Ombo Malumbe is a Partner at Ong’anya Ombo Advocates LLP. He leads the law firm’s corporate, commercial, and cross-border practice wing. He has advised on both complex and average transactions while applying an unbiased level of professionalism. He has covered advisories and transactions on areas such as approvals and licensing from Capital Markets/ Securities, the Central Bank of Kenya fintech regulations, the Competition Authority, and the Communication Authority.
He handles corporate and tax structuring, corporate governance and regulatory compliance, corporate immigration, transfer pricing, intellectual property transactions, real estate transactions, and economic processing zone (EPZ) companies and transactions, to mention a few.
Notable Transactions
Merger & Acquisition: in a cross-border merger and acquisition (M&A) transaction, he quickly spotted and enlightened a shareholder (target) of the transaction that he and the cofounder were engaging in was detrimental to the value of the business and there were too many traps placed that would occasion to losing the company based on the earn-out M&A model with poorly picked EBIDTA rates. The total deal value was USD 113 million.
Corporate & Tax Structuring: provided in-depth corporate ad tax structures for a European Union (EU) based company while ensuring that the company does not attract a negative image, therefore, adopting some standards under the Organisation of Economic Cooperation and Development (OECD). The team was mindful of not losing prospects who might have concerns about certain corporate structures.
Natural Resources: he has helped a client understand the dynamics of gold transactions in Kenya and majorly Eastern Africa block, which resulted in securing the client from being scammed more than USD 130 million.
Cross Listing: he has advised on an intended cross-listing project that focused on exploring the use of marijuana in various States in the US. The company was interested in cross-listing its Over Counter (OTC) shares in Kenya for purposes of raising funds to the tune of about united states dollars fifty million (USD 50 million).
FinTech & Communication Authority Licensing: he has provided various transactional strategies directly and indirectly to some of the biggest tech companies in the world. The strategies focus on how best foreign companies can access the Kenyan market considering the challenges of issuing 30% shares to a Kenyan citizen(s). The challenge is apparent due to a lack of clarity on how to seek a waiver.
Landowner & Financier Deals: he has advised on landowner and financier deals that required a capital investment running into at least USD 170 million and projected gross revenue of about USD 240 million.
Pro Bono
Intellectual Property Training: he trained some music artists on how best to go about registration of their songs with the Kenya Copyright Board (KECOBO) and what to always factor in during the production of a song, which includes the development of loops, securing the vocals, effecting the mastering of the loops and vocals.
Recognition
- Best Memorial, Save the Children Moot Court Competition (Strathmore), 2014
Publication
- Malumbe, O., 2017. The Illegality of Agreements and its Effect on Arbitration Clause. Alternative Dispute Resolution, CIArb Kenya, 5(2), pp.68 – 84.
Membership
- Law Society of Kenya
Other Training
- Gender-Based Violence Awareness Training [Kenya MUN held at UoN] (2013)
Prior and Current Associations
- Partner, Ong’anya Ombo Advocates LLP (July 2018 – present)
- Consultant, J.B. Ong’anya & Co. Advocates (May 2018 – June 2018)
- Legal Assistant, KN Law LLP (July 2017 – February 2018)
- Trainee Lawyer, KN Law LLP (April 2017 – June 2017)
- Trainee Lawyer, SMK Associates, Advocates (January 2017 – March 2017)
