Legal team size: 13

What are the most significant cases and transactions that your legal team has recently been involved in?

I led the Safaricom legal team as we expertly negotiated the equity and debt investment of the International Finance Corporation (the IFC) into our subsidiary – Safaricom Telecommunications Ethiopia. The IFC’s investment in June 2023 consisted of approximately USD$ 157m equity investment alongside a USD$ 100m debt investment. The negotiation of the shareholder arrangements and debt terms and conditions, which involved our cross-border partners, Vodafone UK, Vodacom SA, Sumitomo Corp and the British International investment was a true testament to the power of effective negotiation, collaboration, and good old-fashioned hard work.

Proud to have steered the team as they navigated a cocktail of legal, regulatory and tax risks that affected every layer and stage of the transaction.

Safaricom’s mission is to be Africa’s leading purpose lead technology company by 2030. In pursuit of this mission, we are proud to be a pioneer in successfully closing a multi-billion sustainability linked loan to strengthen its environmental, social and governance agenda. The Safaricom legal team successfully guided the business in securing the largest ESG linked facility to be undertaken in East Africa and the first Kenya shilling denominated Sustainability Linked Loan in the market.

M-PESA – is a mobile phone-based money transfer and financing service pioneered by Safaricom. M-PESA’s impact is far reaching as a driver of financial inclusion in Kenya spurring economic growth, facilitating trade, poverty reduction and employment. Government utility payments across the country are also facilitated through M-PESA.

The Safaricom legal team working collaboratively with external counsel successfully defended two material legal suits surrounding M-PESA: (i) One that challenged certain components of the legal structure of the M-PESA service, with the claims amount being approximately Kes 305B (approximately USD$ 2.4 bn); and (ii) second challenging Safaricom’s ability to offer the service. Both matters being dismissed enabled Safaricom to continue offering the M-PESA services catalysing financial inclusion to millions of Kenyans. Given the impact of M-PESA and its transformational impact on our customers, the Legal team continues to proactively review and mitigate all potential risks touching on the M-PESA service.

Which recent political, economic or regulatory changes have impacted your work the most in the past year?

Kenya successfully held elections in 2020 that ushered in a new administration. The current administration has identified technology as the backbone of Kenya’s economic growth and a tool that will help leapfrog the Government’s ability to deliver services.

The impact of the Government’s decision to lean on technology has triggered a government led digitisation process that has seen increased demand on the legal team to provide bespoke and time critical support to the business on key Government ICT projects, including: (i) Financial empowerment – Hustler Fund — Safaricom was one of the key technology enablers of the government financing initiative aimed at providing affordable financing to small businesses and individual entrepreneurs in Kenya. The financing seeks to formalise the large informal sector by encouraging financial inclusion and business development. The hustler fund finances were distributed using Safaricom mobile money remittance service – M-PESA. (ii) Diversity and inclusion – Women Enterprise Fund — government initiative aimed at providing financial support and capacity building for women entrepreneurs now leverages on Safaricom’s mobile money transfer services – MPESA to ensure convenient loan disbursement and repayment as well as transparency and security. (iii) National Building Code — Kenya, through its ministry for Lands, Public Works, Housing, and Urban Development unveiled a new National Building Code 2024. The Legal team is proud to have lobbied in an industry driven approach for the review and implementation of this code which will evolve the country’s approach to construction and development, ushering in a new era of efficiency, safety, and connectivity in terms of building in the construction industry. One of the key reforms and requirements is for all construction and development plans for roads and buildings to consider and provision for the installation of ICT infrastructure /equipment by the inclusion of ducts. From a legal perspective, this is a very welcome move as previously the ducting of buildings was not a mandatory requirement thereby impacting the cost and speed of installation of fibre to buildings. We foresee that, if fully implemented, this would greatly improve the ease of fibre roll out to homes and business. (iv) FATF – Grey listing (Kenya) — In 2024, Kenya was grey listed by the Financial Action Task Force (FATF) citing certain deficiencies in Kenya’s anti-money laundering and counterterrorism financings and a lack of adequate regulation of the non-profit sector. The grey listing has severe consequences; and the Government and private sector are collaboratively working together to address the gaps highlighted by FATF. Safaricom more so, as a financial services provider (both local and international money remittance). The legal team has been called on to be increasingly vigilant in contracting and engagement with partners to ensure all third parties comply with AML reporting and anti-money laundering requirements. The Legal team has been collaboratively working with other internal teams including corporate securities and AML teams to formulate necessary policies and improve existing policies and processes based on international best practice.

Are there any causes, business or otherwise, that you are passionate about?

I am deeply passionate about being an impactful servant leader. I extend my impact in the following ways: (i)No success without a successor — I take a keen interest in the professional and personal development of my team members. I do so by having regular check-in sessions (virtual and in-person) to give guidance on their tasks as well as general professional growth helping to build strong future leaders who will impact the company, the profession and the community. (ii) Pass it forward — I mentor several young lawyers (in university and newly admitted as advocates). By sharing my experiences and knowledge I hope to help guide a new generation of lawyers that will be impactful in their careers, ethical in their approach and who are confident to transfer their skillset across industries and opportunities. (iii) Mental wellness is wellness — Firm believer that mental wellness is a crucial aspect of overall health just like physical health. Purposively check in and keep a pulse on team members mental wellness. Bring on board and make available mental wellness professionals to members of my team on a periodic basis and more so during stressful or high-tension periods. Continue to ensure my team members feel psychologically safe, empowered and able to meet their full potential. (iv) Share — I participate in industry and professional association events to share knowledge. (v) Family — charity begins at home. I am also a devoted husband and father; deeply invested in creating a stable happy home unit. Nurturing and raising children will in turn also grow to be impactful leaders and overall good human beings. (vi) Community and Marriage — I am a firm believer in the importance of family and the value of a loving and fruitful marriage, if that is the path one has chosen. To offer guidance to those who would like to pursue marriage, I am part of the community and church led group that offers pre-marital guidance and counselling classes to couples. (vii) Charitable initiatives — recognising that disability is not an inability, I am passionate about championing causes that seek to empower people with disability. I support CURE Kenya, a non-profit organisation that provides orthopaedic care for children and in particular their programme that provides life changing surgery and assistive aids for children with the congenital condition – Clubfoot.