- Banking & Finance:
The firm provides Corporate Investment Banking advisory services, collateral perfection, debt collection and fraud recovery services. We have many years of experience advising financial institutions on operational and regulatory aspects of the banking sector in Uganda.
We have advised leading insurance companies in Uganda in claims management processes, regulatory compliance and have been active in Insurance litigation. In recognition of our leading and effective role in the sector, the firm was in 2017 appointed to the Uganda Insurers Association lobby group to provide advocacy for industry concerns.
We have handled significant M&A work over the years including due diligence, negotiation, transaction documentation and regulatory compliance. We have been counsel in two of the main telecommunication acquisitions in Uganda and have provided services in several other FMCG and Pharmaceutical cross border acquisitions.
- Property Law & Conveyancing:
Land acquisition is an involved and at times unpredictable undertaking given the multiple authorities and communal land ownership systems in some parts of the country. We have used our experience in mass land acquisition to deliver a level of predictability and dispute-free acquisition for our clients. Noteworthy clients for whom we have carried out mass land acquisition and way leaves for include leading telecom companies, the national water utility company, the national electricity transmission company and the national Motor Vehicle Inspection Service concessionaire.
The firm has successfully handled claims for compensation of surface rights by project affected persons for large scale land acquisition. In addition, we have successfully litigated land disputes in the Supreme Court leading to the recovery of prime land by the state broadcaster and the social security fund.
- Intellectual Property:
Protection of the intellectual property in product and brands is a fast-growing area in Uganda. The firm has provided registration services, opposition and defence representation during registration process, as well as litigation against infringers of registered marks. The firm has represented leading telecommunications and FMCG companies in the registration and defence of trademarks and acts as local agent for foreign marks.
- Employment & Labour Law:
The firm has since establishment maintained a strong employment and labour law practice. We have handled staff restructuring exercises of significant magnitude to ensure legal compliance by our clients and to manage the regulatory environment surrounding these exercises. Some of the significant restructuring exercises that we have handled are in the telecom sector where we were instructed at different times to advise in staff restructuring by three of the biggest telecom companies in Uganda.
We have also reviewed and advised on the human resource policies and manuals to ensure compliance with labour laws by some of the largest employers in Uganda including the biggest media company in Uganda. In the Oil and Gas sector, we have provided legal services to resolve issues arising in the industry like social security payment obligations on expatriate pay; exemption from minimum work hours from Ministry of Labour; labour dispute resolution mechanisms; guidance on the labour law and regulatory regime; EHS procedures; Occupational injury and death; Registration of foreign doctors and clinics. We have also provided legal solutions for work permit challenges arising from the 28 day rotation schedule for contractors with high worker turnover like drilling services.
- Company Secretarial Service:
The firm has served as company secretary and registered office for several local and multinational entities providing a convenient and cost effective way for maintaining local presence and statutory compliance. Services we provide include: preparation of notices and minutes for meetings of directors and members; updating and maintenance of minute books and statutory registers of members, directors and charges; filing company annual returns and other requisite statutory forms; advising and guiding the board on their statutory responsibilities and ensuring adherence to corporate governance requirements; monitoring relevant changes in the company law and regulatory environment and appraising the board of the same; acting as local service agent for foreign companies doing business in Uganda
- Oil & Gas:
We have the unique distinction of being the firm with the longest experience of the Ugandan firms in the Oil & Gas sector having provided legal services to the operator in 3 blocks in the Albertine Graben before and after the discovery of oil in Uganda. K&K has also provided legal services to several major service providers in the Oil & Gas industry for over 15 years.
