Simon Njege

Simon Njege is an Associate at Mohammed Muigai. His practice primarily focuses on Real Estate Law, Corporate and commercial Law. Simon has experience with dealing in multi-million dollar loan facilities and property purchases transaction, and advising multinational companies on regulatory legal framework in sectors such as Land Acquisitions, Intellectual Property Protection and Commercialization and Creation and Enforcement of Foreign Contracts in Kenya.
Simon is an alumnus of the Catholic University of Eastern Africa (LLB), Harvard Law School (Copyright X) and has a post-graduate diploma from the Kenya School of Law. He previously worked at Sichangi Partners Advocates before joining the Mohammed Muigai team.

PROFESSIONAL MEMBERSHIP

  • Law Society of Kenya
  • United Nation Volunteers
  • MTC Trust Team

PROFESSIONAL QUALIFICATIONS

  • Admitted as an advocate of the High Court of Kenya (2014)
  • Registered as a Patent Agent with the Kenya Institute of Intellectual Property

AREAS OF EXPERTISE
•    Finance and Economic Law
•    Banking Securitization
•    Conveyance
•    Commercial and Corporate Law
•    Intellectual Property (ICT) Law
•    Upstream Law and Regulation
•    Public – Private Partnerships
•    Public Procurement & Disposal Law
•    Legal and Compliance Audits and Technical Peer Review

SUMMARY OF TOP MATTERS HANDLED

• Successfully represented Kenya Bureau of Standards (KEBS) before the Public Procurement Administrative Board [PPARB] in Public Procurement Litigation in an Application with a value of Kshs 3.2 Billion to the successful bidder; Quality Inspection Services Inc. Japan)[QISJ];
• Successfully representing Kenya Bureau of Standards (KEBS) before the Public Procurement Administrative Board [PPARB] in Public Procurement Litigation in an Application sought to review the awarding of a Motor Vehicle inspection Contract of Kshs 3.2 Billion to the successful bidder; Quality Inspection Services Inc. Japan)[QISJ];
• Successfully representing Kenya Bureau of Standards (KEBS) before the Public Procurement Administrative Board [PPARB] in Public Procurement Litigation in an Application where Auto-terminal Japan Limited [ATJ] sought to review the awarding of a Motor Vehicle inspection Contract of Kshs 3.2 Billion to the successful bidder; Quality Inspection Services Inc. Japan) [QISJ].
• Creation and perfection of First Legal Charge and a supplemental Debenture in favour of Guaranty Trust Bank (Kenya) Limited to secure Kshs 1.1 Billion.
•  Facilitating the loan application for Alai Limited to finance and construction Alba Hotel Nairobi amounting to USD 5 Million.
• Assisting KCB Bank Kenya with a loan facility advanced to a Borrower to secure Kshs.  134.35 Million.
• Acting for Acme Dream Limited [A Chinese Investor] in the Purchase of a piece of property along Mombasa Road measuring 2.103 hectares from Steel & Scrap Metal Supplies Limited for Kshs. 550 Million.
• Advised a leading LPG business player in a proposed sale of its retail business and disposition of its other assets.
• Attending to the Perfection and registration of a Supplemental Charge, an all Asset Debenture, Deed of Indemnity and Guarantee, Composite Debenture and Guarantee, Deed of Subordination, Escrow Agreements and a Deed of Pledge to secure the sum of Kshs. 3.9 Million in favor of a Bank institution in Kenya.
• Providing advisory services in which a refinery company was being acquired by Parastala
• Drafting of various Energy (Petroleum and gas) granting and other related instruments such as Concession Agreements and licenses, Production Sharing Agreements and service agreement. Evident when advising a renewable energy company on compliance requirements in a proposed land acquisition along the Nyamindi Cascade to generate hydro-power.
• Drafting, filing and prosecuting Applications within the Public Procurement and Disposal Law purview such Preliminary Objections, Requests for Review and Memorandum of Response(s) as evident with the multiple successful representation of Kenya Bureau of Standards.
•Advising locals and multinational companies on regulatory legal framework on matters such as investments, Intellectual Property Protection and Commercialization and Enforcement and Foreign Contracts in Kenya.
•Undertaking Technical Peer Review in Credit Market Development for Financial Sector Deepening (FSD) to reform the Movable Collateral System in Kenya, Reviewing Legislative Proposals aimed at developing a new Secured Transactions Law and creation of an Electronic Collateral Register.
• Incorporation, registration and advisory to various entities such as Companies, Partnerships, Trusts, Societies, SACCOS, and Real Estate Investment Trusts [REITS].
•Conducting In-house and Public trainings especially on Compliance, efficiency and benchmarking for the best international practices in the Loan Documentation Process and Security Perfection.
•Conducting Legal Compliance Audits for Companies, NGO’S and government departments and agents to ensure their compliance with the legal regulatory framework.
•Drafting of various Commercial and IP related Agreements including Joint Ventures, Merger and Acquisitions, De-mergers, Escrow Agreements ,Deeds of Subordination, Trust Deeds, Partnership Deeds, Technology Transfer Agreements, Licensing Assignments, Privacy and Disclosure Agreements, Annual Maintenance Contracts and Value Adding Reseller Agreement.
• Drafting and proffering Advisory on commercial contracts including Share Purchase Agreements, Settlement Agreements, Deeds of Variation, Shareholders Agreements, Asset Purchase Agreements, Non-Compete Agreements, Consortia Agreements, Non – Disclosure Agreements and attendant Due Diligence Reports.