• +254 (0) 20 364 0000
  • +254 (0) 703 032 000
  • ak@africalegalnetwork.com
  • 3rd Floor, The Oval, Junction of Ring Rd Parklands & Jalaram Rd, Westlands
  • P O Box 200-00606, Sarit Centre, Nairobi, Kenya

ANNE KIUNUHE | PARTNER | ANJARWALLA & KHANNA

BACKGROUND

Anne is a Partner in the Corporate department at Anjarwalla & Khanna and an Advocate of the High Court of Kenya.  With over ten years of experience as a corporate lawyer, Anne specialises in mergers and acquisitions, IT & telecommunications law, competition law and intellectual property law.

A pioneer in A&K’s growing Competition Law Practice, Anne spearheaded the first joint Kenya COMESA Competition Conference which drew leaders from the recently formed COMESA Competition Commission (CCC), the Competition Authority of Kenya (CAK) and international experts to address emerging issues in Competition Law including the overlapping mandate and need for harmonisation between regional and national regulators.  Anne also represented Kenyan stakeholders at the COMESA Competition Workshop 2014 where Guidelines for the COMESA Competition Regime were jointly passed and then operationalised later that year.  She is a regular speaker at corporate law conferences and an ardent writer on contemporary legal topics and the Editor of Legal Notes, a quarterly newsletter published by ALN (an alliance of top tier law firms in 16 African Jurisdictions).

Having been involved in a number of prominent corporate law transactions in Kenya, Anne has represented multinational corporations such as Helios Investment Partners, Essar and Schneider Electric Industries and is a recognised leader in her field.  She is ranked by the Chambers Global Legal Directory, which has described her as a “very positive and sparky” lawyer and receiving client praise for her drafting skills and contracts analysis.  In addition, Anne has been voted one of Kenya’s best M&A lawyers by Best Lawyers International, the oldest and most respected worldwide legal peer review guide.  Anne won the CfC Stanbic Rising Star Award 2015 in the Professional Services category. The award celebrates and recognises young, talented people in the work place, aged 28-40, who have a capacity for achievement, success and make a valuable difference. 


MEMBERSHIP IN PROFESSIONAL SOCIETIES

  • Law Society of Kenya

PROFESSIONAL QUALIFICATIONS

2004: Postgraduate Diploma in Law, Kenya School of Law

2003: LL.B, Bachelor of Laws, University of Nairobi, Kenya

1999: Certified Public Accountant (CPA) Section IV, Visions Institute of Professional Studies


CAREER SUMMARY

2009 – date: Partner, Anjarwalla & Khanna

2008: Associate (Secondment), Stephenson Harwood, London

2006 – 2008: Senior Associate, Kapila Anjarwalla & Khanna Advocates

2005: Associate (Secondment), Ringo & Associates Advocates, Tanzania

2004 – 2005: Associate, Anjarwalla Abdulhussein & Co. Advocates

2004: Legal Assistant (Secondment), Barclays Bank of Kenya, Legal & Company Secretarial Department

2003 – 2004: Legal Assistant, Kapila Anjarwalla & Khanna, Advocates


AWARDS & ACCOLADES

  • Anne is ranked by Chambers Global
  • Anne is ranked as Competition Lawyer of the Year in Kenya in 2019 by Global Law Experts Annual Awards.
  • Anne is ranked as ‘Highly regarded’ in the areas of Corporate and M&A by IFLR1000 in 2018.
  • Anne is ranked by Chambers Global and clients value her highly, noting that: “She’s very good, very sharp and very smart.” – Chambers Global 2018.
  • Anne is recommended by Legal 500 2017.
  • Anne was voted one of the best M&A Lawyers in Kenya by Best Lawyers International 2014 and 2015, the oldest and most respected worldwide legal peer review guide.
  • Anne won the CfC Stanbic Rising Star Award 2015 in the Professional Services category.
  • In 2014, Anne was chosen as one of Kenya’s ‘Top 40 Women Under 40’ by Kenya’s leading business newspaper, the Business Daily.

