- Publications & Insights
Dominic is a partner in our Nairobi office and a member of the General Finance and Real Estate practice.
Dominic has vast experience in banking and finance (including documentation of financial transactions, securities and debt restructuring), financial services and regulatory services (including insurance, capital markets, and retirement benefits), fintech (including payment services, digital lending, digital banking, insurtech and block chain), data protection regulations, and real estate transactions.
His practice focuses on:
- structuring, negotiating and documenting financial transactions including corporate and acquisition finance, syndicated lending, trade finance, project finance, real estate financing, ship, aircraft and asset finance, and Islamic finance; as well as drafting and perfection of securities;
- advising on capital markets transactions including issuance of sovereign and corporate bonds, commercial papers, and other securities and derivatives;
- incorporation, licensing, regulatory and compliance advice for players in the financial services sector including banking, payment systems, credit reference, capital markets, insurance and pension and retirement benefits;
- advising on fintech regulation including payment services, digital lending, digital banking, insurtech and block chain;
- advising on data protection including registration of data controllers and data processors, conducting data protection compliance audits, review and preparation of data protection policies, data subject consents, data protection clauses, data processing agreements and cross-border data transfer agreements, and advising on management of data breaches and data breach notifications;
- advising on restructuring particularly debt restructuring including covenant re-setting, ‘amend and extend’ discussions, forbearances or waivers of default, distressed debt sales and refinancing, debt-to-equity swaps, as well as formal processes such as schemes of arrangement, business rescue and liquidation; and
- conducting due diligence investigations and compliance audits.
He has advised the Government of Kenya, the East African Community and several local and international banks and financial institutions, lenders, corporates, individual clients and other entities seeking to provide or raise or structure various forms of finance. He also regularly advises banks and financial institutions, insurance companies and intermediaries, capital markets intermediaries, payment service providers on set up and regulatory advice.
Some of the clients that Dominic has advised include international and multilateral financial institutions (such as IFC, AfDB, DFC, TDB, Standard Chartered and Citibank), local banks and financial institutions (such as Stanbic Bank Kenya Limited, Equity Bank Kenya Limited, KCB Bank Kenya Limited, Absa Bank Kenya Limited), leading Fintech companies (such as Mastercard, Visa, PayPal, Stripe and Coinbase), and leading corporates (such as Britam Holdings Plc, Safaricom Plc and East African Breweries Limited).
Banking and Finance
- The African Development Bank in relation to its provision of subordinated loan facilities of up to USD 100 million to Equity Group Holdings Limited.
- International Finance Corporation in relation to the provision of a subordinated loan facilities of up to USD 75 million to The Co-operative Bank of Kenya Limited.
- S. International Development Finance Corporation (DFC) (formerly OPIC) on the financing of up to USD 5 million to Twiga Foods Limited.
- The African Development Bank in relation to its provision of line of credit of up to USD 100 million to KCB Bank Kenya Limited.
- The African Development Bank in relation to its provision of line of credit and subordinated loan facilities of up to USD 75 million to Diamond Trust Bank Kenya Limited.
- Safaricom Plc on the bid by Safaricom led consortium ‘Global Partnership for Ethiopia’ – for Ethiopia’s second telecommunications licence and on the financing to Safaricom Plc to fund its portion of the USD 850 million licence fee to obtain the licence.
- Nedbank Limited on the real estate financing of up to USD 65 million to Two Rivers Development Limited and guaranteed by Centum Investment Company Plc and Centum Development Company Limited.
- The Standard Bank of South Africa Limited, Citibank, N.A., London Branch and Standard Chartered Bank in relation to credit facilities issued to Liquid Telecommunications Holdings Limited and certain its subsidiaries.
- Sunculture Kenya Limited on a USD 11 million syndicated facilities from several lenders including Sunfunder Inc, Nordic Development Fund, Social Alpha Investment Fund (SICAV) – SIF- BASTION, Alphajiri Investment Fund and FEI-OGEF LP.
- Britam Holdings Plc (a listed holding company for a leading insurance group) on a KES 1 billion unsecured subordinated Tier II loan to HFC Limited.
- Mizuho Bank, Ltd on the legal status of bills of exchange and promissory notes in Kenya, in particular: the applicable legal provisions; the formalities in creating enforceable bills; the rights of the holder of an avalised bill against the institution giving the aval; and the enforceability of and market for avalised bills in Kenya.
- The Government of Kenya (Office of the Attorney General) in relation to the USD 2 billion sovereign bond listed on the London Stock Exchange.
- Centum Investment Company Limited on the creation and listing of its KES 6 billion fixed rate and equity linked notes on the Nairobi Securities Exchange Limited.
- Stanbic Bank Kenya Limited and The Standard Bank of South Africa Limited (acting through its Corporate and Investment Banking division) in respect of financing to Two Rivers Lifestyle Centre Limited.
- Equity Bank Kenya Limited in relation to a USD 93.85 million financing to a Rwandan hospitality company.
- Barclays Bank PLC, JP Morgan Chase Bank, N.A. London Branch, UBS Switzerland AG and Goldman Sachs Bank USA on finance facilities consisting of EUR 660 million and a revolving credit facility in the aggregate amount of CHF 110 million advanced to Swissport Group S.À R.L., Swissport Group (USA) LLC, Swissport Investments S.A. and Swissport International AG.
- Pacific Financing LLC in relation to a term loan facility of USD 50 million advanced to Inventure Corp Capital Limited for an asset-backed securities transaction, which facility was used to purchase receivables originated in Kenya by Inventure Mobile Limited which operates Tala, a mobile based lending platform.
