ALN Academy Podcast

What can we learn from the ICJ cases on genocide?

Wed, 05 Jun 2024 11:00:00 +0300

Welcome to the ALN Academy Talks! In this session, we delve into the topic of genocide cases under the Convention for the Prevention of Genocide. Our discussion covers recent and historic cases, the legal frameworks, and the motivations behind countries bringing these cases forward.

Disclaimer:
This conversation was recorded before the ICJ ruled against provisional measures on the Nicaragua v Germany case on 30 April: https://www.icj-cij.org/sites/default/files/case-related/193/193-20240430-sum-01-00-en.pdf

This conversation was recorded before South Africa filed its newest request for provisional measures and before the Court delivered its order on 24 May: https://www.icj-cij.org/sites/default/files/case-related/192/192-20240524-ord-01-00-en.pdf

Introduction and Panel
o Aisha Abdallah: Director of ALN Academy, specializing in disputes.
o Angeline Welsh: Barrister at Essex Court Chambers, expert in international arbitration.
o Professor Marco Milanovic: Head of Public International Law at the University of Reading, with extensive experience in international criminal law.

Discussion Highlights
o South Africa vs. Israel: Recent case concerning the conflict in Palestine and Gaza.
o Historical Cases: Gambia vs. Myanmar regarding the Rohingya crisis, and the Yugoslavia cases involving Bosnia and Croatia against Serbia.
o Geographical and Jurisdictional Aspects: Why countries like South Africa and Gambia, far from the conflict zones, bring these cases. The concept of "ergo omnes" obligations allowing states to act in the interest of the international community.
o Definition of Genocide: Narrowly defined under the Genocide Convention, focusing on the intent to destroy a group, making it distinct from other crimes.
o Political Motivations: While the court doesn't interrogate political motives, states often have political reasons for filing these cases.
o Procedural Stages: Detailed explanation of the stages in ICJ proceedings, including provisional measures and the long-term process of reaching a final judgment.

Insights and Analysis
o Legal and Political Nuances: The interplay between legal arguments and political contexts in international litigation.
o Effectiveness of Provisional Measures: The significance of interim relief and its impact on international relations and conflict situations.
o Reporting Mechanisms: How the ICJ monitors compliance with its orders through confidential reports from respondent states.

ALN Academy Talks | Gracious Growth

Thu, 09 May 2024 11:00:00 +0300

🌍 Gracious Growth: A Conversation with Professor Paolo Taticchi

In this episode, Professor Paolo Taticchi, a renowned expert in Strategy and Sustainability sits with Aisha Abdallah and shares invaluable insights into corporate sustainability.

Professor Taticchi explains the shift from traditional CSR paradigms to the contemporary focus on Environmental, Social, and Governance (ESG) factors. He draws examples from the transformative journey of energy giant Enel to demonstrate how businesses can navigate towards sustainability, capitalizing on market opportunities while addressing pressing environmental and social concerns. The conversation discusses challenges such as transitioning from fossil fuels to renewable energy sources.
He further sheds light on the global momentum propelling sustainability initiatives, driven by market dynamics and innovative business models. Central to the discourse is the concept of "gracious growth," urging companies to prioritize holistic success encompassing financial prosperity and the well-being of stakeholders.

Professor Taticchi offers pragmatic advice for businesses to embed sustainability as a strategic imperative, transcending compliance-driven strategies and embracing the inherent opportunities in sustainable transformation. This thought-provoking exchange unravels the multifaceted dimensions of sustainability and underscores the urgent need for businesses to adapt and flourish in today's rapidly evolving global landscape.

Watch the full interview:https://youtu.be/7Zi4kM09GBw?feature=shared
Listen to the episode here (Available on all podcast platforms @ALN Academy):https://www.buzzsprout.com/1739846/15032299

🎙️ Speakers:

Professor Paolo Taticchi: Professor in Strategy and Sustainability & School Deputy Director, UCL School of Management
Aisha Abdallah: Director, ALN Academy

ALN Academy Talks: Democracy in Crisis

Fri, 12 Apr 2024 16:00:00 +0300

In this interview, Prof. Luis Franceschi and Aisha Abdallah delve into the pressing issues surrounding the state of democracy worldwide.

Drawing from an in-depth analysis, they examine the weaknesses plaguing electoral systems and processes across the globe, shedding light on prevalent issues such as voter apathy, corruption, voter suppression, and electoral interference. They explore the factors contributing to declining voter participation and the erosion of trust in democratic institutions.

The discussion also scrutinizes the impact of undermining the international rules-based order on democracy and good governance, questioning the effectiveness of international organizations in upholding democratic principles and the rule of law.

Prof. Franceschi and Aisha Abdallah offer nuanced perspectives on the role of military coups as a perceived solution when democracies fail, highlighting the potential consequences and the enduring importance of the fight for democratic governance.

As the world gears up for a series of elections in 2024, the interview assesses the readiness of nations to ensure free, fair, and inclusive electoral processes amidst modern challenges, including cybersecurity threats.

Furthermore, the interview provides actionable insights for individuals, states, and international organizations to promote sound democratic governance, emphasizing the crucial roles they can play in fostering transparency, accountability, and the protection of fundamental rights.

Join this thought-provoking conversation as we explore the complexities of the global democracy crisis and the path forward towards strengthening democratic values and practices worldwide.

Part One: Unlocking Intra-African Trade: AfCFTA, EAC, and Strategic Partnerships.

Thu, 27 Jul 2023 10:00:00 +0300

ALN Academy Talks: Unlocking Intra-African Trade: AfCFTA, EAC, and Strategic Partnerships. We sit down with Daniel Ngumy, Managing Partner at Anjarwalla & Khanna | ALN Kenya, to discuss the latest advancements in trade facilitated by the AfCFTA Agreement, the EAC trading bloc and significant developments in the region, as well as the United States and Kenya Strategic Trade and Investment Partnership.

