Many experiences with distressed businesses in Kenya culminate in a lose-lose scenario in which both creditors and business owners register substantial losses. Despite the attempts by the Insolvency Act 2015 to cure such outcomes by introducing novel approaches such as administration and Company Voluntary Arrangements to rescue distressed companies, the intended effect has proved elusive.
Judy Muigai has expertise in debt restructuring and insolvency, infrastructure and energy projects and tax. Judy has worked on large restructuring and debt recovery matters including a settlement arrangement for a debt of USD70 million owed by a state corporation to a prominent commercial lender and advising leading local banks and a European DFI regarding enforcement options in respect of a large local manufacturer. She has also advised lenders on restructuring the debt for a large urban mixed use real estate development in a neighbouring country including a suite of restructuring agreements and an enhanced security package.
Judy also has experience in supporting public and private sector players regarding energy and natural resource projects including reviewing agreements for geothermal and wind power projects, providing legal opinions, and supporting legal reform initiatives.
Judy’s clients cut across various sectors including oil & gas, aviation, power, healthcare, real estate, and consulting sectors. Prior to joining the Firm, she worked at GE as a Regional Tax Manager and PriceWaterhouseCoopers as an Associate Director.
Experience has included advising:
- On power project agreements in Kenya including hydro power projects, a 50MW wind power project and a 70MW geothermal power plant.
- On reforms to the Mining Code of an Eastern African country and presenting proposals in a Kenyan Mining round table event attended by senior government officials.
- EPC contractors on specific aspects of agreements in respect of projects with the Kenya Airports Authority and the Kenya National Highways Authority.
- On the structure of a large hotel and urban retail developer.
- A large manufacturer and a multinational energy producer on export processing zones and special economic zones.
- On restructuring and debt recovery for local and international secured lenders to a large manufacturing concern in Kenya.
- A global aviation sector player on approval processes and requirements.
- Fellow of the Association of Chartered Certified Accountants (ACCA), 2012
- University of Warwick, LL.M (International Economic Law), 2002
- Keele University, LL.B (Law and Management Science), 2004
- Cornell University, Certificate in Business Strategy, 2015
Prior Experience (Optional)
- 2019 to date, Director, Projects, Energy & Infrastructure, IKM Advocates, DLA Piper Africa in Kenya
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