Fred Ondieki Mogotu

We will satisfy you by our work ideas

Corporate Commercial . Employment Practice . Dispute Resolution . Real Estate . Aviation

Fred O. Mogotu

Managing Partner

fred@fred-law.com
+254720752617
9th Floor, West Park Suites, Ojijo Road, Westlands, Nairobi.

Fred is the founder and managing Partner of Fred and Kimutai Advocates (FredLaw). Fred is an Advocate of the High Court of Kenya and a member of the Law Society of Kenya and the East Africa Law Society. Fred contributed to the 6th, 7th and 8th Editions of the Aviation Law Review published by The Law Reviews https://thelawreviews.co.uk/ . He also contributed to a guide on Kenya’s aviation tax regulations and Kenya’s drone regulations published by L2b Aviation https://l2baviation.com/ and the Kenyan chapter on Aircraft Financing published by Sweet & Maxwell in their Aircraft Finance Booklet. Fred graduated with a Bachelor of Laws degree from the University of Nairobi in 2013 and with a Post Graduate Diploma in Law from Kenya School of Law in 2014.

MEMBERSHIP IN PROFESSIONAL SOCIETIES

PROFESSIONAL QUALIFICATIONS

CAREER SUMMARY

MARCH 2021 - DATE Managing Partner, Fred & Associates Advocates, Nairobi
JAN 2016 - MARCH 2021 Associate, Anjarwalla & Khanna LLP, Nairobi
JAN 2014 - DEC 2015 Trainee Lawyer, Anjarwalla & Khanna, Nairobi
AUG 2005 - DEC 2013 Legal Clerk, Anjarwalla & Khanna Advocates, Nairobi

AREAS OF EXPERTISE

LANGUAGES

Location

TOP MATTERS

In his combined experience, Fred has advised and/or has been involved in a number of complex transactions including:

CORPORATE COMMERCIAL AND EMPLOYMENT PRACTICE

Advised an international company involved in crop nutrition, crop and agronomy knowledge and digital farming on the regulation of carbon trading in Kenya.

Advising an international company involved in the supply of farm inputs in products bundling and online sale arrangement with another company and in distributor financing arrangement with a financial institution.

Providing legal advice to an international company involved in crop nutrition, crop and agronomy knowledge and digital farming on the launch of certain digital farming solutions in Kenya and Tanzania.

Involved in the restructuring of C A Medlynks Limited, a medical laboratory institution to become a full-fledged medical centre.

Provide employment advice to Wildlife Direct, a charitable organisation involved in the conservation of wildlife.

Advising Project Maji, a charitable organisation established in Kenya and other parts of the world to empower and transform lives by providing sustainable, effective, and solar-powered water solutions in its application to obtain tax exemption for it is established for charitable purposes for the benefit of the residents of Kenya.

DISPUTE RESOLUTION

Acting for Vaghjiyani Enterprises Limited, a construction company, in an arbitration involving a construction contract for the amount of sum to KES. 1,247,523,158.13.

Acting for Vaghjiyani Enterprises Limited as an interested party in an application to the Public Procurement Administrative Review Board and a judicial review application to the High Court by a party against the Public Procurement Administrative Review Board in a decision made in the tender for the Construction of pile foundations and a suspended ground floor Reinforced Concrete Slab for a Multi-storey Administration Block and Boundary wall for the Naivasha Special Economic Zone.

Acting for a local company affiliated to a prestigious international group of companies involved in supply of farm inputs in Kenya in various debt collection claims amounting to hundreds of millions of Kenya shillings.

Advising on a defamation claim involving a founder and director of a certain medical equipment company by one of its independent contractors.

REAL ESTATE

Acting for various companies and high end individuals in acquisition and leasing of real estate property in Kenya.

In his previous practice, Fred acquired a wide range of experience in advising clients on aviation law, banking and finance and real estate. Some of Fred’s top matters in his previous practice include:

Acting for Kenafric Industries in preparing and perfecting security documents required to secure a syndicated loan facility of USD 16.5 million obtained to finance the restructuring.

Assisting in the legal vetting and conducting of extensive property due diligence on a local resort, hotel and SPA Company on behalf of RCI, LLC to enable RCI make a decision on whether or not to admit the local company to its time share exchange programme. I also advised RCI on Kenya’s competition laws in respect of timeshares.

Acting for Garden City, a USD 250 million, integrated mixed-use development in Nairobi comprising of the Garden City Mall, a 500,000 square feet shopping mall, offices and at least 210 residential units made up of apartments and villas and a recreational area, developed by Actis, a private equity fund with over USD 5 billion managed to date, including assisting in the negotiations and preparing of leases.

Assisting in an Islamic banking/Musharakah facility transaction, including reviewing the Musharakah agreement between the bank and the borrower and drafting the security and ancillary documents.

Acting for Kenya Education’s in connection with its acquisition of 100% shares in Brookhouse Schools (BHL), including drafting and reviewing completion documents and preparing documents effecting change of shareholders and directors of BHL, as well as the completion and post completion processes.

Acting for Helios Investment Partners and Acorn Group of Companies in connection with the establishment of an investment structure in which they will undertake the business of identifying, acquiring, constructing and developing investment properties whose principal use will be retail and residential mixed use developments focused on Kenya’s urban youth population and mid-size commercial office buildings.

Acting for Consol Glass Africa Proprietary, in connection with their proposed acquisition of 100% shares in Central Glass Industries, including drafting and reviewing completion documents and preparing documents effecting change of shareholders and directors of Central Glass as well as the completion and post completion processes of a transaction.

AVIATION MATTERS

Assisting in defending an international airline company in an employment dispute involving complex issues of secondment, employer’s management prerogatives and interjurisdictional enforcement of court orders.

Involved in advising Air Transport Services Group, company based in the United States in the leasing of a Boeing 767-200 by their Cargo Aircraft Leasing Company, Cargo Aircraft Management, INC. to Astral Aviation Limited a Kenyan Company including reviewing the lease, advising and assisting in the registration of the aircraft and the aircraft lease with the Kenya Civil Aviation Authority.

Advising and assisting in preparing aircraft mortgages in respect of various aircrafts by ALS Limited in favour of I & M Bank and other security documents. Assisting in registering the aircraft mortgages with Kenya’s Civil Aviation Authority and Kenya’s Companies Registry.

Assisting in running transactions involving leasing of aircrafts by AeroCentury Corp., (an aircraft operating lessor and finance company which specializes in leasing used aircraft and engines), to Kenyan companies, Skyward Express Limited and Silverstone Air Services Limited (now Jetlite Air Limited).

Advising in a proposed 30 year concession between Kenya’s National Airline and Kenya Airports Authority where the Kenya National Airline would operate and manage Kenya’s biggest airport and charge concession fees. The Concession did not however materialize because of political reasons.

Presenting in the NCAA programme on Global Aviation Competition Law/ Legal and Regulatory Aspects of Unmanned Aircraft Systems for the Nigerian Civil Aviation Authority on the Kenyan rules relating to unmanned aircraft systems.