Head of legal, Kenya and East Africa | Standard Chartered Bank Kenya
Dr. Davidson Mghanga Mwaisaka
Head of legal, Kenya and East Africa | Standard Chartered Bank Kenya
Legal team size: 13
Major legal advisers/external counsel: Hamilton, Harisson and Mathews (Dentons, Nairobi) and Oraro and Company Advocates.
What are the most significant cases and transactions that your legal team has recently been involved in?
The bank is in the process of onboarding a pan-African underwriter on its panel. We have reviewed and negotiated the agreement.
On risk-based pricing, we have collaborated with the business to review all the client documentation (application forms, facility letters and the relevant terms and conditions) ahead of the implementation of the risk-based pricing for new clients.
Concerning data privacy, we have collaborated with the compliance and business to respond to client related data privacy concerns as well as those from the data protection commissioner.
Regarding the Kenya Mortgage Refinancing Participation, we are collaborating with the business to review the draft refinancing agreement ahead of engagement.
On wealth portfolio lending, we have drafted a legal opinion and the corresponding client documentation to facilitate portfolio lending as opposed to individual security lending. This will go a long way in improving the turnaround time for the solution.
With respect to vintage titles redemption, we are collaborating with the risk and the business teams to conclude on a process to guide on the handling of the redemption of vintage titles to mitigate the risks that had earlier been identified.
Lastly, on significant cases handled, I can mention the US$83mn arbitration case won in favour of the bank and ongoing is, one of the biggest pensions matters in Kenya.
Which recent political, economic or regulatory changes have impacted your work the most in recent years?
The interest rate cap (September 2016), which set interest rates chargeable by banks at 4%, equal to the base rate set by the Central Bank of Kenya (CBK), was intended to address the issue of the affordability of credit for small enterprises and working people, as they had complained for years that high interest rates had locked them out of credit. The rate cap was lifted in November 2019.
Are there any causes, business or otherwise, that you are passionate about?
I am a recreational runner having done several marathons and ultra marathons, enjoy reading, travelling and lawn tennis. I am also a dog trainer.