Mariah Kirubi

Mariah Kirubi is a Principal Associate at ALN Kenya | Anjarwalla & Khanna and a member of the corporate team. She focuses on corporate and commercial law, mergers and acquisitions, employment law, competition law, corporate governance, data protection, telecommunications law and other regulatory matters.

• Law Society of Kenya

2019: Postgraduate Diploma in Law, Kenya School of Law

2017: Bachelors of Law (LL. B, First Class Honors), Strathmore University

Apr 2022 – Date: Principal Associate, Anjarwalla & Khanna, Nairobi

Jun 2019 – Mar 2022: Associate, Anjarwalla & Khanna, Nairobi

Jun 2017 ─ May 2019: Trainee Lawyer, Anjarwalla & Khanna, Nairobi

Mergers & Acquisitions

• Advising Carbacid Investments, a company listed on the Nairobi Securities Exchange (NSE) and Aksaya Investments, a limited liability partnership registered in Kenya in connection with the acquisition of up to 100% of the shares in BOC Kenya, a supplier of industrial and medical gases by way of a public takeover offer under The Capital Markets (Take-overs & Mergers) Regulations, 2002.
• Assisting in advising Leapfrog Investments, a private equity firm in connection with its acquisition of approximately 24% of the shares in ICEA Lion Insurance Holdings from First Chartered Securities, the holding company of the ICEA group of companies that undertakes insurance business in Kenya, Uganda and Tanzania.
• Acting for LOLC Holdings, a Sri Lankan conglomerate listed on the Colombo Stock Exchange, in connection with the acquisition of 95.5% of the shares in Tujijenge Tanzania Financial Services, a microfinance company, offering products through group and individual lending, targeting micro and small enterprises.
• Advising Open Society Initiative for Eastern Africa, an organization which promotes public participation in democratic governance, the rule of law, and respect for human rights, in connection with setting up local offices in Kenya, Uganda, Tanzania and Sudan, negotiating and advising on leases in respect of the properties occupied by the organization in various jurisdictions, and ongoing day-to-day legal matters.
• Advising Shanta Gold, a gold mining company listed on the London Stock Exchange and an East Africa-focused gold producer, developer and explorer, in connection with the acquisition of the entire issued share capital of Acacia Kenya Exploration (Kenya) – a company with mining operations in the western region of Kenya and the Kenyan subsidiary of Barrick Gold Corporation, and one of the world’s leading gold mining businesses with mining operations and projects in 15 countries.
• Advising Bharti Airtel, as the lead Africa legal adviser coordinating advice over 14 jurisdictions in Africa in connection with a USD 1.25 billion investment in a newly formed holding company Airtel Africa by six leading global investors including Warburg Pincus, Softbank, Temasek and Singtel. Airtel Africa is the second largest telecom operator in Africa, with operations in 14 countries and a customer base of 91 million.
• Advising Berkeley Energy, a renewable energy fund manager investing in Asian and African emerging markets, in connection with its first-ever transaction in Madagascar which involved the acquisition of a significant portfolio of hydro and solar assets (greenfield and brownfield) from Tozzi Renewable Energy and on a co-investment made by FMO in Berkeley Energy’s platform vehicle relating to these Madagascar assets, including drafting and negotiating the primary transaction documents and coordinating the counsels in Madagascar and Mauritius.
• Advising Simba Corporation, a leading Kenyan motor vehicle company, in connection with their subscription for 35% of the shares of Hemingways Holdings, the holding company for a group of companies that is a major player in the Hotel & Hospitality Industry in Kenya.
• Advising Kiboko Holdings, a holding company owning eight East African companies, in connection with the sale of 60% of its shares in AK Life Sciences to Carlyle Group, an American multinational private equity fund.
• Acting for a private equity fund that specifically invests in the African healthcare sector in connection with its investment in a company based in Nairobi, Kenya that provides medical imaging services.

Competition Law

• Acting for GardaWorld Security Corporation, a Canadian headquartered global company and one of the world’s largest security companies, in connection with procuring competition regulatory approvals from the Competition Authority of Kenya, the Fair Competition Commission and the COMESA under an investment into its holding company.
• Advising BBOXX, a leading provider of energy solutions across East Africa, in connection with procuring competition regulatory approvals from COMESA in relation to its acquisition of shares by Mitsubishi Corporation and Bamboo Energy Fund-Bamboo Energy Access Multiplier in BBOXX.
• Advising BBOXX, a leading provider of energy solutions across East Africa, in connection with procuring competition approvals from the Competition Authority of Kenya and COMESA in relation to the African Infrastructure Investment Fund 3 Partnership’s investment in the BBOXX Group.

Employment Law

• Advising SOS Children’s Village International, an independent, non-governmental, nonprofit international development organization, in connection with providing employment advice.
• Advising the Center of Reproductive Rights for Women in Kenya, an organization that uses the power of law to advance reproductive rights as fundamental human rights around the world, in connection with providing employment advice.
• Advising Kopo Kopo, a payment solutions company that enables and incentivizes small and medium enterprises to digitize by partnering with financial institutions, mobile operators and major retailers, in connection with the provision of employment law advice.
• Advising one of the world’s largest infrastructure and construction companies, in connection with employment advice, including reviewing the employment contracts template.

Corporate Governance

• Training of the Board of Directors of I&M Bank, a commercial bank in Kenya listed on the Nairobi Securities Exchange, in connection with the director’s fiduciary duties, managing conflict of interest, director’s liabilities, tools for directors to shield themselves and the board’s role in strategic change under the new Companies Act, 2015.
• Assisting with the audits for Barclays Bank of Kenya in connection with the mandatory governance and legal & compliance audits required under the Code of Corporate Governance Practices for Issuer of Securities to the Public 2015.
• Undertaking a board evaluation for the Strathmore Research and Consultancy Centre for the year 2020 for the Board of directors, the various board Committees, peer evaluation, individual evaluations, and evaluation of the managing director.
• Training the Board of Directors of Kakuzi in connection with the corporate governance requirements for listed companies under the Corporate Governance Practices for Issuers of Securities to the Public, 2015 and Kakuzi’s existing policies.
• Training observers on the board of Swiss Re Direct Investments, a wholly owned subsidiary of Swiss Re, the world’s second-largest reinsurer, in connection with the duties of observers and best corporate governance practices.
• Training of various boards of directors in connection with the director’s fiduciary duties, managing conflict of interest, director’s liabilities, and key provisions of corporate governance under the Companies Act 2015.

General Corporate

• Acting for Kenya Airways, the flag carrier and national airline of Kenya, in connection with the proposed consolidation of the entire Kenyan aviation sector, including drafting and negotiating all the proposed legislation including a new Aviation Bill, amending numerous other legislation and transaction documents, and advising on legal and regulatory issues around implementation of the project.
• Conducting general training to the lawyers at Anjarwalla and Khanna on the salient features of the Data Protection Act 2019 in comparison to the General Data Protection Regulation 2016/679 of the European Union.
• Advising various clients in connection with a variety of employment matters, including redundancy, unlawful deduction of wages, termination of employment, and the legal duties and risks in respect of retaining or terminating employment in various transactions in their proposed restructurings.
• Advising NGOs in connection with tax, legal and regulatory advice relating to the transfer of their businesses to other legal entities.
• Advising various international clients in connection with their setting up of businesses in Kenya and procuring the relevant regulatory licenses.
• Preparing letters of advice to various clients on regulatory issues such as industry-specific compliance requirements, setting up in Kenya and corporate governance requirements.