up of the Suntra Unit Trust Scheme. Specifically drafted the Trust Deed and Rules of the Scheme, reviewed the Fund Management Agreement and the Custody Agreement and the Service Level Agreement between the Fund Sponsor and the Trustee

    Advised Alliance Capital Partners Limited on the setting up of a KShs. 600 million Premier Property Fund (the first of its kind in East Africa). Specifically formulated the structure (corporate) of the fund and drafted the core documentation in accordance with the structure. The documents included the Partnership Deed, the Custody Agreement, the Subscription Agreement and the Fund Management Agreement.

    Contracts Law

    Played a pivotal role in the drafting of the Concession Agreement between the Municipal Council of Mombasa and Kenya Airports Parking Services Limited for the provision of parking management services within Mombasa Municipality. Specific tasks included outlining the legal framework on local authorities particularly the regulation of private-public partnerships between local authorities and private entities. Also drafted the Shareholders Agreement regarding the relationship.

    Played a pivotal role in the drafting of the Concession Agreement between the Kenya Airport Authority and Kenya Airport Parking Services Limited for the provision of parking management services within the Jomo Kenyatta International Airport and Moi International Airport Mombasa.

    Drafted an Agency Agreement between HIGTEK International Limited and Navisat Telematics (K) Limited for the provision of electronic cargo monitoring services to the Kenya Revenue Authority.

    Drafted an Equipment Lease Agreement between HIGTEK International Limited and the Kenya Revenue Authority for the leasing of electronic cargo monitoring equipment.

    Drafted a Contract Farming Agreement on the farming and marketing of the grain Amaranth. Also drafted the Share Purchase Agreement between the sponsor of the project and prospective investors

    Mergers and Acquisitions

    Played a pivotal role in the acquisition of City Finance Bank Limited by Baraka Africa Fund. Specific assignments include drafting the Share Purchase Agreement and the Shareholders Agreement. Also carrying out the Due Dilligence exercise on the bank.

    Advised AAR Health Services Limited on the intended acquisition of Monarch Assurance Company Limited. Tasks included carrying out a due diligence exercise on the target company.

    Communications Law

    Was retained as legal counsel by Afripayments (Kenya) Limited- an electronic funds services provider. Specific tasks include contracts review, advising on telecommunications, anti money laundering practice and general corporate and commercial law.

    Was retained as legal counsel by Mtech Limited-a telecommunications services provider. Specific tasks include contracts review, advising on telecommunications and general corporate and commercial law.

    Drafted a Content Provider Agreement between Safaricom Limited and One World Kenya Limited for the provision of Value Added Services and Premium Rate Services.

    Advised on the setting up of a regional fibre optics cable network. Included a recommendation on the most viable legal structure including the shareholding of the investing partners.


    Intellectual Property Law

    Facilitated the registration of several trademarks, copyrights and patents. These involve marks, copyrights and patents related to the telecommunications, transport and health insurance services industries. Clients include Afripayments LLC, Mtech Limited and AAR Health Services Limited.

    Property Law

    Drafted Leases and Tenancy Agreements between Kims Holdings Limited and its several tenants. Also registered the same.

    Advised Graceline Villas Limited on the sale of residential property in Runda Estate. Also advising the client on obtaining financing and the related documentation on the same.

    Advised Trans Century Limited on the setting up of a multi-million shilling shopping mall. Tasks included the rendering of the legal opinion and advising on a commercially-sound legal structure. Also advising on the purchase of the property on which the mall will be constructed.

    Energy and Mining Law

    Advised a client on the regulation of the oil industry in Kenya with special emphasis on oil exploration

    Drafted a gypsum mining lease between New Astra Ranch Limited and Kenjoro Enterprises Limited

    Civil Litigation

    Successfully represented ABB Sweden at the Public Procurements Appeals Tribunal on an appeal lodged by Areva International on the award of the tender by the Kenya Power & Lighting Company Limited to ABB Sweden for the provision of power distribution services.

    Successfully represented a client at the Court of Appeal on a longstanding matter involving a compensation claim of KShs. 10,000,000/-.

    Successfully represented HIGTEK International Limited at the Public Procurements Appeals Tribunal on an appeal lodged by Lockhart International on the award of the tender by the Kenya Revenue Authority to HIGTEK for the provision of electronic cargo monitoring services

    Presently representing several insurance companies in litigation matters ranging from workman’s compensation to material damage claims.

    Non-Governmental Organizations



    Subcontracted by PriceWarehouseCoopers to advise the Government of Kenya and the European Commission in the setting up of a National Drought Contingency Fund. Tasks involved included advising on structuring, drafting the Trust Deed, Cabinet Memorandum and the attendant Legal Notice.

    Retained as legal counsel by the Regional Organisation on Resource Based Conflicts. Advises on regulatory matters, labour, contracts, property law, e.t.c.


    Advised Intra-Health International on the review of its legal structure including the redrafting of its constitution and ensuring conformity with the requirements of the NGO Co-ordination Act.

    Advised on the registration of the Nairobi Women’s Hospital Foundation.

    Presently retained as legal counsel for Mama Maria International (an international organization engaged in the promotion and provision of health care to the rural poor in Africa).

    Was retained as legal counsel for Kageno Kenya (an organization engaged in the promotion and provision of education services and the enhancement of income-generation to the rural poor).




    Education Summary: bachelor of laws (LLB)-University of Nairobi
    diploma in laws-kenya school of law
    Advocate of the High Court of Kenya

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