PUBLICATIONS

  • Anne contributed to Getting the Deal Through – Cartel Regulation 2018 – Kenya
  • Anne contributes to the Practical Law Competition multi-jurisdictional monthly.
  • Anne contributed to the Global Competition Review, Kenya Overview – African and Middle East Anti-trust review 2016.
  • Anne also contributed to the International Comparative Guide to Cartels and Leniency 2016.

AREAS OF EXPERTISE

  • Capital Markets
  • Competition
  • Corporate M&A
  • Intellectual Property
  • Technology media and Telecommunications

LANGUAGES

  • English
  • Kiswahili

LOCATION

  • Nairobi

TOP MATTERS

  • Acting for Emerging Capital Partners, a US based Private Equity fund, in connection with the sale of its stake in Java House, the East Africa’s leading coffee-led casual dining chain, to Abraaj Group, a leading investor operating in growth markets, including preparing a report in respect of the real estate portfolio of Java House and in particular, conducting a thorough review of over 70 short term leases and licences in respect of all the locations where the coffee chain has an outlet and offices and liaising with our Rwandan and Ugandan ALN firms on the review of the leases in their respective jurisdictions.
  • Acting for Eastern and Southern African Trade and Development Bank (formerly PTA Bank), in connection with the filing and prosecution of trade mark registration applications in respect of its new trade marks (adopted following its rebranding in late 2016), including making direct national filings in Kenya and nine other African countries, making an international Madrid application covering twenty five jurisdictions, advising on multijurisdictional intellectual property registration systems such as the OAPI regime and filing international trademark registrations under the Madrid Protocol.
  • Acting for SBM Group, a Mauritian banking group listed on the stock exchange of Mauritius, in connection with its take-over and rescue of Fidelity Commercial Bank, a Kenya bank in financial distress, including running with the take-over and squeeze-out process, which was done in Kenya for the first time under the new Companies Act, drafting the Share Purchase Agreement, obtaining of regulatory approval from the Central Bank of Kenya, the Competition Authority of Kenya and the COMESA Competition Commission and assisting the banking licence and fit and proper requirements for the Central Bank of Kenya.
  • Acting for Essar Telecom Kenya, a mobile telecommunications service provider in Kenya trading under the “YuMobile” brand, in connection with its divesture from Kenya and resultant consolidation of the mobile telecommunications market in Kenya from 4 to 3 players through the sale of a substantial part of Essar’s mobile business to Airtel and Safaricom- both licensed mobile telecommunications service providers in Kenya, including advising on deal structure and regulatory approval process with the Communications Authority of Kenya, the Competition Authority of Kenya and COMESA Competition Commission; negotiating various transactional documents including share purchase agreements and asset purchase agreements; coordinating transfers of leases, novation and assignments of supplier, distributor, and service provider contracts, and providing legal advice on all other related aspects of asset transfer and consolidation of operations.
  • Acting for a consortium of investors in Fidelity Shield Insurance Company – a leading general insurance provider in Kenya – in the acquisition of a combined 51% stake in the company, including drafting and negotiating the transaction documents, conducting due diligence and assisting in procuring the consents required in relation to the transactions.
  • Acting for DEG and Proparco on their proposed divesture from I&M Holdings (a company listed on the Nairobi Stock Excange) through a proposed sale of shares to CDC Group.
  • Acting for Schneider Electric Industries, a listed European multinational, in acquisition of a majority stake in a joint venture with the Power Technics, a Kenyan group of companies with cross-border operations in Uganda and Tanzania distributing large and medium scale energy, industrial power and cooling solutions; advising on deal structure; coordinating legal advice provided across multiple jurisdictions; drafting and negotiating various transactional documents including share purchase agreement, put and call option agreement, shareholders agreement and ancillary documents; advising on all local aspects of regulatory compliance, transfer of employees, immigration matters, transfer of business, commercial leases and national and COMESA Competition Commission approvals.
