IKM is a Corporate and Commercial law firm that offers legal expertise in a number of practice areas. Our people are authorities in their respective fields and are highly sought after for the practical and innovative solutions they bring to the table.

IKM is active in a number of private and public sectors of the Kenyan economy. Through the firm’s alliance with the DLA Piper Group internationally and DLA Piper Africa, IKM is uniquely positioned to handle legal matters in Kenya as well as those that extend cross-border.

Foreign Universities, Education & Not-For-Profit

Kenya is a favourite destination for foreign universities and other not for profit corporations engaged in research and public benefit programmes in Africa. The key players in this sector include leading US Universities and 501(c) (3) corporations engaged/seeking to engage in research or public benefit initiatives. The areas of interest are as diverse as the institutions themselves and cut across all spheres of human, animal and plant life including but not limited flora and fauna research, education, public and tropical health (HIV/AIDS, malaria, child and maternal health), humanitarian response , environment and climate change, poverty alleviation/eradication, animal protection and wildlife conservation, agro economics and forestry, technology, entrepreneurial training, women empowerment, social marketing, medical relief, water and sanitation, human rights, social justice, good governance, livelihoods, social welfare, etc.

Most of these activities are funded by the US Government through USAID as well as other philanthropic organisations such as Bill & Melinda Gates Foundation, Rockefeller Foundation, among others. It is therefore essential for the grantee to ensure strict compliance not only with the grant terms but also local law in the country where the funded project is to be implemented.

University education in Kenya is highly regulated. Foreign universities therefore require clear legal guidance as they seek to establish programmes in Kenya to avoid the risk of being construed as operating in Kenya illegally without the requisite approvals under the Universities Act, 2012 while in reality they are conducting non-academic programmes in Kenya.

Depending on the nature of the intended activities and the applicable regulatory framework, a foreign university considering entering the Kenyan market would require sound legal guidance on, among other things, the legislative and regulatory framework, registration options and process as well as ongoing support in the maintenance of the local entity in compliance with the law.

On the other hand, where a foreign university intends to establish presence in the country for academic purposes directly or through collaboration with a local accredited institution, legal guidance on the process and the applicable restrictions will be required.

Overview

IKM offers unparalleled legal expertise to foreign universities and not-for- profit organizations conducting programmes in Kenya.

Having been involved in the setting up and maintenance of numerous entities locally on behalf of leading US universities and 501(c) (3) corporations, IKM is well placed to provide the necessary guidance to potential clients in this specialized area. We provide clients with practical solutions to challenging situations and assist them to navigate through the regulatory framework governing non-profit organisations which is often unpredictable.

William Maema, who has developed an unmatched wealth of experience in this practice area is well known within the “Office of University Counsel” circles of leading US universities. He regularly attends the National Association of College and University Attorneys (NACUA) annual conferences for face time sessions with clients.

Our services

  • Advising on the various registration options under Kenyan law
  • Carrying out the actual registration including drafting the constitutive documents following up and obtaining the certificate of registration from the relevant regulator.
  • Attending to statutory registrations such as PIN, NSSF, NHIF and VAT
  • Advising on employment generally, drafting templates for local use, providing legal opinion on specific employment questions from time to time
  • Providing step-by step guidance on staff redundancies;
  • Advising on Kenyan immigration laws and obtaining work permits and other required permits/passes for expatriate staff and their families
  • Drafting and/or localizing commercial contracts
  • Advising on leases and reviewing lease agreements
  • Protection of the client’s intellectual property such as trade marks, logos, patents, industrial designs, etc.
  • Providing tax advice and assistance with tax exemptions
  • Assisting with the deregistration/dissolution of registered entities and obtaining the necessary regulatory approvals for the process as well as preparation and lodgment of the dissolution documents; assisting with the disposal/transfer of funds/assets and cancellation of contracts; etc
  • Generally supporting the local entity with on-going advice to ensure full compliance not only with the law but the ever-changing policies of the regulatory authorities.