Firm / Organisation

Kampala Associated Advocates

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Managing Partner: Joseph Matsiko
Partners: Peter Kabatsi, Elly Karuhanga, Dr Kallu Kalumiya, Sam Mayanja, Oscar Kambona, David Mpanga, Bruce Musinguzi, Augustine Idoot Obilil, Jet Tumwebaze, Elison Karuhanga, Zulaika M. Kasajja
Associate Partners: Isaac Kyagaba, Dennis Otatiina, Pearl Nyakabwa, John Musiime
Consultant: Hon Justice Herbert Ntabgoba (ret Principal Judge)
Senior Associates: Catherine Nansubuga, Leonard Businge
Legal Associates: Nicholas Kihangire, Raymond Mwebesa, Akantorana Kobusingye, Rayner Mugyezi, Joakim Karaarira, Barbara Musimenta
Legal Assistants: Thomas Katto, Miranda Kabatsi, Patience Akampurira, Ramya Suresh
Number of partners: 16
Number of lawyers: 28
Languages: English, French, Swahili

Firm Overview:
Kampala Associated Advocates (KAA) is one of the largest and leading full service law firms in Uganda. The combined resources allow the firm to meet all clients’ needs efficiently and with the utmost attention, whenever clients need them. The firm has developed specialist expertise in various practice areas, providing the full spectrum of legal services.

Practice Areas:
■ Litigation & Arbitration
■ Banking
■ Corporate & Finance
■ Revenue & Taxation
■ Credit
■ Management
■ Petroleum & Energy

Main Areas of Practice

Corporate Governance, Capital Markets & Securities:
Lawyers advise on a wide range of transactional matters including the formation of legal entities such as companies, branches and non-governmental organisations. The firm also provides company secretarial services, directorship services and allow for the usage of its premises as the registered address by its clients. Recent experience includes:
■ Advised on an infrastructure energy lending of USD 21 million by FMO to a locally established hydro power generating company
■ Currently advising a local property management company on the legal requirements of setting up a condominium estate valued at USD 13 million
■ Advised Standard Chartered Dubai on the structuring of its USD 275 million lending to a leading worldwide Agricultural commodities
■ Advised on a Euros. 67 million arbitration against Salini Construction by the Government of Uganda
■ Advised BRAC Finance Uganda Ltd in acquisition of a core banking software system for its banking function valued at USD 6 million
■ Currently working with the Commonwealth Telecommunications Organisation (CTO) in an on-going legal consultancy on behalf of the National Information Technology Authority Uganda (NITA – U) for a gap analysis of the policy, legal and regulatory framework for Uganda’s information and communication technology (ICT) sector

Litigation /Dispute Resolution:
KAA continues to be widely regarded as the top law firm in Uganda in dispute resolution. The litigation team represents its clients in commercial disputes, land disputes, election and constitutional petitions, disputes arising under employment law and taxation, and international arbitration.
■ Successfully represented the national telecom and broadcasting regulatory body, Uganda Communications Commission (UCC) with Attorney General in defending a USD 513 million breach of contract claim against the Uganda Government brought by Traces SA
■ Successfully represented Uganda National Roads Authority in litigation worth 67 million Euros against REYNOLDS
■ Successfully defended MTN (U) Limited in a suit about the legality of mobile money transactions, and had the suit dismissed
■ Successfully defending the President of the Republic of Uganda in three presidential election petitions in 2003, 2006 and 2016
■ Successfully defending the former speaker of the East African Legislative Assembly, Hon. Margaret Zziwa at the East African Court of Justice in the matter regarding her unlawful impeachment
■ Successfully represented ALLMUSS properties Uganda Ltd, a hitherto joint venture in an USD 4.5 miliion dispute against one of the former shareholders
■ Currently, defending Dr. Sudhir Ruparelia in his USD 100 million case against Bank of Uganda

