Peter M. Waiyaki
“He is recognized for his impressive portfolio of major regional banking clients,
as well as his experience in interactions with Kenyan-listed entities. His capital markets expertise is deployed in a range of contexts, from transactions to regulatory enforcement and litigation support.”
Peter M. Waiyaki
Partner
Peter M. Waiyaki is a Partner at the Firm in charge of Strategy and Development. He is an Advocate of the High Court of Kenya, a Commissioner for Oaths, a Notary Public and a member of the Law Society of Kenya. He is also a certified Arbitrator and a member of the Chartered Institute of Arbitrators.
He stewards the Commercial Dispute Resolution Practice in the Firm but is also active in the Corporate Commercial Practice.
Peter is a seasoned commercial and corporate lawyer and commercial dispute resolution advocate who, over the last 10 years has taken to employing his vast and deep knowledge in commercial transactions and capital markets when representing clients in court, arbitration and quasi-judicial tribunals, both in Kenya and internationally. He has represented fund managers in disputes relating to investments made for clients, banks and banks’ clients in disputes relating to realization of securities and various companies in employment disputes. He is a certified Governance Auditor and a practicing member of the Institute of Certified Secretaries of Kenya.
Awards / Accolades
Spotlight Table, Capital Markets, Chambers & Partners 2019-2023
His areas of expertise include:
- Capital Markets
- Mergers & Acquisition
- Commercial Dispute Resolution including arbitration
Experience
- Provision of legal advisory services in the management buyout of a locally registered Investment Bank licenced by the Capital Markets Authority
- Successfully represented a local aviation company in a claim against it by Kenya Pipeline Company for alleged negligence in the repair of a helicopter. The claim was for Kshs. 192,504,549.94/
- Provision of legal advisory services in the transfer of the shares held by several minority shareholders in Sidian Bank Kenya.
- Currently representing directors of a company, which issued a bond listed on the Nairobi Securities Exchange, before the Capital Markets Authority
- Acted for a fin-tech company in an arbitration at the London Court of International Arbitration (LCIA) and subsequently in the High Court of Kenya in respect of a dispute with a supplier in a contract with a government entity. The subject matter is worth € 3,359,658.00.
- Provision of legal advisory services to Britam Asset Managers Limited in the investment of EUR 14 million by Britam in Everstrong Power Limited to fund the acquisition of 30% of the issued capital of Gulf Power Limited, a thermal power plant in Kenya with a contracted capacity of 80.32 MW
- Successfully represented a microfinance bank in a tax dispute with the Kenya Revenue Authority (KRA) at the Tax Appeals Tribunal.
- Provision of legal advisory services in the sale and purchase of the shares of a group of schools
- Represented 3 clients in a dispute with a commercial bank lender challenging the realization of third-party charges including challenging the statutory notices. The value of the subject matter is over Kshs. 700,000,000/=.
- Provision of legal advisory services in the review of the Draft Capital Markets Act, The Securities Industry Bill, The Capital Markets (Demutualization of Stock Exchange) Regulations 2011, Capital Markets Authority Bill 2011, Central Depositories (Amendment) Bill, 2011 And Amendments to The Capital Markets Act Cap 485A
- Acting for an energy development company in a claim for alleged breach of contract and fraud over the proposed development of a 35MW Biomass Power Plant. The subject matter value is USD 132,300,000/=.
- Provision of legal advisory services in the establishment and listing of the Stanlib Fahari I-REIT 2015
- Representing various clients in succession proceedings including application and confirmation of grants.
- Provision of legal advisory services in the investment by two private equity funds in Progression Eastern African Microfinance Equity Fund, a leading microfinance (non-deposit taking) institution in Kenya.
- Legal advisor to the Nairobi Securities Exchange in the ongoing drive for the establishment of a derivatives (futures) market in Kenya.
- Provision of legal advisory services in the Secondary Listing of Gold Bullion Debentures on the Main Investment Market Segment undertaken by Absa Bank Kenya PLC (formerly Barclays Bank) in 2017
- Provision of legal advisory services in the corporate restructuring of SMEP DTM Limited (a leading deposit taking microfinance institution in Kenya) as well as capital raising through the public offer of its shares in 2014.
- Provision of legal advisory services in the listing of the shares of Longhorn Kenya Limited on the Nairobi Securities Exchange by way of introduction in 2012
- Involved in the setting up and operationalizing of the Central Depository System for the Kenyan Capital Markets.