Daniel specialises in regional and international tax law and has extensive experience in tax disputes and tax transactional matters. He is responsible for co-heading the International Trade Law Practice at the firm and also serves as a Board Member of the Kenya Chapter of the American Chamber of Commerce.

Don’t forget to like, share, and follow to stay updated on the rule of law, governance, and sustainability.

Part Two: Unlocking Intra-African Trade: AfCFTA, EAC, and Strategic Partnerships.

Thu, 27 Jul 2023 10:00:00 +0300

Road to COP28: Key Takeaways from COP27 with Sonal Tejpar

Tue, 16 May 2023 12:00:00 +0300

In this video, Sonal Tejpar provides her insights on the outcomes of COP27 and its implications for Africa. The conference focused on Africa's unique needs, with a major outcome being the establishment of a Loss and Damage Fund. However, financing falls short of Africa's needs, and developing countries expressed concerns about the debt burden of loans.

COP27 recognized the lack of early warning systems in Africa and introduced an initiative to provide universal early warnings by 2027, but the investment required is not yet clear. As the world gears up towards COP28 set for December 2023, the key takeaways for Africa are the urgent need for resources, leadership, and ambition, and the potential of carbon credit markets.

EPC Contracts: Structure, Considerations and Risks

Wed, 29 Mar 2023 14:00:00 +0300

In our previous Masterclass, Ian Gaitta took us through shareholder agreements in detail, their key clauses, and provisions to consider when developing a shareholder agreement. The objective of today’s masterclass is to discuss the role of Engineering Procurement contracts (EPC), the main elements of these documents and how risks are allocated under different EPC structures and considerations that should be made when drafting these contracts.

This Masterclass is part of a series of virtual training that The ALN Kenya | Anjarwalla & Khanna’s Project and Infrastructure Department has prepared on public-private partnerships and project finance. Amyn Mussa is a Partner and Head of the Projects & Infrastructure at ALN Kenya He is a highly regarded energy and projects lawyer in Kenya, ranked in Band 1 in the projects and energy category by Chambers Global 2022. He has developed a dynamic and market-leading energy and projects practice at ALN Kenya and is involved in advising on various matters, including construction and O&M contracts, government contract work, debt and equity financing, and land acquisitions, amongst others.

Please remember to subscribe to our ALN Academy podcast to receive notifications when we upload new episodes. Don't forget to subscribe to our ALN Academy YouTube channel and follow us on social media. Stay up to current on our content by following @alnacademy on Twitter, LinkedIn, and Instagram.

ALN Academy Talks | Rule of Law and Justice in Kenya PART 2

Tue, 28 Mar 2023 10:00:00 +0300

Join us for a conversation with the Hon. Justice Martha Koome, Chief Justice of the Republic of Kenya and President of the Supreme Court of Kenya, as she joins Aisha Abdallah, Director of the ALN Academy, and Karim Anjarwalla, Senior Partner at ALN Kenya, in a discussion on the Rule of Law and Justice in Kenya. In part one of this conversation we discuss the significant priorities and challenges facing the judiciary, including the separation of powers, the role of the judiciary in preserving the rule of law in Africa, diversity and representation in leadership positions, and resource allocation.

ALN Academy Talks | Rule of Law and Justice in Kenya PART 1

Tue, 28 Mar 2023 09:00:00 +0300

Out of Mind MasterClass EP6 : Developing Habits for Happiness

Thu, 19 Jan 2023 10:00:00 +0300

Welcome to the sixth and final episode of the Out of Mind MasterClass Series! In this episode, Thomas Mundia, PCC, Executive Fellow and Coach at Strathmore Business School (SBS) takes us through the following:

-Developing Habits for Happiness

Use this link to watch the full video: https://youtu.be/cfAP-JRbgaU

Use this link to listen to this episode on the podcast. The ALN Academy podcast is available on all podcast platforms: https://lnkd.in/dQb6Qeb5

In our previous episodes, we covered:

-Defining mental health

-The mental health continuum

-Managing an unrelenting workload

-Managing unrelenting deadlines

- Relationships at the workplace

- Developing personal values

Use the link below to listen to the first episode | Mental Health in the Workplace: https://lnkd.in/dmCha5rz

Use this link to listen to the second episode | Managing Workplace Stressors: https://lnkd.in/dre2Hjuu

Use this link to listen to the third episode | Relationships in the Workplace:https://lnkd.in/dUYK5g9m

Use this link to listen to the fourth episode | Developing Healthy Coping Mechanisms:https://lnkd.in/d9ZEEk4x

Use this link to listen to the fifth episode | Personal Values and Happiness:

Don't forget to like, comment, share, and subscribe to our channel for more content on mental wellness.

About the Masterclass:

In a six-episode series, The ALN Academy, in partnership with Strathmore Law School, guides us through a better understanding of mental health and emotional well-being, how having poor mental health can affect us, methods and resources to assist us to improve our mental health, and much more.

About the instructor:

Thomas Mundia, PCC is a UK and USA Certified Emotional, Social, Gender and Moral Intelligence coach and trainer. He has trained across the continent in countries such as Uganda, Ethiopia, Malawi, Botswana, South Africa, Tanzania, Ghana, Rwanda, and Mauritius. Some of his notable clients are the Executive Committee of DFCU Bank Uganda, ABSA Group Senior Management, BOD aBi Development Limited, Safaricom Kenya Senior Management and County Executive Committee Members.

Mr Mundia currently works as an Executive Fellow and Coach at Strathmore Business School (SBS). He is a Professional Certified Coach (PCC) and mentor coach with the International Coaching Federation. He serves on the Africa Executive Coaching Council as well as the Africa Board of Coaching, Consulting, and Coaching Psychology. He is also a part-time senior faculty member of Awaken Coach Institute, where he co-trains in coach certification programmes.