The firm provided transaction advisory services in the farm down of Block 1 and 3A in the Albertine Graben, legal support in the review of Field Development Plans and Applications for production licenses. We have provided legal guidance on the acquisition of different permits and licenses necessitated by the exploration activity, cost approvals, national content compliance, management of employment and labour relations, compensation claims for land surface rights, compensation claims for injury and tort, Environment, Health and Safety Regulation and Taxation
The firm also served on the Technical Committee of the Uganda National Bureau of Standards that developed standards in Oil and Gas management. The firm has been very active and has distinguished itself in the nascent oil and gas sector in Uganda and as a result, its founding partner, Kiryowa Kiwanuka was appointed in 2015 to fill the only legal slot on the 7 member inaugural board of the Petroleum Authority of Uganda.
The firm has the unique distinction of actively serving on both panels of the national Electricity Generation and the Electricity Transmission entities (Uganda Electricity Generation Company Limited and Uganda Electricity Transmission Company Limited). The firm has advised the electricity companies on several of the major national infrastructure projects currently being implemented including the 600MW Karuma HPP and 183MW Isimba HPP and the associated transmission lines.
The firm has also provided legal services to Independent Power Producers in negotiation of Power Purchase Agreements, Investment Agreements, Generation Licenses and implementation of Resettlement Action Plans.
PUBLIC LAW AND REGULATION:
- Public Procurement:
K&K is the firm of choice for public procurement advisory services and dispute resolution. The firm has successfully handled significant procurement disputes regarding projects of national significance in the transport and water infrastructure sector. The firm has over time built solid and dependable relationships with local regulatory authorities and accumulated the necessary experience and knowledge to effectively handle public procurement matters.
- Public Private Partnerships:
The firm has accumulated years of experience in negotiating and documenting PPP transactions both before and after the enactment of the Public Private Partnership Act 2015. We have advised on PPPs in the transport, water, defense and media sectors. The firm has a very busy public sector desk and serves on the panels of two major regulators for the communications and aviation industry. The firm, in addition, provides legal services to 8 public corporations in the following sectors: defence, water, social security, housing, electricity generation, electricity transmission, medicines and media.
- Compliance Audits
We have represented clients in heavily regulated areas like financial services, petroleum, telecoms, tobacco and gaming. The firm has in the process handled several internal and external regulatory compliance audits. We have built solid and dependable relationships with local regulatory authorities and over time, we have accumulated the necessary experience and knowledge to navigate the regulatory terrain.
As part of our business service, we provide tax advisory services to companies intending to set up and those operating in Uganda. The firm has had a good record in negotiating settlement of seemingly intractable tax matters in the petroleum, construction and trading sectors and we have vast experience in litigating tax disputes before the Tax Appeals Tribunal and the Courts of Law.
- Electoral Law:
Owing to our reputable litigation profile, we have attracted many notable clients in the defence of election petitions and other electoral disputes. In this regard we have successfully defended Election Petitions filed against His Excellency the President of Uganda (2006 and 2016), His Excellency the Vice President of Uganda (2011) and 18 Members of the Parliament of Uganda in the year 2016 alone.
- Mediation & Negotiation:
K&K takes a practical and business centered approach to dispute resolution. We have a good track record in resolving complex legal disputes. The firm has represented the social security fund in negotiating settlement of a suit for recovery of 843 acres of prime land in a transaction that had been declared by the Constitutional Court to be void; We have represented the biggest construction company and the Oil and Gas licensees in the resolution of complex tax disputes thereby saving considerable funds; We have also represented the biggest media house in Uganda in the reduction of its defamation litigation portfolio by over 50% through proper analysis, quick response and settlement of avoidable claims.
K&K has over the years represented clients in the prosecution and defense of high value claims in arbitration. We have also acted as counsel in the enforcement of foreign arbitral awards in Uganda.
K&K has a very experienced litigation team mainly handling commercial cases. The firm prioritizes alternative dispute resolution but where litigation is unavoidable, we provide a transparent and responsive case management system to enable the client know, at all times, the status of litigation matters and to track progress. Our litigation team has successfully handled high value cases of national and regional significance and of substantial jurisprudential value in the Supreme Court of Uganda and in the East African Court of Justice in Arusha, Tanzania.