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We are proud to announce that three of our partners were ranked as leading lawyers by Chambers Global 2012:

Richard Harney – Corporate/Commercial (Band 1)

Philip Coulson – Corporate/Commercial (Band 2)

John Syekei – Corporate/Commercial: Intellectual Property (Band U) and the Firm ranked in Corporate/Commercial (Band 2). Chambers commented that:

“Coulson Harney is going from strength to strength since its formation in 2008 upcoming seminars and has established a position as one of the firms involved in the largest­scale On 24 April 2012 the Intellectual Property transactions. The six­partner team proves adept at capital markets and M&A work in and Technology, Media and particular, with significant cross­border transactions for Barclays Bank, Centum and Telecommunications Group will be giving Airways. Involvement in several mining deals and a wind power project a seminar on “Emerging Practical IP reflects the breadth of the firm's abilities. Sources say: "I found them responsive and considerations for Corporations in the era good with Western clients." "Top of the list for capital markets."” of the Internet and Technology “and Legal

“Richard Harney is sought out for complex capital markets work, is respected across Considerations when acquiring the board as one of the top contacts in this area: "I'd recommend him to technology for today’s business”. Please e anyone." Philip Coulson is known as a proactive and commercially minded M&A mail [email protected] if lawyer and is praised for his "brilliant mind." He also supervises the firm's growing you would like to attend. real estate team and has developed a niche in environment work. John Syekei leads the specialised IP department in filing, registration and litigation work for high­profile clients such as Adidas and Safaricom.” constitutional implementation

We are also proud that Coulson Harney’s Intellectual Property team was ranked for Parliament went on recess on 15 March the first time by Managing IP in tier 3 and by WTR1000 in Band 2 with John Syekei 2012 and will return on 17 April 2012, being ranked in Band 1. despite a considerable amount of legislation remaining outstanding. The World Trademark Review (WTR 1000) commented:

“Corporate and commercial firm Coulson Harney has enjoyed a rapid rise to Bills passed prominence in the trademark field; the firm now boasts one of the largest trademark Bills pending filing practices in the market, which is coupled to a lively enforcement division. The Bills being debated arrival of John Syekei placed the firm on centre stage in the Kenyan market. Syekei enjoys a fantastic reputation as a “frightfully clever and hugely dynamic professional”. Bills approved, waiting to be gazetted The firm has expanded its horizons beyond national borders and gained experience Bills withdrawn on projects in many countries regionally and beyond, thanks in part to its close Bills rejected association with South African firm Bowman Gilfillan.” John Syekei draft legislation

John Syekei was recently appointed a Director of Longhorn Kenya Ltd. Longhorn Constituency Development Fund Act recently announced plans to list on the NSE. A draft Constituency Development Fund Act has been proposed aimed at preventing MPs from any involvement in the management of funds set aside changes in government for constituency development and On 26 March 2012 President Kibaki and Prime Minister Odinga announced the ensuring that such funds are handled following Cabinet changes: in a transparent and open manner.

Dropped from the Cabinet Read more

Hon. NajibBalala, formerly Minister for Tourism, was dropped from the q & a with joseph githaiga Cabinet.

New Appointments Joseph Githaiga joined the firm in October 2009 Hon. has been appointed Justice, National Cohesion and after returning to Kenya Constitutional Affairs Minister and replaces Hon. . from Australia where he spent the last 10 years Hon Jamleck Kamauhas been appointed Minister, Metropolitan and practising law, primarily replaces Hon. Njeru Githae. Joseph Githaiga as an in­house counsel Serving cabinet members affected in the reshuffle for some of Australia's leading banks, Hon. Mutula Kilonzo has been moved from Justice, National Cohesion and including latterly Constitutional Affairs and is now the Minister for Education, replacing Hon. Macquarie Bank Prof. Sam Ongeri. Limited where he was

Hon. has been moved from Foreign Affairs and is now the for 5 years. He is Minister for Trade, replacing Hon. . admitted as a Barrister and Solicitor of the New Hon. Prof Sam Ongeri has been moved from the Ministry of Education and is South Wales Supreme now the Minister for Foreign Affairs, replacing Hon. Moses Wetangula. Court.