MasterClass on Shareholder Agreements for PPP Projects.

Tue, 17 Jan 2023 11:00:00 +0300

New Podcast Episode! MasterClass on Shareholder Agreements for PPP Projects. The goal of today's masterclass is to provide a deeper understanding of shareholder agreements. Taking us through this is Ian Gaitta, partner at Anjarwalla & Khanna | ALN.
Today's masterclass will cover:
- shareholder agreements in detail
- Key clauses within these agreements
-Provisions to consider when developing a shareholder agreement.

This masterclass is part of a series of virtual trainings on public-private partnerships and project finance over the next few months. Don't forget to subscribe to our podcast if you haven´t already for more content on the rule of law, governance, and sustainability. The ALN Academy podcast is available on all podcast platforms!

About the speaker: Ian Gaitta is a Partner at Anjarwalla and Khanna. He is a corporate commercial lawyer with over 10 years of practice experience. His practice focuses on mergers and acquisitions, private equity transactions, and joint ventures both in the UAE and cross-border transactions with a sub-Saharan Africa focus.

ALN Academy Talks: Navigating the Frontiers of International Cooperation in International Taxation 2

Thu, 12 Jan 2023 11:00:00 +0300

Let's Talk Tax Part 2: Navigating the Frontiers of International Cooperation in International Taxation. In this episode, Abdullahi Ali, Associate at Tax sits down with James Karanja, Head of Transfer Pricing at Anjarwalla & Khanna | ALN, to delve deeper into the tax developments at the international level.

In this part two, they address:
-The key initiatives that have been undertaken to entrench transparency as a central feature through the automatic exchange of information in tax matters;
-Addressing the impacts of harmful tax competition; and
-The role of taxation in supporting the ESG initiatives that have become a critical component of modern-day corporate governance.

Use this link to watch the interview: https://youtu.be/Tx2s4ytvL18

Use this link to listen to this interview on podcast. The ALN Academy podcast is available on all podcast platforms:https://www.buzzsprout.com/1739846/12028563

In part one, they discussed the tax reforms and challenges in Africa, the OECD Inclusive Framework on the Base Erosion and Profit Shifting Project and Africa's role in Tax reform deliberations.

Use this link to watch part one of the interview: https://youtu.be/277_qDuaW6A

Use this link to listen to part one of this interview on podcast. The ALN Academy podcast is available on all podcast platforms:https://www.buzzsprout.com/1739846/11877545

Stay tuned for part two next week and don't forget to like, comment, share and subscribe to our channel for more content.

About the speaker:
James is an international tax expert based in Kenya and the current Head of Transfer Pricing at Anjarwalla & Khanna. He previously led the secretariat of OECD-UNDP Tax Inspectors without Borders, an innovative global capacity-building project targeted at building transfer pricing capacity in developing countries. He has previously served in various capacities within the Kenya Revenue Authority, including as Head of the International Tax Office. He is an Advocate of the High Court of Kenya. He holds a Master's degree in Public Policy and Management from Strathmore University and an LLB (Hons) from the University of Nairobi.

#internationaltax #taxaws #OECD #baseerosion #profitshifting #law

ALN Academy Talks: Navigating the Frontiers of International Cooperation in International Taxation 1

Thu, 15 Dec 2022 15:00:00 +0300

Let's Talk Tax: Navigating the Frontiers of International Cooperation in International Taxation. Abdullahi Ali, Associate, Tax sits down with James Karanja, Head of Transfer Pricing at Anjarwalla & Khanna | ALN, to explore tax developments at the international level. They discuss the fundamental structural reforms proposed in the international tax system to curb base erosion and profit shifting and the role that African countries will play in ensuring the protection of their taxing rights.

In this part one of this interview they discuss:
-Tax Reforms & Challenges in Africa
-The OECD Inclusive Framework on the Base Erosion and Profit Shifting Project
-Africa's role in Tax reform deliberations

Use this link to watch part one of the interview: https://youtu.be/SEXkCWLy3Bk

Use this link to listen to part one of this interview on podcast. The ALN Academy podcast is available on all podcast platforms:https://www.buzzsprout.com/1739846/11771229

Stay tuned for part two next week and don't forget to like, comment, share and subscribe to our channel for more content.

About the speaker:
James is an international tax expert based in Kenya and the current Head of Transfer Pricing at Anjarwalla & Khanna. He previously led the secretariat of OECD-UNDP Tax Inspectors without Borders, an innovative global capacity-building project targeted at building transfer pricing capacity in developing countries. He has previously served in various capacities within the Kenya Revenue Authority, including as Head of the International Tax Office. He is an Advocate of the High Court of Kenya. He holds a Master's degree in Public Policy and Management from Strathmore University and an LLB (Hons) from the University of Nairobi.

#internationaltax #taxaws #OECD #baseerosion #profitshifting #law

Out of Mind MasterClass EP5 : Personal Values and Happiness

Tue, 13 Dec 2022 17:00:00 +0300

Welcome to the fifth episode of the Out of Mind MasterClass Series! In this episode, Thomas Mundia, Executive Fellow and Coach, at Strathmore University Business School takes us through the following:

- Developing personal values
- Understanding our emotions
- Types of emotive responses to stress

Use this link to watch the full video:

Use this link to listen to this episode on the podcast. The ALN Academy podcast is available on all podcast platforms:

In our previous episodes, we covered:

-Defining mental health

-The mental health continuum

-Managing an unrelenting workload

-Managing unrelenting deadlines

- Relationships at the workplace

Use the link below to listen to the first episode | Mental Health in the Workplace: https://lnkd.in/dmCha5rz

Use this link to listen to the second episode | Managing Workplace Stressors: https://lnkd.in/dre2Hjuu

Use this link to listen to the third episode | Relationships in the Workplace:https://lnkd.in/dUYK5g9m

Use this link to listen to the fourth episode | Developing Healthy Coping Mechanisms:https://lnkd.in/d9ZEEk4x

Stay tuned for our final episode, Part six next week, and don't forget to like, comment, share, and subscribe to our channel for more content on mental wellness.