  • Acting as for Emerging Capital Partners (ECP) on its proposed investment in and acquisition of a stake in a leading Kenyan University and establishment of a joint venture between ECP and the sponsors and founders of the university including conducting due diligence, providing legal and regulatory advice and advising on the transaction documents.
  • Acting for PTT Exploration and Production Public Company (PTTEP) – Thailand’s national and publicly listed petroleum exploration and production company and also one of the largest producers of oil and gas in Asia in the proposed acquisition of Cove Energy plc – a company listed on the Alternative Investment Market of the London Stock Exchange which indirectly owns participating interests in various oil and gas exploration blocks in Kenya, Mozambique and Tanzania, including advising PTTEP on applicable competition laws in Kenya and assisting them in obtaining the clearance required from the Competition Authority of Kenya.
  • Advising Godrej Consumer Products – an Indian company listed on the Bombay Stock Exchange and National Stock Exchange in India in the acquisition of the artificial hair production and distribution business of Strategic Industries in Kenya, including advising the client on the merger laws applicable to the transaction and assisting them in obtaining the clearance required from the Competition Authority of Kenya and advising the client on applicable restrictive trade practices laws and liaising with the regulator on the structuring of the transactions.
  • Acting for Helios Investment Partners (an Africa focused private investment fund) on the sale os a 12.25% stake in Equity Group Holdings – a public company listed on the Nairobi Securities Exchange, the Uganda Securities Exchange, and the Rwanda Stock Exchange and the holding company of one of the largest banks in Kenya to Norfund – the Norwegian Government’s Investment Fund for Developing Countries.
  • Acting as local counsel for Helios Investment Partners (an Africa focused private investment fund) and Vitol Group (one of the largest global energy traders) on the proposed acquisition of Shell’s/RoyalDutch’s downstream operations in Kenya, including attending meetings between the client and the Commissioner of Monopolies.
  • Acting for Godrej Consumer Products on its proposed acquisition of a major stake in Canon Chemicals , including conducting legal due diligence, drafting and negotiating transaction documents and assisting in procuring regulartory approvals.
  • Advising ICDC – a government-owned development finance corporation on the proposed privatization of KWA Holdings East Africa, the holding company of, inter alia, Kenya Wine Agencies (KWAL) through the sale of a 30 percent stake to Distell – a leading producer of wines and spirits in South Africa and KWAL’s employees, including reviewing and advising on the transaction documents.
  • Acting for Delonex Energy – a UK based company whose main investor is Warbus Pincus – a leading USA-based private equity fund which is leading a USD 600 million investment in the newly formed Africa-focused energy exploration and production company on the set up of their operations in Kenya and advising them on various transaction documents and licensing requirements.
  • Acting for Atlas Mara Co-Nvest (ATMA) – a financial services holding company with subsidiaries and investments in over ten jurisdictions in procuring merger approval from the COMESA Competition Commission in connection with the cross-border acquisition in, amongst others, Zimbabwe, Zambia and Rwanda, of ABC Holdings, ADC African Development Corporation AG and the commercial banking assets and liabilities of the Development Bank of Rwanda.
  • Advising Bright Food Europe – a UK company – on the competition law approvals required in connection with its acquisition of a majority stake in Latimer, a UK company which held interests in Weetabix East Africa, and assisting the client in obtaining the required approvals from the Competition Authority of Kenya.
  • Acting for Aga Khan Health Service, Kenya in connection with their acquisition of the diagnostic and imaging clinic business carried on by two entities in Kenya and assisting the parties in obtaining approval from the Competition Authority of Kenya in connection with the transactions.
  • Acting as local counsel in Kenya (and also co-ordinating the transaction in Tanzania, Uganda and Zambia) for Bharti Airtel, the largest cellular service provider in India, on its acquisition of Zain Africa’s assets, across 15 African countries, including assisting Bharti Airtel to obtain clearance from the Commissioner of Monopolies in connection with the transaction.
