Anjarwalla & Khanna provides advice to clients in the agriculture sector on diverse legal areas such as agricultural tenancies and other kinds of property law, contract, environmental, tax, insurance, estate and succession planning, intellectual property, labor and employment, equity funding, business formation, and litigation. Our lawyers understand the complexity of the agricultural and land laws in Kenya and are therefore well placed to the advise both foreign and local clients.
Matters in this sector include:
- Acting for Mohammed Enterprises Tanzania and related companies (MeTL Group), on its USD 175 million borrowing from Rand Merchant Bank, including reviewing and negotiating the LMA governed loan agreement and other transaction documents, assisting with the condition precedents and perfecting the security documents. MeTL Group is one of the largest industrial conglomerates in East Africa, doing business in trading, agriculture, manufacturing, energy and petroleum, financial services, mobile telephony, infrastructure and real estate, transport, logistics and distribution and is Tanzania’s largest home-grown company with annual revenues exceeding $1.5 billion.
- Acting for Farm-Africa, a UK registered charitable organization that works with farmers, pastoralists and forest communities in Eastern Africa, in connection with the establishment of franchise arrangements for animal-health products in Kenya, including setting up a Kenyan subsidiary, Sidai Africa, drafting and reviewing form franchise agreements and advising on disputes arising out of the company’s franchise arrangements.
- Advising Homegrown, East Africa’s then-largest horticultural and floricultural company, on its corporate restructuring programme, including a sale of its holding company to leading UK based foods company, Finlays, as well as Homegrown’s IPO and related competition and capital markets regulatory work.
- Advising on legal structures, tax and land access issues arising in setting up an agricultural supply chain initiative involving local, multinational, government and supranational banks and financial institutions, input suppliers, donors, NGOs and government actors. The initiative focuses on providing access to finance, agricultural inputs, and extension services to small-scale farmers in Tanzania, Uganda, Kenya and Malawi. A&K advised on Kenyan matters and also coordinated legal advice from ALN member firms in Malawi, Tanzania and Uganda.
- Advising Lieberman Group a private South American conglomerate and the largest cut flower grower and distributor in the world with offices in 9 countries in the U.S., Europe, Far East and Latin America, on the setting up of what will be one of the largest flower farms in Kenya, including advising on relevant general corporate, employment and land laws as well as licensing matters and governing regulatory schemas.
- Acting for CfC Stanbic, a Kenyan bank with subsidiaries in Kenya and South Sudan and a member of one of the largest financial services companies in South Africa, the Standard Bank Group, on a debt facility to fund Kinangop Dairy’s acquisition of new equipment, including structuring a charge over seventeen properties and a debenture on the borrower’s assets, as well as conducting due diligence on a number of cooperative societies as shareholders of the borrower.
- Advising Nagarjuna Fertilisers & Chemicals, a leading manufacturer and supplier of plant nutrients in India, on the establishment of its operations in Kenya, including organising and registering the company, providing tax counsel and general corporate advice on company activities in Kenya.
- Acting for Grassroots Business Fund, a US non-profit investing in development projects in emerging markets, on a variety of agricultural investments in Kenya and providing internal trainings for its investment officers on Kenyan laws and their impact on the fund’s potential investments in Kenya.
- Acting for the both the lenders and purchasers on the acquisition of Socfinaf, the largest coffee growing company in Kenya, including its subsidiary EAGAADS, listed on the Nairobi Stock Exchange, including conducting due diligence, advising on the transaction’s USD 62 million syndicated financing and on all regulatory approvals.
- Advising Kofinaf Company, one of the largest coffee growers and dealers in Kenya, on the restructuring of its debt and land portfolio (aggregating to approximately 1000 hectares), including providing legal and tax structuring advice, undertaking amalgamation and change of user in relation to its properties and advising on the sale of various properties.
- Acting for Parmalat, a global food producer and distributor with revenues of Euro 5.6 billion and listed on the Italian Stock Exchange, on its proposed acquisition of Spin Knit Dairy, Kenya’s third largest milk processor.