About the Masterclass:

Over the next six weeks, The ALN Academy, in partnership with Strathmore Law School, guides us through a better understanding of mental health and emotional well-being, how having poor mental health can affect us, methods and resources to assist us to improve our mental health, and much more.

About the instructor:
Thomas Mundia is a UK and USA Certified Emotional, Social, Gender and Moral intelligence coach and trainer. He currently works at Strathmore University Business School as an Executive Fellow and Coach. He holds a Master’s in Applied Philosophy and Ethics and currently embarking on his doctoral studies in Virtuous Leadership Coaching in the Workplace based on his WISH model on behaviour change.
Some of his notable clients are the Petroleum Authority of Uganda Board and Management, Executive Committee of Housing Finance Bank Uganda, Executive Committee of I&M Bank Rwanda, Executive Committee of NSSF Uganda, Senior Management of International Livestock Research Institute Ethiopia, Ethiopia Pharmaceutical Supply Agency, Ministry of Lands-Kenya, Board of Directors of Symbion International, Executive Committee of DFCU Bank Uganda, ABSA Group Senior Management, BOD aBi Development Limited, Safaricom Kenya Senior Management, Family Business Owners and Board Members at the Business School Program and County Executive Committee Members. He has trained across the continent in countries such as Uganda, Ethiopia, Malawi, Botswana, South Africa, Tanzania, Ghana, Rwanda, and Mauritius.
He is a certified analyst of leadership assessment tools such as Personal Development Analysis (PDA), Clarity 4D, Extended DISC, and Inventory for Work, Attitudes, and Motivations (IWAM). He is currently a member of the International Coaching Federation as a Professional Certified Coach (PCC) and mentor coach. He s a board member of the Africa Executive Coaching Council and Africa Board of Coaching, Consulting and Coaching Psychology. He is a senior faculty (part-time) at Awaken Coach Institute as a co-trainer in coach certification programs. He is a certified digital coach on various international coaching platforms (UK and Germany).

#values #happiness #emotionalintelligence #mentalhealth #fulfilment #workplace #wellbeing #law

ALN Academy Talks on Rule of Law, Politics and Democracy

Fri, 09 Dec 2022 15:00:00 +0300

Join us on December 8th, 2022, from 3:15 p.m. to 4:45 p.m. as Prof. Githu Muigai, Senior Counsel, Mohammed Muigai LLP, and Karim Anjarwalla, Senior Partner, Anjarwalla & Khanna | ALN, discuss Prof. Muigai's recently published book, "Power, Politics, and Law," as well as the state of democracy and the rule of law in Africa. This event has been organized by the ALN Academy in partnership with Kabarak University Press.

Moderator: Aisha Abdallah, Partner, Anjarwalla & Khanna | ALN

EP 4 Developing Healthy Coping Mechanisms : Out of Mind MasterClass

Mon, 28 Nov 2022 10:00:00 +0300

Welcome to the fourth episode of the Out of Mind MasterClass Series! In this episode, Caroline Karoki, Head of People and Culture at Anjarwalla & Khanna | ALN takes us through the following:

- Workplace stressors in summary

- How do develop healthy coping mechanisms

Use this link to watch the full video:

Use this link to listen to this episode on podcast. The ALN Academy podcast is available on all podcast platforms:

In our previous episodes, we covered:

-Defining mental health

-The mental health continuum

-Managing an unrelenting workload

-Managing unrelenting deadlines

- Relationships at the workplace

Use the link below to listen to the first episode | Mental Health in the Workplace: https://lnkd.in/dmCha5rz

Use this link to listen to the second episode | Managing Workplace Stressors: https://lnkd.in/dre2Hjuu

Use this link to listen to the third episode | Relationships in the Workplace:https://lnkd.in/dUYK5g9m

Stay tuned for part five next week and don't forget to like, comment, share and subscribe to our channel for more content on mental wellness.

About the Masterclass:

Over the next six weeks, The ALN Academy, in partnership with Strathmore Law School, guides us through a better understanding of mental health and emotional well-being, how having poor mental health can affect us, methods and resources to assist us to improve our mental health, and much more.

About the instructor:

Caroline Karoki is a seasoned people and culture professional with over twelve years of experience working in leading professional services firms. She is currently the Head of People & Culture at Anjarwalla & Khanna | ALN, the largest Corporate Law Firm in Eastern Africa, where she also supports teams in Tanzania and Dubai.

#stressors #workplace #healthyhabits #mentalhealth #deadlines #wellbeing #law

EP 3 Relationships in the Workplace : Out of Mind MasterClass

Thu, 17 Nov 2022 11:00:00 +0300

Welcome to the third episode of the Out of Mind MasterClass Series! In this episode, Caroline Karoki, Head of People and Culture at Anjarwalla & Khanna | ALN takes us through:
-Managing unrelenting deadlines
- Relationships in the workplace

Use this link to watch the full video: https://youtu.be/BoRFXqb5D9Q

In our previous episodes, we covered:
-Defining mental health
-Why work has an impact on our mental health
-The mental health continuum
-Workplace stressors
-Managing an unrelenting workload
-Communicating expectations at work

Use the link below to listen to the first episode|Mental Health in the Workplace : https://www.youtube.com/watch?v=hbYL2bNTc4s

Use this link to listen to the second episode|Managing Workplace Stressors : https://www.youtube.com/watch?v=dFam46cjy6I

Stay tuned for part four next week and don't forget to like, comment, share and subscribe to our channel for more content on mental wellness.