Taxation:
The practice covers the areas of tax planning, taxation disputes, taxation resolution and international taxation advice. KAA also facilitates negotiations with the Uganda Revenue Authority (URA) to settle and resolve tax disputes before the Tax Appeals Tribunal and courts of higher jurisdiction. The firm ensures that tax disputes are resolved in the quickest possible time, allowing its clients to focus on other aspects of their businesses. Recent experience includes:
■ Successfully represented Tullow Uganda Operations Pty Limited in a USD 490 million dollar tax dispute against URA before Commercial Court of Uganda, revolving around Capital gains tax arising from disposal of interest in oil blocks
■ Represented MTN in a UGX 900 million customs tax dispute against Uganda Revenue Authority challenging the valuation and reclassification of network rollout equipment
■ Advised Eskom Uganda Ltd, a power generation company on the pending dispute with Uganda Revenue Authority in respect of eligibility to claim capital allowances on assets that came into use after the concession date with the Government of Uganda
■ Advised Petro (U) Ltd and successfully represented them in court in resolving a UGX 1.3 billion Value Added Tax assessment related to the disposal of its assets during the restructuring of the company
■ Represented UMEME Ltd(Power Distribution Co.) in a USD 33.8 million dispute against URA before the Commercial Court regarding the taxability of assets that were passed over from government to the Co. under a concession agreement
■ Appearing on behalf of National Social Security Fund in a UGX 89 billion dispute on whether interest paid to members of the fund is an allowable deduction in assessment of income tax

Debt Collection & Credit Management:
The practice supports businesses in the management and recovery of their receivables portfolios. It specialises in serving debt notices, negotiating debt settlement or recovery options. KAA also provides legal action for recoveries and assists in negotiations with the Uganda Revenue Authority on write-offs for debts that cannot be recovered. The practice assists with collection of VAT refunds from authorities in respect of unrecoverable debts. The firm has had considerable success in the management of a multi-billion Uganda Shilling receivables portfolio for Barclays Bank Uganda, Stanbic Bank Uganda and UMEME Limited and assisted Civil Aviation Authority and Nile Breweries Limited in bringing down their respective debt recovery portfolios.

Banking & Finance:
The practice supports some of the largest commercial banks in the Ugandan economy, including Barclays Bank, Stanbic Bank, East African Development Bank, NC Bank and Standard Chartered Bank. The team has provided project management skills to various banks and international corporations. This team works with credit departments of banks to create, perfect, monitor and enforce collateral securities provided to secure loans and other credit facilities to customers. It also has specialist knowledge of the realisation of securities, especially the disposal of collateral securities. Recent experience includes:
■ Advising the lenders of EUR 300 million facilities to the Government of Uganda for the construction of an international airport
■ Acting as local counsel to Deutsche Bank Group on a USD 200 million loan facility to Africell Holding Limited
■ Advising a project raising, high-impact agri-business fund whose lead financer is the European Union
■ Represented African Export Import Bank in relation to the Revolving Trade Finance Line of Credit facilities worth USD 10 million to Uganda Development Bank
■ Advised Standard Chartered Bank Singapore on Ugandan law relating to structured warehouse financing
■ Advised Stanbic Bank on USD 14 million loan to Gulf Stream Investments to finance the construction of Acacia Mall
■ Advised African Export-Import Bank on a USD 10 million trade facility loan from African to Uganda Development Bank Limited (UDB)

Energy, Mining, Environment & Natural Resources:
The practice deals with licensing and regulatory matters and has experience of practicing environmental law in Uganda. The firm has undertaken assignments involving Environmental Impact Assessments including advisory for the development of hydro power plants and solar farms and also ensuring that various projects comply with the environmental laws in Uganda. The firm is very capable and has acted as legal adviser to a number of renewable energy projects.
■ The firm advised Arpe Limited on the Agago- Achwa hydro power project of 83MW. This project was licensed by the Electricity Regulatory Authority (ERA) and it is still acting for the developer during project implementation
■ Advised Muvumbe Hydro Limited which is owned by Vidullanka Plc Muvumbe Hydro Power Project, of 6.5MW. This project was licensed by the ERA and also qualified for the Global Energy transfer Feed-in-Tarriff Program (GET FiT program)
■ Advised Berkerly Energy Fund on the Achwa HPP3 project of 9.9MW, 7.6 MW and 5 MW
■ Currently advising Absolute Energy on implementation of power projects in various off grid areas in Uganda
■ Advising Oranto Petroleum on the establishment of its operations in Uganda, the content of its Production Share Agreement and assisted them obtain an exploration licence
■ Providing legal services to various multinational petroleum companies including Total E&P, Tullow Uganda Operations (Pty) Limited
■ Acting as the Company Secretary for the Uganda Chamber of Mines and Petroleum
■ Advising foreign companies on their registration onto the Petroleum Authority of Uganda’s National Supplier Database

Contributions

Total 1 contributions

Energy: Oil and Gas 2019 Law and Practice in Uganda

Elison Karuhanga, Kristina Kasibayo, Catherine Nansubuga, Martha Sheila Mutamba

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