Dinesh Kapila

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  • Monday To Friday
  • 8:00 am - 5:00 pm

Dinesh Kapila

Dinesh was called to the Bar of England and Wales (Lincolns Inn) and has been practicing law in Kenya for almost 45 years.


His practice spans corporate and commercial matters and he has been instrumental in shaping the country’s overall privatisation strategy as the only non-governmental lawyer appointed to the Parastatal Reform Programme Committee established to ascertain the viability of privatising over 200 state run companies and action those found feasible.


In 1991 he was appointed to the board of Kenya Airways with the mandate to prepare and guide the company towards privatisation. His work was recognised through inter alia the receipt from the World Bank of its Award for Excellence. He served as a non-executive director in interim chairman to the publicly listed airline for 24 years, chairing key committees, including Audit, Risk Management and a special committee set up to manage a rights issue, and key subsidiaries, including Kencargo Airlines, Kenya Airfreight Handling, African Cargo Handling.


Matters on which Dinesh has advised include:

Corporate, commercial, restructuring

  • i. Advising GOK on the restructuring of Kenya Airways with a view towards its privatization.
  • ii. Advising on expansion of Kenya Airways, including acquisition of aircraft and negotiating leasing arrangements.
  • iii. Negotiating terms with Boeing for acquisition of aircraft.
  • iv. Overseeing Kenya Airways’ KES 14bn Rights Issue.
  • v. Advising numerous businesses on expansion and corporate restructuring including Special Steel Mills, Karen Roses, Sarova Hotels, Craft Silicon.
  • vi. Advising on the restructuring exercise to privatise Kenya Posts & Telecommunications Corporation and to establish regulatory framework for the telecommunications sector.
  • vii. Advising the World Bank on the restructuring of the National Cereals and Produce Board.
  • viii. Advising the World Bank on the restructuring of the Kenya Ports Authority.

Infrastructure

  • i. Advising on the framework for providing consulting services for private sector participation in water supply services in Nairobi.
  • ii. Drafting the first proposed concession agreement of an Inland Container Depot.
  • iii. Assisting international parties in their bid to provide legal services as transaction advisors with respect to privatisation of Kenya Railways.
  • iv. Advising a market entrant on its low earth satellite communication project for Africa including on legal requirements for providing service, for interconnect agreements and for operations.

Hospitality

  • i. Assisting with the planning, development and operations of the Grand Regency Hotel through technical service agreements and management contracts.
  • ii. Advising Intercontinental Hotel Group on management and expansion including setting up of a casino.

Finance

  • i. Negotiating loan terms and documentation with US Exim Bank and Afri Exim Bank for acquisition of aircraft.
  • ii. Advising National Oil Corporation of Kenya on its financial facilities and securities.
  • iii. Advising Coffee Board of Kenya on its financial facilities and securities.
  • iv. Acting for numerous banks in the matters of creating securities and implementing recoveries including the Central Bank of Kenya and Deposit Protection Fund.

Regulatory

  • i. Advising the Nairobi Securities Exchange on the formulation of its initial policies, rules and regulations.
  • ii. Advising the Attorney General on updates to laws regarding companies, partnerships, investments and insolvency including the Investment Code.
  • iii. Advising GOK on the Privatisation Bill.
  • iv. Drafting a new commercially oriented Grain Corporation of Kenya Act.
  • v. Drafting a new Kenya Ports Authority Act.
  • vi. Drafting amendments to the State Corporations Act.

Other Team Members