Stephen Mallowah

Partner, Head of Climate Change & Sustainability
T: +254 20 272 7171 C: +254 709 830 100 E: smallowah@tripleoklaw.com W: https://www.tripleoklaw.com/

Stephen is a partner in the Corporate & Commercial Practice.

He has expertise in several specialized areas of law, including capital markets, energy, financial services, gas, mining, oil, structured, and project finance. He further provides advice to clients on regulatory compliance, public policy, and legislative engagement. 

He is constantly pushing the knowledge boundary in emerging areas of practice. This is evidenced by the fact that he is one of the pioneering lawyers in Kenya in Public-Private Partnerships. Notable is that he has advised parties on both the public and private sides on large PPP projects that have since successfully achieved commercial and financial close. 

He also has a passion for teaching and has taught at several leading institutions including the Kenya School of Law. He is also a certified Corporate Governance Trainer. As a former senior public sector executive, he has extensive networks with key decision-makers across the region and has a reputation as a consummate dealmaker and a go-to lawyer in structuring or unlocking unconventional commercial transactions. 

Stephen was formerly the first executive director of a formidable, best-in-class intellectual property protection and enforcement agency with national and regional reach. In this role, he developed intellectual property legislation aimed at eradicating the menace of counterfeit goods in the Kenyan market through the application of two primary policy tools – enforcement of intellectual property law (within the TRIPS framework), and public outreach and sensitization.

Qualifications: 

  • MSc (Public Policy)
  • LLM (Corporate Commercial)
  • LLB (Hons.)
  • Diploma in Law (KSL)
  • IESE (Advanced Management Program)

Memberships: 

  • Law Society of Kenya
  • The REITs Association of Kenya

Key Matters

1. Savannah Clinker Limited

In connection with the issuance of a bond of up to a maximum face value of USD 485 million (KES 65.4 billion) on the Estates and Infrastructure Exchange in the City of London.
On the regulatory considerations for the proposed USD 350 million (KES 49.1 billion) Kenya Digital Economy Acceleration Program. This was as part of a consortium. 
An internationally recognized finance and engineering advisory firm, has been engaged by the Kenya Electricity Generating Company PLC to conduct a feasibility study for the development and operation of infrastructure for the importation of liquefied natural gas, conversion of the existing Heavy Fuel Oil/Medium-Speed-Diesel HFO Power Plants and development of a natural gas power generation plant valued at USD 320 million (KES 43.2 billion).
(A leading real estate developer and the largest institutional investor in rental housing in East Africa) in the unprecedented establishment of the world’s first USD 52 million (KES 6.53 billion) Development Real Estate Investment Trust (D-REIT) fund. 
In drafting and reviewing a construction and fit-out contract for a luxury residential development valued at USD 32 million (KES 4.3 billion) in Nairobi based on the FIDIC White Book.
(The majority shareholders in Resolution Group Limited) in the ongoing restructuring of Resolution Insurance Ltd (under Statutory Management) through a first-of-a-kind proposed Hybrid Scheme of Arrangement for an insurance company under Statutory Management proposing to revive Resolution Insurance Limited. The objective of this process is to propose a feasible turnaround of the company through a practical reorganization plan and have it resume its business undertakings as a going concern. The value of this transaction is USD 21 million (KES 2.84 billion).
 In a derivative transaction valued at USD 5 million (KES 675 million) contemplated under ISDA Master Musharaka Hedging Document which is essentially an interest rate swap. However, under Shari’ah law, the levying of interest is prohibited and so the transaction must take the nature of a profit rate swap. Islamic profit rate swaps are mainly used to avoid price changes in the value of an asset and to avoid market volatility in currency rates. These are the agreements to exchange profit rates between fixed-rate and floating-rate financial transactions and require a trade of assets in the underlying contracts to comply with Islamic principles.
(An integrated telecommunications provider in Kenya) on the proposed combination of Telkom Kenya’s telecommunication business in Kenya through a joint venture with Airtel Kenya (one of Kenya’s leading telcos) to create a leading integrated telecommunications platform with mobile, enterprise, and wholesale divisions.
 (The largest telecommunications provider in Kenya) on the legal and regulatory issues for structuring and implementation of a revolutionary consumer product in the digital space. We also assisted and supported their product development teams in structuring new consumer offerings through digital distribution channels.
In negotiating and drafting a contract for sharing of revenues generated by a Caller Ring Back Tone service through a platform known as Skiza, with performing artists.
(A leading Kenyan communications agency), on an acquisition of a stake in Bean Interactive Media and Index Vault Limited.
(The company responsible for postal services in Kenya) in the acquisition of Rangers Football Club. This was the first sports franchise acquisition deal in Kenya

Capabilites

Insights

Insights

International Comparative Legal Guide to: Digital Health 2020

See Article

Insights

Environment and Climate Change Law Review: Kenya Chapter Now Available

See Article

Insights

LEGAL ALERT: Temporary Suspension of Section 12d of the Income Tax Act and Related Minimum Tax Guidelines

See Article