About the Masterclass:
Over the next six weeks, The ALN Academy, in partnership with Strathmore Law School, guides us through a better understanding of mental health and emotional well-being, how having poor mental health can affect us, methods and resources to assist us to improve our mental health, and much more.

About the instructor:
Caroline Karoki is a seasoned people and culture professional with over twelve years of experience working in leading professional services firms. She is currently the Head of People & Culture at Anjarwalla & Khanna | ALN , the largest Corporate Law Firm in Eastern Africa, where she also supports teams in Tanzania and Dubai.

Managing Workplace Stressors: Out of Mind MasterClass EP2

Tue, 08 Nov 2022 17:00:00 +0300

Welcome to the second episode of the Out of Mind MasterClass Series! In this second episode, Caroline Karoki, Head of People and Culture at ALN Kenya takes us through:
-Workplace stressors
- Managing an unrelenting workload
- Communicating expectations at work

Incase you missed our first episode, we covered:
-Defining mental health
- Why work has an impact on our mental health
- The mental health continuum
Use the link below to listen now: https://www.buzzsprout.com/1739846/11607071

Stay tuned for part three next week and don't forget to like, comment, share and subscribe to our channel for more content on mental wellness.

About the Masterclass:
Over the next six weeks, The ALN Academy, in partnership with Strathmore Law School, guides us through a better understanding of mental health and emotional well-being, how having poor mental health can affect us, methods and resources to assist us to improve our mental health, and much more.

About the instructor:
Caroline is a seasoned people and culture professional with over twelve years of experience working in leading professional services firms. She is currently the Head of People & Culture at ALN Kenya, the largest Corporate Law Firm in Eastern Africa, where she also supports teams in Tanzania and Dubai.

Mental Health in the Workplace: Out of Mind MasterClass EP1

Tue, 01 Nov 2022 10:00:00 +0300

Welcome to the Out of Mind MasterClass! Over the next six weeks, The ALN Academy, in partnership with Strathmore Law School, guides us through a better understanding of mental health and emotional well-being, how having poor mental health can affect us, methods and resources to assist us to improve our mental health, and much more.

In this video, Caroline Karoki, Head of People and Culture at ALN Kenya takes us through
-Defining mental health
- Why work has an impact on our mental health
- The mental health continuum

Stay tuned for part two next week and don't forget to like, comment, share and subscribe to our channel for more content on mental wellness.

About the instructor:
Caroline is a seasoned people and culture professional with over twelve years of experience working in leading professional services firms. She is currently the Head of People & Culture at ALN Kenya, the largest Corporate Law Firm in Eastern Africa, where she also supports teams in Tanzania and Dubai.

MasterClass on Equity Structuring and Joint Development Agreements for PPP Projects in Africa

Mon, 05 Sep 2022 08:00:00 +0300

Let´s Talk Governance. MasterClass on Equity Structuring and Joint Development Agreements for PPP Projects. The objective of today’s Masterclass is introducing to a greater extent the typical types of finance documents that would be involved in a project finance transaction. This Masterclass is a part of a series of virtual trainings on public-private partnerships and project finance over the next few months. Taking us through this is Ian Gaitta, Partner at Anjarwalla and Khanna.

Today's masterclass will cover:

Basics of equity structuring
Joint Development Agreements/Investment Agreement
Share purchase and subscription agreements

Don't forget to subscribe to our podcast if you haven´t already for more content on the rule of law, governance, and sustainability.

A conversation on financing sustainable projects in Africa

Wed, 27 Jul 2022 16:00:00 +0300

ALN Academy Talks| Financing sustainable projects in Africa. In this episode, Sonal Sejpal Partner, ALN Kenya and Head of Banking and finance sat down with Oliver Phillips, Associate Director of Sustainable Finance at Standard Chartered Bank to discuss sustainability with a key focus on financing sustainable projects in Africa.

In order to fully understand the concept, it is first important to understand what the term ‘sustainable finance’ means and the scope and objectives that are incorporated with it. According to the European Union (EU), sustainable finance refers to the process of taking environmental, social and governance (ESG) considerations into account when making investment decisions in the financial sector, leading to more long-term investments in sustainable economic activities and projects. In Standard Chartered Bank, this objective involves delivering a net zero state from the bank financing by the year 2050 with alignment to its particular ambitions. This means that the lending book is aligned to achieving net zero with the aim of reducing emissions and promoting a green economy. This can only be achieved by maintaining a complete top-down view of all aspects of any business so as to help manage regulatory and compliance risks while also helping clients adhere to ethical and environmental standards.

Sustainable finance and ESG cuts across various banking aspects such as trade finance and derivatives, market issuance, project financing and credit facilities for clients and other market trends. Standard Chartered provides an advisory function to the clients at the onset to strategize plans to narrow their criteria for ESG. In Africa, there is a particular focus on having a ‘just-transition.’ The continent has made significant strides in coming up with strategies aimed at fulfilling the Paris Agreement. However, if this is not done in a responsible and just manner if the climate challenge or climate catastrophe is not dealt with effectively, there is a risk of leaving many people behind and ending up in a world with far more problems.

Financial growth is required to bridge the financial gap that Africa is currently experiencing. Only 10% of the SDGs are funded in Africa, compared to 90% in Europe, underlining the vast imbalance that must be bridged. There is an opportunity for investors to route these funds where they are most needed, such as in Africa, where responsible financing is critical to the continent's overall growth.