  • Acting as local counsel for Airtel Kenya, part of Bharti Airtel of India and Kenya’s second largest cellular company by subscribers, on revising its USD120m medium term note programme.
  • Providing and co-ordinating corporate and investment advice in 15 countries in Africa to Tech Mahindra, a leading communications service provider which has been contracted by Bharti Airtel to provide to Bharti Airtel business process outsourcing and telecommunications services in respect of its operations in various African countries.
  • Acting for Bourse Africa, an organization that intends to set up the world’s first combined commodity and spot derivatives exchange, in its establishment of an exchange primarily to offer trade, clearing, settlement and delivery of spot contracts.
  • Acting for Rift Valley Railways (RVR) the company which has been granted the exclusive concession to operate the Kenya-Uganda Railway and its shareholders jointly with Latham and Watkins in connection with the proposed financing and refinancing by international lenders including: International Finance Corporation (IFC), KfW, African Development Bank (AfDB), Equity Bank, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V. (FMO) and ICF Debt Pool LLP in the amount of USD181 Million, including meeting with lenders, reviewing and advising on the finance and security package.
  • Acting for the Privatisation Commission as part of the PricewaterhouseCoopers-led consortium in the proposed privatization of Kenya Pipeline Company, a government-owned entity which operates the sole oil pipeline network (including intake terminals) in Kenya and which transports between 80-90% of all finished petroleum products consumed in Kenya, Uganda, Rwanda, Burundi, Northern Tanzania and Southern Sudan.
  • Acting as local legal counsel in Kenya for ABSA Capital (a division of ABSA Bank), Barclays Bank of Kenya, CFC Stanbic Bank and Kenya Commercial Bank in connection with a facility in an aggregate amount of Kenya Shillings five billion (Approx. USD65million by the lenders to Safaricom.
  • Providing and co-ordinating corporate and investment advice in 15 countries in Africa to Tech Mahindra, a leading communications service provider which has been contracted by Bharti Airtel to provide to Bharti Airtel business process outsourcing and telecommunications services in respect of its operations in various African countries.
  • Acting for Tata Communications – a leading global provider of telecommunication products and listed on the Bombay Stock Exchange and the National Stock Exchange of India and its ADR are listed on the New York Stock Exchange on its proposed set up in Kenya and several other African jurisdictions, including advising it on the telecommunication licences required in Kenya, Tanzania, Angola, Nigeria.
  • Acting for Avaya Communications – a privately held telecommunications company previously listed on the New York Stock Exchange in its establishment in Kenya, Nigeria, Zambia, Tanzania and Ghana and advising it on telecommunication licensing in the various jurisdictions required in connection with the 5 year deal on outsourcing solutions entered into between Bharti Airtel and Avaya in 16 African countries.
  • Acting for Victoria Commercial Bank in connection with the raising of additional capital by way of rights issue and private placement.
  • Acting for Actae Development, the developer of a high-end housing estate and hotel-type holiday homes known as Lantana in Diana along the Kenya coast on all its contractual arrangements in respect of the development and sale of 47 holiday homes comprising of villas, bungalows, apartments, restaurant, business centre and ancillary facilities, including advising on the structuring of the sales and the rental-pool scheme for the holiday homes for the purchasers, drafting and negotiating the project documents, assisting in negotiations with financers.
  • Acting for the Mitsui Group which comprises of one of the largest corporate conglomerates in Japan and one of the largest publicly traded companies in the world in connection with their establishment and operations in Kenya.
  • Acting for Thales Group – a French multinational company that designs and builds electrical systems and provides services for the aerospace, defence, transportation and security markets and whose stock is listed on the Euronext Paris, in connection with their establishment in Kenya and providing to them continuing legal advice on their operations in Kenya.