- Branch International Limited, owner of a social-media linked mobile phone lending app, in relation to receivables financing transaction for facilities from Colchis Capital of up to USD 50 million.
- Branch International Limited (Kenya), owner of a social-media linked mobile phone lending app, on the issuance of secured commercial paper programmes.
- Conducting and advising on an in-depth and comprehensive legal and documentation audit in respect of the real estate assets and operations of Britam Holdings Plc and its related entities.
- Britam Holdings Plc on various aspects of the project structuring for the development of Britam Tower, ranked as the tallest building in Kenya.
- Commercial Bank of Africa (now NCBA) in relation to regulatory approval of the Fuliza product, an innovative mass lending product that allows all mobile money (M-Pesa) customers to overdraw on their e-wallets (M-Pesa wallet) to pay for goods or services in the event of insufficient funds.
- Ernst & Young and the East African Community Secretariat on the legal and regulatory framework on payment systems in the East African Community member states and the road map for attaining interoperability of card switches within the East African Community.
- Conducted a study of the current legal frameworks in each of the East African Community member states, and undertook a gap analysis for the desired legal framework and made recommendations for legislative changes and the legal roadmap to attaining integration of mobile financial services within the East African Community.
- Crowd Credit Inc. which operates a crowd funding platform across various jurisdictions and is exploring Kenya as a potential market to undertake digital lending from its off-shore subsidiaries.
- Vocalink on the legal and regulatory environment applicable to its business as a payments network operator across various jurisdictions in Africa.
- PayPal Private Limited on the legal and regulatory environment applicable to certain of its services in Kenya.
- CoinBase Inc. in relation to an extensive regulatory review on the regulation of crypto wallets, cryptocurrencies and crypto securities in Kenya.
- Branch International Limited, a mobile based lending platform, on the data protection regulation with respect to its credit provisions services through a mobile application as well as the proposed regulation of digital lenders.
- Uber East Africa Limited a technology company which offers a platform to facilitate a rideshare service on the draft National Payments System Bill, 2019 in Uganda.
- Port Management Limited group, a leading logistics and freight group of company, on the data protection regulation including undertaking a data compliance audit and preparing a data protection policy.
- Sunculture Kenya Limited with respect to the terms and conditions for the sale of solar agricultural equipment on credit with payments to be made through a mobile payments platform.
- Sunlight Payments Inc, a USA based entity, on development of its digital payments platform to manage disbursement of foreign donor funds to intended beneficiaries in Kenya.
- Mastercard International Inc. on the regulation of various payment products and services in Kenya.
- Visa Inc. on the regulation of various payment products and services in Kenya.
‘Bowmans has a team ably led by Dominic Indokhomi that is very knowledgeable in banking and finance regulations in both Kenya and the rest of East Africa.’
‘Dominic Indokhomi is a versatile, strong, knowledgeable partner that has helped us navigate banking and finance regulations in the region.‘ – Legal 500, 2021
Publications & Insights
- Kenya: The High Court upholds wide interpretation of Payment Service Providers
- Kenya: DCP Regulations to apply to non-deposit-taking microfinance institutions
- AVCA Legal & Regulatory Bulletin: Restructuring distressed Private Equity Portfolio Companies in Kenya and beyond – An overview
- Chambers and Partners: Fintech 2022 Guide: Kenyan Chapter
- Kenya: Kenya The Land Control Bill, 2022
- Kenya: Regulation of Digital Lenders in Kenya
- Kenya: Central Bank of Kenya (Digital Credit Providers) Regulations, 2021
- Kenya: Regulation of Digital Lenders
- Kenya: Law Restricting Ownership of Land in Kenya by Foreigners Declared Unconstitutional
- Kenya: Conversion of Old Land Reference Numbers to New Parcel
- Kenya: Waiver Of Land Rates Penalties and Interests In Nairobi
- Lexology: Getting the deal through – Fintech 2022: Kenyan Chapter
- Regulation of digital lenders
- Kenya: The sectional properties regime
- East Africa Quarterly and Monthly Newsletter
- Kenya: Launch of the National Lands Information Management System (NLIMS)
- The Central Bank of Kenya (Amendment) Bill, 2021
- Kenya: Public Participation on the draft Data Protection Regulations
- Kenya: The end of non-classification of restructured loans: What next for lenders and borrowers?
- Kenyan regulators set their sights on free-and-easy fintech
- Chambers ‘Fintech 2021’ Global Practice Guide
- Kenya: Pre-Launch of the National Information Management System (NLIMS)
- The Central Bank Of Kenya (Amendment) Bill, 2020
- Kenya: Implementation of the Stamp Duty (Valuation of Immovable Property) Regulations 2020
- Kenya: Conversion of land reference numbers in Nairobi
- Recent Ugandan judgement has serious implications for the region’s banking sector
- The Central Bank of Kenya (Amendment) Bill, 2020
- Abolition of Common Seals for execution of documents
- The Business Laws (Amendment) Act, 2020
- COVID 19 Briefing No 4 – The closure of Registries and Government Offices
- COVID-19: Impact on Businesses and Investments in Kenya
- The Computer Misuse and Cybercrimes Act
- The Law of Contract (Amendment) Bill, 2019
- The Appointment of Commissioners in the National Land Commission and its Impact on Land Transactions
- The interest rate cap is no more…
- The Law of Contract (Amendment) Act, 2019
- CMA REGULATORY SANDBOX: READY TO PLAY?
- Regulation of interest rates: Where are we?
- The Warehouse Receipt System Bill 2018
- Lexology: A structured guide to Fintech in Kenya