Any move to commercialize natural resources must begin with their protection, as there are vital African natural aspects that are often disregarded. Natural forest basins such as the Amazon receive a lot of attention, but the Congo Basin is often overlooked, despite being a massive carbon sink. Monetizing carbon and natural capital more widely have the potential to be extremely beneficial for African governments, corporations, and banks, since it provides a fresh source of debt repayment, particularly at a time when the global economy is in upheaval. Markets in Africa are developing new revenue sources to pay their debt and attract new investors, which increasingly include ESG initiatives. Despite the pitfalls and the challenges in achieving this, there is great potential for monetization of natural resources for the continent.

Interviewee: Oliver Phillips, Associate Director, Sustainable Finance-Standard Chartered
Interviewer: Sonal Sejpal, Partner and Head of Banking and Finance, ALN Kenya

Stay tuned for more content on the rule of law, governance, and sustainability.

A conversation on Governance and COVID-19 in Africa

Wed, 22 Jun 2022 17:00:00 +0300

ALN Academy Talks | Governance and COVID-19. When COVID-19 hit, IGAD collaborated with various partners to bridge the health materials supply gap, enhance access to healthcare services, and aid cross-border communities in Africa. In this episode, Aisha Abdallah, Board Director of the ALN Academy and Partner at ALN Kenya, and Dr Girum Maheteme, Regional Coordinator, IGAD COVID-19 Response, discussed the crucial lessons learned from this pandemic, the necessity for sufficient support from governments within the bloc, and the role that IGAD has played in coordinating the COVID-19 response over the last few years.

Populations living on the border, refugees, migrants, and internally displaced people are usually far from the centres and unable to access the supplies and materials required to safeguard themselves against COVID-19 and other pandemics. Expanding water and sanitation systems and health services as well as having a risk communication strategy and an emergency response system will increase pandemic preparedness.

The IGAD COVID-19 response team continues to work towards the establishment of cross-border committees between the states. They have agreed in partnership with the member states to focus on strengthening health systems in cross-border regions, which includes training and access to necessary resources, without compromising the existing health systems in the member states.

The Intergovernmental Authority on Development (IGAD) is a regional economic community bloc serving eight countries in the Horn of Africa, namely, Djibouti, Eritrea, Ethiopia, Kenya, Somalia, South Sudan, Sudan, and Uganda. Its mission is to work with and supplement the social development agendas of its member countries.

Stay tuned for more content on the rule of law, governance, and sustainability!

A conversation on the rule of law in Africa

Wed, 18 May 2022 10:00:00 +0300

The ALN Academy Talks aims to promote conversations on rule of law and good governance across Africa for the development of the continent. In this episode, we sat down with Aisha Abdallah, Partner at ALN Kenya | Anjarwalla & Khanna and Board Director of the ALN Academy. Aisha heads the Disputes Resolution Department at Anjarwalla & Khanna. She is passionate and well-versed in issues around the rule of law.

The rule of law in general means that there is a predictable legal regime that applies to everyone, and everyone is equal before the law and is protected. The rule of law in Africa is important because it is a way to ensure that we can access our rights and enforce them. Unfortunately, this has not been the case in Africa, as military coups and forced changes in government leadership have been witnessed. On the upside, however, positives such as the first female president in East Africa, Samia Suluhu, and countries such as Rwanda have robust female representation in government.

When it comes to the rule of law and foreign investments, lenders are interested in knowing that when the money they invest in a country is protected, their interests remain protected and that in the event of a dispute, there will be fair treatment accorded to them. For governments trying to attract investment, the comparison measure is the country's status in terms of the rule of law.

Lawyers operate in a legal context. If they don't work to improve the rule of law, they undermine their relevance. The responsibility, then, falls on legal practitioners to keep the government accountable with regard to the promotion of the rule of law.

In a nutshell, sustainable solutions for Africa that advance the rule of law need to be explored. What works for first-world countries may not necessarily work for Africa.

MasterClass | Introduction to Project Financing for PPP Projects in Africa

Wed, 04 May 2022 15:00:00 +0300

ALN Kenya | Anjarwalla & Khanna’s Project and Infrastructure Department has prepared a series of virtual trainings on public-private partnerships and project finance over the next few months.

This series will explore, at an intermediary level, various project contracts and their interface.

The aim of this MasterClass is to provide an introduction to project finance, its fundamental distinctions from corporate financing, and to look at two case studies that put the topic in context.

About the speaker: Amyn Mussa is a Partner and the Head of the Projects & Infrastructure Department at A&K and is generally considered the leading energy and projects lawyer in the country. He specialises in energy, projects, infrastructure, natural and renewable resources, as well as real estate and privatisation.

A conversation on renewable energy, green energy and energy efficiency in Africa

Wed, 13 Apr 2022 14:00:00 +0300

The ALN Academy Talks aims to promote conversations on rule of law, governance and sustainability for the development of Africa. In this episode, we partnered with the French Chamber of Commerce in Kenya and focused on renewable energy and particularly on the support that the French government is providing to Africa to promote green energy and energy efficiency, the role that French financiers and developers play in the development of the renewable energy sector in Africa and on the lessons that are to be learnt by African governments and policymakers based on the policies and strategies that have been developed by a number of European countries to promote renewable energy.

As platforms to trade carbon or REDD credits continue to grow and develop in the West, what opportunities does Africa have to participate in and earn revenues from these activities? Carbon or REDD credits are a promising source of funding for renewable energy projects (and other green projects). With the ongoing and projected increase of the price of the credits and a stronger/easier certification process, the financing potential can increase. The recent and ongoing debate about the renegotiations of the Power Purchasing Agreement has shown that just adding renewable energy generation to the grid is not enough for a sustainable energy transition. The situation of the electricity system is very different in Europe compared to African countries. The main difference would be the existence of a Power market in Europe.

The French Group for Renewable Energies and Sustainable Cities in May 2016 in Nairobi by the French Minister of Environment and Energy has almost 200 members, private companies, and public agencies coordinated by the French Embassy in Nairobi.

