Nelson Ashitiva

Senior Partner & Head of Strategy

+254 722 764732/+254 20 271 0880/+254 20 271 1180

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Money never sleeps, perhaps to keep up with Nelson who answers 3 a.m emails almost instantly. Naturally, he heads our strategy and Business Development teams. Even more remarkable than his ability to function in three time zones is his ability to advance and defend our client’s best interests. We all know that warriors have true grit and Nelson’s grit is exceptionally tenacious.

Nelson’s expertise includes mergers & acquisitions, capital markets, corporate/commercial transactions and investments, in each of which fields he is an acknowledged leading professional. He regularly advises boards of private and publicity listed companies on capital raising, corporate governance, business strategy and listing regulations in Kenya. He is deeply invested in every relationship and is fiercely loyal. His ‘solutions-oriented’ approach has delivered results in stressful conditions under severe time constraints many, many times”

Beyond the law, Ash as his friends would call him, sits on the boards of several charitable causes such as Corner Stone Preparatory, Alternatives Africa, Nafisika Trust and Karibu Children Center. He is also a board member of ESAL Africa, Third Avenue Capital, Afya Swichnet LLP and FAET. Famed for typically visiting the Babar three times a week to monitor his receding hairline, he remains an ardent thespian and is still obsessed with all forms of abstract art.

Acting for Kenya Commercial Bank and the Kenya USA Diaspora Sacco on a members financing scheme of Kshs 20 billion, including drafting the financing agreement and strategic alliance agreement, negotiating the terms with both parties, drafting the template loan security documents.

Acting as local counsel for The Embassy of the Kingdom of The Netherlands in Nairobi (EKN) and the Netherlands Water Partnership in The Hague (NWP) to establish and implement a revolving fund grant to be known as KIFFWA (Kenya Innovative Finance Facility for Water) fund worth EUR. 20 Million to support Kenyan based water projects financially in a sustainable way. KIFFWA co-develops projects with an investment need of between EUR 2 – 200 Million which fall in a variety of water sub-sectors. Ashitiva’s role includes establishing KIFFWA as a company limited by guarantee to setting up its tax strategy, to framing its credit and security documentation policy and due diligence matrix, to establishing template collateral documents to counsel on local law issues pertinent to the loan documentation, advising on the security structure, preparing, stamping and registering the Kenyan security documents and handling closing and post-closing matters.

Acting for Tullow BV Kenya Limited, a British company involved in oil exploration in Kenya with respect to land access policy ranging from acquisition of land interests for purposes of feeder pipelines to oil wells, to central processing facility etc.

Represented a leading media company in the acquisition of FILM Studios Kenya Limited for approximately Kshs. 200 Million. Ashitiva’s role included conducting the due diligence to advising on efficient tax and financial structures affecting the transactions.

Responding to an in depth due diligence on behalf of a leading Media company in respect of the proposed acquisition of 20% stake of their company by a Private Equity firm.

Acting for Mosound Entertainment Limited in the acquisition of a radio and TV broadcasting business worth Kshs. 330 Million. Ashitiva’s role included conducting the due diligence to advising on efficient tax and financial structures affecting the transactions.

Acting for IAF Capital Limited, an independent corporate finance advisory firm and alternative asset manager which is licensed and regulated by the Financial Conduct Authority in the United Kingdom on how to get licensed by the Capital Markets Authority as an Investment Bank.

Representing corporate finance clients such as Umati Capital, United Nations Federal Credit Union and the UN Sacco with respect to their credit policy and security perfection.

Providing independent relationship driven advice and fundraising solutions for our clients.

Acting for Mombasa Medical Epic Centre in fund raising for a hospital facility worth Kshs. 700 Million.

Acting for Mathira Farmers Society the owners of Sukutan ranch measuring 12,876 Acres in the sale of the ranch worth Kshs. 2 Billion. Our role included amalgamation of 3,000 title deeds to three titles, structuring the Sale Agreement, managing undertakings and implementation of the Agreement.

Acting for Butterfly Properties Limited, the developer of a medium-cost housing estate comprising of individual villas, maisonettes and budget apartments, in Ruiru (in the outskirts of Nairobi) including advising on the purchase of 50 hectares of land, equity and debt raising, drafting and negotiating the subscription and shareholders agreement and project and syndication management agreement, assisting in negotiations with the bankers to provide bridge finance, as well as, mortgage finance for buyers and drafting the letter of offer, agreement for sale and lease.

Acting for 312 Kenya Airways employees in an arbitration against EPCO Builders Limited for Pride Park Apartments, a dispute over development worth Kshs. 1.5 Billion. The complex development structure includes approximately 312 built up units. Ashitiva’s role included advisory on the issues in dispute, framing the dispute for arbitration, representing Kenya Airways employees before the arbitrator and securing a favorable award, to establishment of the management company to drafting, stamping and registration of the leases.

In fund management, Ashitiva has provided a range of specialist alternative asset funds, rather than traditional portfolios.

Awards