Mohammed Nyaoga

Senior Partner

Email: mnyaoga@mohammedmuigai.com

Overview

Mr. Mohammed Nyaoga is the Senior Partner at Mohammed Muigai Advocates. He was called to the Bar in 1985. He holds LLB and LLM degrees from the University of Nairobi and Diploma in law from the Kenya School of Law. He is a Certified Public Secretary (CPS); a Certified Company Director and a member of the Institute of Directors of Kenya.

He specializes in corporate finance, civil and commercial litigation. In addition to the practice of Law, he has been Vice–Chairman of the Law Reform Commission, Chairman of its Business Laws Committee and Chairman of the Mining Licences Task Force. He has also been a Director of Capital Markets Authority, Chairman of International Commission of Jurist and Chairman of EcoBank Kenya. He has also been Chairman at the Commission of Inquiry into the suspension of the County Government of Makueni.

Mr. Nyaoga is currently the Chairman of the Board of Directors of Central Bank of Kenya. In addition he is a certified training consultant in corporate governance with the Centre for Corporate Governance for over 13 years where he has trained over 10,000 directors in Kenya and in Africa at large. He has also been a consultant and Trainer for State University of New York on procurement (SUNNY Kenya) and a Lecturer (LLM Programme) University of Nairobi, School of Law (Business Law Department) on Public Procurement and accounting law.

Practice areas

Commercial and Civil Litigation in the areas of Constitutional and Administrative Law, Information and Communications Technology Law, Insurance and Banking Law, Investments Law and Public Procurement Law. He has also been a legal advisor in Mergers and Acquisitions and Corporate Governance.

Highlight of notable matters

  • Represented one of the Respondents in the presidential election dispute in the Supreme Court arising from the 2013 general elections.
  • Represented the Applicant in the first ever application in the Supreme Court of Kenya for certification of an appeal on a matter of general public importance under Article 164(4) (b) of the Constitution.
  • Facilitated a merger between Southern Credit Banking Corporation Ltd and Equatorial Commercial Bank Kenya Ltd.
  • Advised a leading local educational Institution in a Private Placement Scheme as it sought to raise funds by way of equity for the development of Inoreero University.
  • Team Leader and Legal Adviser in the review of the report on Unclaimed Financial Assets and reviewing the Unclaimed Assets Bill, drafted by the Task Force, on behalf of the Institute of Certified Public Secretaries of Kenya (ICPSK). Advised on the appropriate legal and regulatory framework for the governance of Unclaimed Assets.
  • Advised and represented the Purchasers in multi-asset acquisition and takeover of three Kenyan air operators on behalf of Aircrafts Contracts Kenya Limited/Aircrafts Contracts South Africa Limited.
  • Advised a Licensed Fund Manager in disputes relating to qualifications of its directors with the Capital Markets Authority and the continued operation of the Fund as a Collective Investment Scheme.
  • Advising the Kenya Electricity Generating Company Limited (KenGen) in the months preceding its Initial Public Offer (“IPO”) on aspects of outstanding claims by and against the company by various suppliers, the prospects of such claims and recommendations on how to conclude such claims.
  • Corporate restructuring of ALICO (K) Ltd. The transaction involved the sale of general insurance business to AIG Kenya Limited and the sale of shares in ALICO (K) Ltd to CFC Group Ltd.
  • Advised on employment, pension and tax law issues arising out of retrenchment of managers after the restructuring of Telkom Kenya Limited.
  • Conducted a Legal due diligence on behalf of Malaysian Telecom on their intended acquisition of equity in Telkom Kenya Limited in 2004, including reviewing various contracts, reviewing and advising on regulatory issues governing the operations of Telkom and reviewing pending litigation.
  • Advised the then Deposit Protection Fund and the Ministry of Finance on restructuring of various collapsed financial institutions between the years 2001-2004. The assignments involved extensive due diligence into the affairs of the institutions concerned.
  • Advised potential Investors including Malaysian Telecoms over the privatization of Telkom Kenya Limited.
  • Advised Investments & Mortgages Bank Limited on labour issues arising from the restructuring of the bank subsequent to the purchase of Biashara Bank Limited.

Membership in Professional Bodies

  • Law Society of Kenya
  • Institute of Directors of Kenya
  • International Commission of Jurists (Kenya Chapter)
  • East Africa Law Society
  • International Bar Association
  • Commonwealth Lawyers Association

Accolades

  • He has been ranked in the Chambers Global 2015 as one of the leading lawyers in Kenya.

Publications

Mohammed has published, consulted and trained in the areas of Public Procurement, Corporate Governance, Insurance, Bank Securities and Media Law and is the author of the Kenyan Chapter in the “Global Competition Review” published by the International Bar Association.  He has also prepared manuals on Public Procurement laws for various institutions.  He is one of the authors in a book on Arbitration Law and Practice in Kenya.  He was also involved in the drafting of the Anti-Bribery Bill in conjunction with Freshfields U.K.