It is the quality of one's conviction that determines success not the number of the follower

Remus Lupin

Lewis Ndonga

Associate

 Lewis Ndonga is an Advocate at FMC, with interests in corporate advisory, commercial transactions, dispute resolution, tech and data protection law and real estate law. He lends his talents and knowledge towards foreign complex commercial transactions, such as issuance of phantom shares, credit facilities from international lenders and digital currency regulation and applicability in Africa. Further, he has advised clients on several matters in tech and data protection law, including data privacy compliance, IT services consultancy contracts and non-disclosure. Also, he plays a large role in dispute resolution, including preparation of necessary documents for institution and defending legal suits, and assisting in negotiation of commercial disputes.

 

Key Matters

Corporate Advisory

 Advised a South African based company on setting up a local entity in Kenya, registration and compliance requirements.

 Reviewed a phantom share agreement for a Kenyan based building and construction company, for issuance of phantom shares as a means of benefit for certain employees. This involved cross border review of documents prepared in Spain and aligning the same with Kenyan law.

 Prepared legal opinions on the regulatory regime on cryptocurrency in Africa. This involved giving a comparative jurisdiction analysis with Ghana, Tanzania, Guinea-Bissau and Uganda, including advising on foreign exchange controls, digital currency regulation and payment systems regulations in the various jurisdictions

 Reviewed various documents for a hotelier on a complex transaction to secure a loan facility from a London bank. This included advise on issues on movable security laws and charges on immovable property, and escrow agency in Kenya.

 Advised on restructuring of a real estate company with an aim of ensuring tax compliance while assessing tax liability of the company. This included restructuring of the share structure and rights attached, assessment of taxes payable and effects of possible restructuring on the sale of developments in Kenya.