France has been a historic partner in supporting countries across Africa in Renewable Energy. The French development agency, AFD has notably supported Kenya to build a more sustainable energy sector. With over 1 billion EUR of completed and ongoing financings.

Interviewee: Mathieu Ecoiffier, Regional Counsellor for Sustainable Development East Africa and Indian Ocean, from the French Treasury and Lead of the Club EnR Ville Durable
Interviewers: Amyn Musa, Partner at ALN Kenya | Anjarwalla & Khanna and Head of the Projects and Infrastructure Department of the firm,
Angelica Gutierrez Galvis, Head of the ALN Academy

A conversation on Women and Succession in Kenya with Mona Doshi

Tue, 22 Mar 2022 16:00:00 +0300

In this episode, Mona K. Doshi, Partner, Co-head of the Private Practice Department at ALN Kenya | Anjarwalla & Khanna and Director of Adili Fiduciary Services, spoke on gender and succession with the particular aim of raising awareness on women's succession rights in Kenya.

The legislation gives women equal succession rights and thus women need to be aware of their rights so that they can take care of themselves and their families. Women should learn to invest, manage finances, understand ownership of land and how to operate bank accounts. All children of a deceased parent have equal rights and are entitled to the deceased’s properties regardless of whether male or female.

The ALN Academy Talks aims to promote conversations on rule of law, governance, and sustainability for the development of Africa and one of its core focus is gender.

Interviewer: Angelica Gutierrez Galvis, Head of the ALN Academy
Interviewee: Mona K Doshi, Partner, Co-head of the Private Practice Department at ALN Kenya | Anjarwalla & Khanna and Director of Adili Fiduciary Services

MasterClass | Risk Allocation to the success of PPP Projects in Africa

Wed, 02 Mar 2022 08:00:00 +0300

Welcome to the ALN Academy podcast. In our previous MasterClass, Amyn Mussa provided an introduction to the foundational principles of PPPs and project financing and to the integral role of contracts in the structuring of PPP projects. The objective of today’s MasterClass is to introduce participants to the importance of proper risk allocation to the success of PPP projects.

This MasterClass is part of a series of virtual trainings that The ALN Kenya | Anjarwalla & Khanna’s Project and Infrastructure Department has prepared on public-private partnerships and project finance.

About the speaker: Amyn Mussa is a Partner and the Head of the Projects & Infrastructure Department at A&K and is generally considered the leading energy and projects lawyer in the country. He specialises in energy, projects, infrastructure, natural and renewable resources, as well as real estate and privatisation.

Preventing bribery and corruption in Kenya

Fri, 04 Feb 2022 14:00:00 +0300

The ALN Academy Talks aims to promote conversations on rule of law and good governance across Africa for the development of the continent. We were delighted to host, Luisa Cetina, Director at ALN Kenya | Anjarwalla and Khanna who spoke on the recent guidelines issued by the Attorney General of Kenya for the preparation of procedures for the prevention of bribery and corruption in the country.

The requirement on public and private entities to put in place procedures for the prevention of bribery and corruption is an obligation imposed by the Bribery Act. The Act provides that where a private entity fails to put in place the necessary procedures to prevent bribery and corruption and that failure is proved to have been committed with the consent or connivance of a director or senior officer of the entity, then that director or senior officer shall be liable upon conviction.

Some of the salient features of these guidelines include various aspects of the guidelines that stand out. First is the requirement for entities to assess and map out bribery and corruption-related risks within their operations and develop a plan to mitigate those risks. Secondly, entities are required to have reporting mechanisms that facilitate timely reporting, access to reporting channels, confidentiality and the protection of whistle-blowers, informants, and witnesses. Lastly, there is a requirement to have a framework that allows for the protection of whistleblowers, informants and witnesses. This partly includes maintaining the confidentiality of the identity of whistle-blowers, informants and witnesses, the details of the bribery or corruption report, and the sources of information relating to the bribery or corruption report.

Members of any organisation should feel safe and have a work environment that allows any potential witnesses or whistleblowers to confidently come up and report cases of bribery and corruption. Action should be taken against those who breach laws/policies relating to the prevention of bribery and corruption.

The National Assembly has published the Whistleblower Protection Bill,2021. The Bill principally seeks to set out procedures for disclosing information on improper conduct within the public and private sectors and provide for a legal and institutional framework for the protection of whistleblowers. The Bill is still undergoing the legislative making process further details shall be provided once it is enacted into law.

ALN Kenya | Anjarwalla & Khanna, through its Dispute Resolution and Forensics and Investigations teams, has extensive experience providing investigatory, legal and advisory support to clients about Anti-Corruption and Bribery matters such as the development and implementation of prevention procedures in line with the statutory compliance obligations, as well as assistance to clients on their risk assessment, management and mitigation processes. Additionally, through Adili Trust One Limited one of ALN Kenya | Anjarwalla and Khanna’s affiliates, it provides state of the art whistleblowing services for entities.

The fight against bribery and corruption across Africa is a priority for national governments as well as international investors. Corruption is viewed as a cross-border issue and countries are cooperating via mutual legal assistance to fight against it. Foreign investors and companies operating in Africa have to comply with laws governing bribery and corruption or risk criminal sanctions and reputational damage.

Education is key in promoting the rule of law in Africa

Fri, 04 Feb 2022 12:00:00 +0300

The ALN Academy Talks aims to promote conversations on rule of law and good governance through education across Africa for the development of the continent. We are delighted to invite you to listen to an interview with Rosa Nduati-Mutero, Partner at ALN Kenya | Anjarwalla and Khanna where we focused on rule of law and education in the frame of the ALN Kenya-CSR anchor event which took place at the Hope For Orphans Rescue Centre (HOREC) in Nairobi. Rosa is also the Head of CSR from the firm.

