BUSINESS, CORPORATE AND PUBLIC FINANCE LAW

The Business Law programme is a law practice that conducts research, training, publishing, consulting and mentoring in Business law in Kenya specifically and Africa generally. The Business law practice handles many types of business, corporate, banking and financial transactions. These include: incorporation and structuring of various business entities, Foreign investment and joint ventures, reconstructions, acquisitions and disposals, privatisation, banking and securities work, taxation, regulatory compliance, and all aspects of corporate finance, factoring, leasing, project finance, management and commercial contracts. The Business law programme works hand in hand with the Intellectual Property and ICT Law programmes in offering high quality. More specifically, we offer the following services within the various specialties that we offer:


a. Registration of business entities in Kenya, including the procurement of all regulatory permits, licenses and registrations required for the operation of the businesses in Kenya;
b. Substantive consultancies and advisory services in business law;
c. Reviewing, amending and generally advising on the implications of any contracts entered into between a business and third parties and also its subsequent enforcement so as to, at all times, secure the business’s interests by averting or otherwise minimizing its legal liability;
d. Advising the business on and attending to all its employment and labour law requirements, and interpreting the enforcement of employment and agency contracts entered into between the business and its members of staff;
e. Conducting due diligence for and on behalf of the business in respect to any assignments calling for such due diligence;
f. Generally readily advising on all aspects of your day-to-day operations towards the end that the organization observes all applicable laws in Kenya, and also advising on all existing and developing legal requirements relating to the particular industry;
g. Institution, defending or otherwise conducting legal proceedings involving the business organization, whether directly or indirectly and negotiating settlements thereon or participating in arbitrations and mediations towards dispute resolution;
h. Undertaking and conducting of both negotiations towards any actual commercial and other transactions of all descriptions on behalf of the Company;

PROGRAMME PUBLICATIONS ON BUSINESS LAW, TRADE & CORPORATE GOVERNANCE


Articles in refereed journals


1. Ben Sihanya (forthcoming) “Intellectual Property and Technology Transfer Administration in Kenyan Universities” Moi University Law Journal; Innovative Lawyering & Sihanya Mentoring Working Paper Series (refereed).


2. Ben Sihanya (2008) “Intellectual property and mentoring for innovation and industrialization in Kenya,” University of Nairobi Law Journal, Vol. 4 issue 1, 2008, pp. 20-46, Consulting Eds: Dr Ben Sihanya and Mr Kyalo Mbobu. Peer reviewers were drawn from academics at University of Nairobi Law School (refereed).


3. Ben Sihanya (2008) “Intellectual property for innovation and industrialisation in Kenya,” Convergence, Vol 4. No. 2. October 2008, pp. 185-213, Journal of the International Bar Association, London (refereed).


4. Ben Sihanya (2004) “Intellectual property and innovation in Kenya: legal and regulatory issues in business incubation,” in Prof Bernard Aduda (ed) Science and Technology Park Development for Sustainable Industrial Growth, Jomo Kenyatta University of Agriculture and Technology, Proceedings of the National Workshop in Commemoration of the Scientific Revival Day of Africa, June 2004, Kenya National Academy of Sciences (KNAS), Nairobi, pp. 41-58. (refereed). (published in 2006)


5. Ben Sihanya (1992?) “Kenya’s pyrethrum export under pressure” Biotechnology and Development, Monitor, The Netherlands, p. 11 (1992?) (refereed).


Book Chapters


1. Sihanya, Ben (2009) “Combating Counterfeit Trade in Kenya” in Prof Moni Wekesa and Ben Sihanya (eds) Intellectual Property Rights in Kenya, Konrad-Adeneur-Stiftung, Nairobi, pp 207-266 (peer reviewed). Printed on October 23, 2009 and launched on November 10, 2009, at Panafric Hotel, Nairobi.


2. Ben Sihanya (2008) “Implementing the Model Law for Consumer Protection in Africa,” in Prof Sothi S. Rachagan (ed.) Consumer Protection in the WTO Era International Association of Consumer Law (IACL), Universite Catholique de Louvain-La-Neuve, Belgium (1999): peer reviewed by IACL members - Consumer law professors in five continents and other experts (peer reviewed).


Discussion Papers


1. Ben Sihanya (2008) “Business modernization of IP institutions in Kenya and Africa: use of information technology in IP management,” presentation at the Inter-regional forum on Development and Service oriented IP administration held at the World Intellectual Property Organisation (WIPO) headquarters in Geneva, July 1-2nd, 2008.


2. Ben Sihanya (1995) “Financial sector reforms under SAPs in Kenya: the case of capital accumulation and investment regulation,” Research paper submitted to the LLM Programme, University of Warwick (UK), 1995.


Book reviews


1. Ben Sihanya (1993) “Review of Biotechnology and Farmers’ Rights: Opportunities and Threats for Small Scale Farmers in Developing Countries by Hans Brouwer, Eric Stokhof and Joske F.G. Bunders (eds.), VU University Press, Amsterdam, 1992, in EcoNews Africa, Circular on Environment and Development (Nairobi) Vol.2 No. 8 May 13, 1993.


2. Ben Sihanya (1992) “Let’s take charge of our resources,” Book review of Dr Calestous Juma and Prof J.B. Ojwang’s Technology transfer and sustainable development African Centre for Technology Studies (ACTS) Nairobi (1992), in Weekend Mail (Nairobi) September 18.


Books and monographs


1. Ben Sihanya (2002) “How can we constitutionalize innovation, technology and intellectual property in Kenya?” African Technology Policy Studies (ATPS) Technology Brief No. 2 (Nairobi) (February 2002); peer reviewed by ATPS (Dr Osita Ogbu, etc.) being used to teach MSc and BA/BSc innovation classes at Jomo Kenyatta University of Agriculture and Technology (JKUAT) and Kenyatta University (KU), by Prof Henry Bwisa and Prof. G. Msangi, respectively, among others (peer reviewed).


2. Ben Sihanya (1997) “The State of Consumer Law in Kenya Public Law Institute (PLI), Nairobi (addresses IP, telecoms law, trade and investment,” peer reviewed by Mr E.M Ndiritu Senior Lecturer, University of Nairobi Law School, Dr Oki Ooko-Ombaka, SJD (PhD) (Harvard) and Director PLI; Class text book used by Mr Yash Vyas in Consumer Protection class, University of Nairobi Law School (peer reviewed).


3. Ben Sihanya (1996) Model Law for Consumer Protection in Africa Led six researchers in drafting and presenting the Model Law to African Consumer Leaders Conference, Harare, Zimbabwe (April 28-May 2, 1996). Peer reviewed and published as such by Consumers International Regional Office for Africa (CI-ROAF); also published by the United Nations, New York (peer reviewed).


4. Ben Sihanya (1997) Draft Model Competition Law for Africa Prepared for Consumers International Regional Office for Africa (CI-ROAF), Harare, Zimbabwe (1997).