Imelda is an Associate in the Commercial and Corporate practice at IKM, a position she has held since she was retained from Pupillage in January 2013.

Imelda has been engaged in a range of corporate and commercial transactions for both local and international companies, including legal advisory, due diligence, the incorporation and restructuring of not-for-profit organisations, non-governmental organisations. Imelda specialises in corporate and commercial law, company law, not-for-profit organisations, university and education law, intellectual property law, employment law, mergers and acquisitions and estate planning.

Credentials

Education

  • University of Nairobi, Bachelor of Law (LLB) (2005 – 2009)
  • Kenya School of Law, Diploma in Law (2010 – 2011)

Professional Qualifications

  • Law Society of Kenya
  • Admitted as an Advocate in the High Court of Kenya (2012)

Key experience

  • Assisted a subsidiary of one of the largest banks in Eastern Africa in its application and set-up as one of the first Mobile Virtual Network Operators (MVNO) in Kenya. It is intended that its customers will link their bank accounts with the bank to their mobile phones and in so doing be able to apply for loans, move money to and from their bank accounts, pay bills as well as carry out trans-border transactions from their mobile phones. The brief involved advising the client on the legality of setting up as an MVNO in Kenya, reviewing the provisions of the Kenya Information and Communications Act (CAP 411A) and the various regulations thereunder, the Competition Act, No. 12 of 2010, the Consumer Protection Act, No. 46 of 2012, the Central Bank of Kenya Act (CAP 491) and the Central Bank of Kenya Prudential Guidelines, 2013, and making the necessary applications for the licences and approvals from the Communications Authority of Kenya (CAK). The brief also entailed advising the bank on the legality of setting up a mobile telecommunications service entity when it is in fact a bank licensed to provide banking services by the Central Bank of Kenya (CBK) and whether a licence from the CBK is required in order to operate the mobile money transfer service in Kenya.
  • Advised a licensed credit institution regulated by the Central Bank of Ireland, which provides acquiring services to its customers by processing debit and credit card transactions, on the impact of financial services regulation on the provision by the client of the proposed service to an airline in Kenya. This brief involved considering whether the client’s proposed arrangement would be deemed to fall within the meaning of the National Payment Service Act or the Money Remittance Regulations, 2013, advising on the data protection laws under the Central Bank of Kenya Prudential Guidelines, 2013 (Guidelines on Consumer Protection), on consumer data and privacy, as well as regulations on anti-money laundering and other financial crime in Kenya.
  • Advised clients in the ICT industry, assisting local and international clients make an application for a Content Service Provider or Application Service Provider license with the CAK.
  • Advised a multinational client in the pharmaceutical industry on the legality of implementing an online and mobile platform for healthcare providers and an integrated diabetes solution (together the “e-health initiatives”) in Kenya. The brief entailed researching and advising the client on whether it is legal for the client to offer the e-health initiatives in Kenya, the advertising/promotion of its brand and pharmaceutical products developed by the client as well as other pharmaceutical companies and the impact of data protection laws on the proposed e-health initiatives. Imelda has also advised similar international entities in the pharmaceutical industry with similar intentions of introducing innovative technologies that are aimed at generally improving the health care system in Kenya.
  • Acted for International Produce and Logistics Limited, one of the biggest single importers of produce in the UK, and which is a subsidiary of ASDA (which is itself part of the Walmart group of companies), to conduct a legal audit on its branch office in Kenya. The brief entailed undertaking a legal health check to confirm compliance with the local Kenyan law on a number of issues, including employment, licences and permits, health and safety, competition matters, privacy and corporate governance issues, and presenting an official report to the client. Imelda carried out a similar exercise for Woolworths in South Africa.
  • Acted for the proposed acquirers/purchasers of shares in an entity engaged in the business of setting up, managing and operating hospitals, clinics, dispensaries, hospices and similar institutions in low income/high population density urban areas. The transaction involved advising the purchaser on the structure of the transaction, negotiating the share purchase agreement, reviewing the transaction documents and seeking and obtaining regulatory approvals from the Competition Authority of Kenya. The transaction involved advising the purchaser on the structure of the transaction, negotiating the share purchase agreement, reviewing the transaction documents and seeking and obtaining regulatory approvals from the Competition Authority of Kenya.
  • Involved in diverse transactions such as carrying out due diligence on companies, financial institutions and preparing the relevant reports thereto. Imelda has also actively participated in overseeing the implementation and finalisation of the transactions.
  • Engaged in a due diligence and restructuring of an international non-governmental organisation (NGO) which was overhauling its operations in Kenya. The brief involved setting up a new local NGO, transferring all the operations, staff and assets of to the new entity, including obtaining all the necessary regulatory approvals and engaging with inter alia the Competition Authority and the Retirement Benefits Authority.
  • Acting for a US-based university in the restructuring of its Kenyan research centre originally operating as a Trust, but later registered as a non-governmental organisation (NGO), thereby ending up with a dual corporate personality. The brief has entailed conducting a search at the NGO board to confirm the status of the Constitution, advising on the position as per the records at the NGO board and any required remedial action, as well as reviewing and amending the NGO’s Constitution to bring it into conformity with the provisions of the NGO board Prototype Constitution, the Non-Governmental Co-ordinations Organisations Act, 1990 and the Public Benefits Organisation Act, 2013.
  • Advised a number of local and international clients on employment law matters, issuing advice on termination of employment contracts and reviewing or preparing template contracts of employment and human resources manuals. Imelda has also assisted organisations in redundancy proceedings in accordance with the provisions of the Employment Act, 2007.
  • Engaged in advising one of the largest commercial banks in Kenya on a number of complex commercial transactions, drafted, reviewed and negotiated commercial contracts on behalf of the bank with entities such as American Express, Google and Paypal.
  • Acted for a number of international organisations in the setting up of local branches and subsidiaries in Kenya. These assignments involved advising on the registration of local entities as well as preparing and filing the relevant documents. She has also acted for various local companies in ensuring compliance with reporting requirements under the Companies Act.
  • Involved in the registration, renewal and assignment of trade marks in Kenya and also co-ordinates the registration of trade marks for the firm’s local and international clients in other countries such as Uganda, Tanzania, Rwanda, South Sudan, Burundi and Ethiopia.

Experience record

  • 2009

    Legal attaché – British American Insurance Company Limited and British American Asset Managers

  • 2012

    Pupil – IKM

  • 2012

    Legal attaché – Bank of Africa Kenya Limited on secondment from IKM

  • 2013

    Associate, Commercial and Corporate practice – IKM

Languages spoken

  • 100
English - Excellent
  • 80
Kiswahili - Good