Timothy Mukiti is the Founding and Managing Partner at Mukiti Advocates LLP. Prior to founding the firm, he was a Senior Associate in the Corporate practice group of DLA Piper Africa, Kenya. He also worked as a tax advisor with KPMG Kenya, prior to joining DLA Piper.
His practice focuses on mergers and acquisitions, tax law, venture capital, private equity, competition law, capital markets, banking and finance, and general corporate & commercial law advisory.
Timothy’s work in the venture capital and private equity space primarily focuses on advising institutional investors and high net worth individuals making investments in target companies. He also acts for target companies, receiving funding from investors. The scope of work includes transaction structuring, legal due diligence reviews, tax structuring, drafting and review of transaction documents, and the requisite regulatory compliance requirements.
On the M&A side, Timothy advises buy-side and sell-side clients in M&A transactions. The scope of work includes legal due diligence reviews, drafting due diligence reports, drafting and negotiating merger and purchase agreements, and other ancillary agreements.
He also has significant experience working with competition regulators in Kenya, and within the Common Market of Eastern and Southern Africa (COMESA).
Please see below some of the transactions Timothy has advised on:
- Part of the team that advised a local bank in the merger in one of the largest bank merger transactions in Eastern Africa. The transaction spanned four jurisdictions, namely, Kenya, Uganda, Tanzania and Rwanda.
- The scope of work included transaction structuring, due diligence review on the target and its group companies, drafting and negotiating merger agreements (including the share acquisition agreement and the business and asset transfer agreement), obtaining regulatory approvals from Capital Markets Authority (CMA), the Central Bank of Kenya (CBK) and the Competition Authority of Kenya (CAK), and attending to completion matters for the transaction, and post-acquisition integration advisory.
- Part of the team that advised for a global company operating in the energy, healthcare technology and aviation on the Kenyan scope of the global reorganization of its business to form three business lines, focused on energy, aviation and healthcare.
- The Kenyan scope of work included transaction structuring, review and drafting of the transaction agreements, advising of the regulatory compliance requirements, and attending to the completion scope of the transaction.
- Advised one of the largest global pharmaceutical companies on the East African scope of its global hive off of its generic drugs business, and the merger of the same with another entity.
- The transaction scope of work included advising on the transaction structuring, advising on the local compliance requirements, drafting, reviewing and negotiating the transaction documents, and attending to the completion scope of the transaction.
- Advised one of the largest telecommunications companies with operations spanning multiple countries in East Africa in objecting a tax assessment of more than KES 1 billion from the Kenya Revenue Authority.
- Advised a local company in the fast-moving consumer goods sector in an investment transaction through an acquisition of significant control in the company, by a private equity fund, and merger notification of the transaction to the Competition Authority of Kenya.
- Advised a fund with operations in Kenya, on the local compliance requirements under the Capital Markets Authority regulatory framework for alternative investment funds.
