Mercy Kirui

Email:MChemutai@kapstrat.com
Position: Senior Associate
Practice Area:  Business Establishment | Forensics and Due Diligence | Joint Ventures, Mergers & Acquisitions | Capital Markets | Computer, Electronic Payments & Communication Contracts

Mercy is a senior associate in the Corporate Commercial department. She advises clients on various corporate and commercial matters including the establishment of business entities, regulatory compliance in the telecommunications, capital markets, mining, banking and insurance sectors, drafting and reviewing commercial agreements, advising and preparing documentation for mergers, joint ventures and acquisitions and conducting legal due diligence.

She has experience dealing with market regulators in Kenya including the Competition Authority of Kenya, Kenya Bureau of Standards, Central Bank of Kenya, National Construction Authority, Pharmacy and Poisons Boar and the Communication Authority of Kenya among others.

Her client portfolio comprises primarily of local and international corporate clients and foreign investors carrying out business in or looking to establish a business presence in Kenya.

• Advocate – High court of Kenya

• English
• Swahili

• Part of the team that advised American Tower Corporation in its acquisition of Eaton Towers Holdings Limited.
• Advised HID Global Corporation, an ASSA ABLOY Group company, in its indirect acquisition of De La Rue Kenya Limited.
• Advised Engie Afrique SAS in its direct acquisition of the issued share capital of Mobisol Kenya Limited, a company incorporated in Kenya involved in the distribution and development of off-grid solar systems.
• Advised A.P. Moller Capital in the acquisition of Iberafrica Power (EA) Ltd, a Nairobi- based independent power producer.
• Advised a leading global e-commerce company on the applicable laws relating to the import of food consumables into Kenya.
• Carried out a compliance audit on a Kenyan manufacturing company and populated a regulatory matrix in line with its compliance requirements.
• Conducted a competition law compliance audit on a Kenyan manufacturing company and its subsidiary.
• Conducted legal due diligence on Kenyan companies in relation to various commercial transactions.
• Advised various companies on merger filing – Competition Authority of Kenya and the COMESA Competition Commission.
• Reviewing various commercial agreements and policies to ensure legal compliance.
• Advising clients on setting up operations within Kenya and handling all required post-set up registrations.
• Advising various international clients on regulatory compliance in Kenya.