Mergers and Acquisitions

Ong’anya Ombo Advocates LLP provides advisory, regulatory, dispute resolutions representation, and strategies on engaging the Competition Authority of Kenya. We also consider the preferred models to handle businesses that seem to need further permissions from sector-specific regulators in their industry of operations. Considering Kenya is generally a small market, many parties will always take a keen interest in various mergers and acquisitions that require the approval of the Competition Authority.

Sector-specific regulators include Capital Markets Authority, Central Bank of Kenya, Communication Authority, Energy Regulatory Commission, Insurance Regulatory Authority, Kenya Civil Aviation Authority, Office of the Data Protection Commissioner, Retirement Benefits Authority, to mention a few. These regulators always have a say in the various intended mergers and acquisitions. The licenses issued by the regulators always come with pre-conditions and focus on the initial applicant.

The Competition Authority, among many other factors, will always consider the economic power and status of the staff. Therefore, there is a high likelihood of arousing various political, social, and economic interests across the market, which means that an intended mergers and acquisitions process may be defeated without focusing on the actual merit. Our service is alive to these factors and provides pre-disclosures advisory that will develop a strategic approach towards an intended M&A that may trigger the mentioned areas of the law.

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