Godwin Kakande

Legal Associate
Corporate Advisory
+256 414 259 992
+256 782 148 999

Background

Godwin Kakande is an associate with the Corporate Advisory team. He specialises in mergers and acquisitions and also advises on all types of corporate and commercial law related matters including capital markets, oil and gas, PPP’s, insurance, insolvency, project finance and private equity.

Godwin has extensive experience in cross-border transactional matters and has advised on a variety of due diligence exercises in a variety of debt and equity capital market transactions and acquisitions. Godwin also routinely advices on various tax matters relating to income tax, VAT, withholding tax, transfer pricing, capital allowances and deductibility of expenses.

Godwin is an Advocate of the High Court of Kenya and is admitted to the New York State Bar. He holds an LLM degree in corporate law from Cornell University Law School and an LLB Degree from the University of Pretoria. He previously worked with Anjarwalla & Khanna, Kenya’s largest law firm.

Professional Memberships

  • Member, Law Society of Kenya
  • Member, New York Bar Association
  • Member, American Bar Association

Professional Qualifications

  • Postgraduate Diploma in Law, Kenya School of Law
  • Admitted to the New York State Bar
  • Master of Laws (LLM), Cornell University, School of Law, USA
  • Bachelor of Laws (LL.B), University of Pretoria, South Africa

Career Summary

  • 2017 – date Associate MMAKS Advocates, Uganda
  • Associate, Anjarwalla & Khanna Advocates, Nairobi
  • Trainee Lawyer, Anjarwalla & Khanna Advocates, Nairobi
  • Associate, Tumusiime Kabega & Co. Advocates, Kampala
  • Legal Assistant, Federal Trade Commission, Washington
  • Legal Assistant, Birungyi Barata & Associates, Kampala

Areas Of Expertise

  • Corporate and Commercial
  • Corporate M&A
  • Tax

Top Corporate Matters – Uganda

  • Currently advising the International Finance Corporation (IFC) on the regulatory framework applicable to a proposed Public Private Partnership for the construction of a highway in Kampala, funded by the IFC. Our advice covers a cross section of regulatory issues including but not limited to procurement of contracts with the government, environment matters, employment and immigration matters, finance and tax, etc.
  • Currently advising the majority shareholders of a Ugandan telecommunication company that has been placed under administration. Our advice covers several issues relating to winding-up, receivership and administration as provided under the Insolvency Act.
  • Advising shareholders of a Ugandan company on the proposed sale of their shares to an international company. This involved conducting due diligence on the Ugandan company as well as reviewing and advising on the relevant transaction documents.
  • Advising an international mining company on the legislation governing the mining of gold and diamonds in Uganda. The scope of work included advising on the various licences required in Uganda in order to prospect, mine, buy, sell or export gold and diamonds outside of Uganda.
  • Advising an international financial institution on the enforceability of futures and options agreements in Uganda.

 

Top Corporate Matters – Kenya

  • Acting for the shareholders of Giro Commercial Bank, a commercial bank in Kenya, on its sale of the entire issued share capital to I&M Holdings, a publicly listed regional bank with operations in Mauritius, Kenya, Tanzania and Rwanda, followed by the simultaneous transfer of assets from Giro to I&M Bank, a wholly owned subsidiary of I&M Holdings, at completion of the share transaction.
  • Acting for WTS Energy in its acquisition of WTS International Limited (formerly Radar Recruitment Limited). The scope of work included preparing share transfer documentation, advising on competition related issues and tax implications of the share acquisition.
  • Acting for Chandler Corporation, a private investment group based in Singapore, in its exit of the Kenya market through a sale of its majority stake in a local chain of health clinics. The scope of work included drafting and negotiating a share sale agreement and dealing with competition related regulatory matters including liaising with the national competition regulator.
  • Assisted in advising the purchaser of the entire issued share capital of Corpack Kenya Limited which owns the majority shareholding in Dodhia Packaging Limited. The scope of work involved preparing a due diligence report on Dodhia Packaging Ltd, applying and obtaining merger clearance from the Competition Authority of Kenya and preparing share purchase documentation.

Top Tax Matters

  • Acting for a multinational company in reorganising its corporate structure in Kenya, Uganda, South Sudan, Tanzania and Mauritius so as to optimize their tax structure.
  • Advising M+R Spedag on its East African group structure, including advising on various management and control considerations, transfer pricing, thin capitalisation issues among others.
  • Acting for Crown Beverages Limited (a subsidiary of SABMiller) in a tax appeal at the Tax Tribunal against a tax demand by the Kenya Revenue Authority for custom duties, including advising the client on customs regulations and provisions under the East African Community Customs Management Act.
  • Successfully acted for a financial institution in a tax appeal at the Tax Appeals Tribunal against an assessment by the Kenya Revenue Authority of over KES 12 million in respect to withholding tax on incidental charges arising from nostro accounts.
  • Advising Unga Group Limited, a Kenyan company involved in manufacturing and marketing human and animal nutrition products, in a Value Added Tax refund claim of more than KES 189 million against the Kenya Revenue Authority.
  • Advising Tatu City in a joint venture with a property developer in the proposed construction of residential property outside of Nairobi. The scope of work included advising on the most efficient tax structure to be adopted in undertaking the project.