Hon. Chirau Ali Mwakwere has been moved from Trade and is now the Read more Minister for the Environment, replacing the late Hon John Michuki who held the position until his death last month. contact details Hon. Njeru Githae has been moved from Nairobi Metropolitan and is now the Minister for Finance, replacing Hon. who stepped aside and Unit A is under the ICC probe. Nairobi Business Park Racecourse, Ngong Road Hon. Danson Mwanzo has been elevated from an Assistant Minister for Livestock and is now the Minister for Tourism, replacing Hon. . P.O. Box 10643 ­ 00100 Nairobi Kenya just when are the elections? Tel: +254 (0)20 289 9000 Fax: +254 (0)20 289 9100 This is certainly not the time to delay! The more the government and concerned Safaricom: +254 (0)712 205 000 parties continue to procrastinate about the election date, the more the political climate and consequently the business environment will suffer. [email protected] www.coulsonharney.com Read more

other developments Kenya to sign Double Taxation Agreement with Mauritius The two countries are expected to sign a double taxation agreement in June this year. At present Kenya has signed and ratified Double Taxation Treaties with Zambia, Denmark, Norway, Sweden, the United Kingdom, Germany, India and France.

Nairobi Stock Exchange The Nairobi Stock Exchange has unveiled its new board in readiness of transforming to a public company. It has appealed to The Capital Markets Authority to amend its rules to enable the Government to become a shareholder as the current law forbids it from owning shares. Members of the Exchange will be allocated 88 per cent of shares while the Government and Investor Compensation Fund will hold the remaining 12per cent. Mr Eddy Njoroge has been retained as the Chairman and new appointments to the Board include Farhana Hassanali (Director of Hass Consult), Jonathan Ciano (Chief Executive Officer of Uchumi Supermarkets) and Hosea Kili (Managing Trustee of Local Authorities Pension Trust (Laptrust)).

Is Big Brother watching……? The telecommunications industry regulator, Communications Commission of Kenya (“CCK”),is setting up a system to spy on private emails, citing a rise in cyber security threats since Kenya entered the global superhighway by placing an undersea fibre optic cable in Mombasa three years ago. Plans to install the internet traffic monitoring equipment known as the Network Early Warning System commenced in March after the CCK sent letters to internet service providers demanding their co­operation. The internet service providers have reacted by saying that if such a move is not backed by a specific court order it would be in breach of Article 31 of the Constitution although the CCK responded by saying that The Kenya Information and Communications Act 2009 gives it power to develop a national cyber security management framework.

Recruitment of Land Court Judges The Judicial Service Commission has started the recruitment of 30 judges to serve in a newly­created Environmental and Land Court. Although yet to become operational the Court was created in August 2011 with the status of a High Court and a jurisdiction to offer services across all the 47 counties.

did you know ……..?

We’ve stuck oil! On 26 March President Kibaki announced that Tullow Oil had discovered oil in Turkana. Multiple wells will now be drilled to establish its commercial viability and it could take up to three years or more for Kenya to enter the league of an oil producer. Following the President’s announcement of the oil strike details are emerging of connected government officials benefitting from trading in exploration blocks. Exploration companies would therefore be advised to ensure that the procurement procedures for their various authorisations and any exemptions that may arise from their activities are all above board and free from challenge.

IAEA and Kenya commence staff training on nuclear energy Kenya’s plans to set up a controversial nuclear plant within 15 years has entered a new phase with the country announcing it has started training personnel on nuclear energy. Already, six Kenyans are being trained in South Korea on various aspects of nuclear power, and another 15 are undertaking post­graduate studies in nuclear science at . The IAEA has sent experts to Kenya to run a program that aims to build capacity review of the total energy needs and create a suitable legal and regulatory framework. Kenya has been advised by the United Nations Environment Program to shelve its intended development of nuclear power but instead concentrate on its vast geothermal and wind renewable energy resources.

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Disclaimer: This publication is not intended to constitute legal advice which can only be given having regard to particular facts and circumstances. Any liability that would or could arise from or of the contents hereof is hereby excluded. Always seek professional advice from a suitably qualified lawyer on any specific legal problem or matter.