Education promotes the rule of law and a culture of lawfulness by encouraging learners to value and apply the principles of the rule of law in their daily lives. Supporting learners to move from ‘learning about the rule of law and the different forms of risks of crime to ‘learning to’ act, by committing to values and responsibilities based on human rights, being compelled to make informed decisions.

The rule of law is fundamental to all aspects of society, both public and private, shaping the way individuals interact with each other and with public institutions in all sectors of society, forging relationships of trust and mutual accountability.

ALN strives to ensure that through its CSR and Pro Bono initiatives, it promotes the culture of giving back and contributes towards a positive social change for the development of Africa.

Interviewee: Rosa Nduati-Mutero, Partner ALN Kenya | Anjarwalla & Khanna
Interviewer: Imelder Opiyo, ALN Academy Team
Presenter: Angelica Gutierrez Galvis, Head ALN Academy

MasterClass | Introduction to public-private partnerships (PPPs) and project finance

Sun, 05 Dec 2021 22:00:00 +0300

This session conducted by Amyn Mussa, will provide an introduction to the foundational principles of PPPs and project financing and to the integral role of contracts in the structuring of PPP projects. Through this training, participants will gain a deeper understanding of drafting and negotiating various contracts typically used in large-scale project finance transactions, common forms of government support and credit enhancement, key principles of risk allocation, and the mainland and tax considerations to keep in mind when structuring projects.

Amyn Mussa is a Partner at ALN Kenya | Anjarwalla & Khanna and Head of Practice of the Projects and Infrastructure Department. His Department has prepared a series of virtual trainings on public-private partnerships and project finance. This series will explore, at an intermediary level, various project contracts and their interface.

Steps for NGO's to be Compliant and Risks such as Corruption in Africa

Mon, 15 Nov 2021 14:00:00 +0300

NGOs are not immune to compliance risk; compliance needs to be structured to reflect the NGOs’ mission. Financial control is key for the sustainability of NGOs, regulatory enforcement needs to be unpacked, and NGOs should understand the political context and the challenges such as corruption.

Listen to Kristoffer Wallace, Head of Audit of IFRC, Willie Oelofse, Director at ALN Kenya | Anjarwalla & Khanna and Aisha Abdallah, Partner at ALN Kenya | Anjarwalla & Khanna advising on steps for NGOs to be compliant and challenges that they face such as corruption at the past ALN Academy Webinar "The A-Z of Compliance for NGOs" hosted by The ALN Academy and the Thomson Reuters Foundation.

A conversation on Gender and Rule of Law in Africa with UN Women Regional Director

Tue, 09 Nov 2021 14:00:00 +0300

The ALN Academy was delighted to host Dr Maxime Houinato, Regional Director Un Women for East and Southern Africa on the efforts of UN Women in strengthening the rule of law for women in the African continent, particularly referring to the study on the “Impact of COVID-19 on Gender Equality and Women’s Empowerment in East and Southern Africa” written by UN Women.

Interviewers: Aisha Abdallah, Partner, ALN Kenya | Anjarwalla & Khanna, Angelica Gutierrez, Head of the ALN Academy
Interviewee: Dr Maxime Houinato, Regional Director UN Women East and Southern Africa

MOSTRAR MENOS

The A to Z of Compliance for NGOs in Africa Webinar

Tue, 29 Jun 2021 03:00:00 +0300

The ALN Academy and the Thomson Reuters Foundation were delighted to host “The A to Z of Compliance for NGOs” Webinar. The impressive line-up of high calibre speakers discussed the importance of compliance for NGOs, which policies should be implemented and which procedures, bribery and anti-corruption policies and risks to be considered. Listen to this episode for a holistic approach to regulatory compliance for NGOs in Africa.

Speakers:

Aisha Abdallah, Partner ALN Kenya|Anjarwalla & Khanna, Board Director ALN Academy
Willie Oelofse, Partner ALN Kenya | Anjarwalla & Khanna
Oluseyi Oyebisi, Executive Director, Nigeria Network of NGO’s
Kris Wallace, Head of Audit, IFRC
Shalom M. Ndiku, Legal Programme Manager, Africa, Thomson Reuters Moderator
Angelica Gutierrez, Head of the ALN Academy, MC/Host

A conversation on Trade Kenya-UK EPA Part 2

Thu, 03 Jun 2021 10:00:00 +0300

The ALN Academy Talks aim to promote conversations on rule of law in Africa. Today, we focus on trade and, in particular, on the Kenya-UK Economic Partnership Agreement (EPA), which was ratified in March of this year. We had the honour to interview on this topic Daniel Ngumy, Partner, and Luisa Cetina, Director, at ALN Kenya | Anjarwalla & Khanna, who co-head the firm’s newly launched International Trade Law Practice. In a two-part interview, Daniel and Luisa take us through the key aspects of this agreement.

In Part 2, Luisa Cetina, takes us through the key objectives and implications of the Kenya-UK EPA, the bilateral route, balance and equity for African countries when negotiating with major political powerhouses, the extent of a more favourable treatment, sustainable agricultural development and the EPA’s correlation with other regional trade agreements, such as the AfCFTA.

A conversation on Trade Kenya-UK EPA Part 1

Thu, 03 Jun 2021 10:00:00 +0300

In Part 1, Daniel Ngumy, highlights the key areas of economic cooperation development, the EPA’s support to the private sector, the political and economic impacts of this agreement, the positive trade balance for Kenya, the trade relationship between Kenya and the UK and the key aspects of taxes under this agreement.

Health Matters: A conversation on Mental Health for Lawyers

Wed, 19 May 2021 18:00:00 +0300

The current pandemic has affected the dynamics of works, families and human interactions. In this session, we discussed how it has particularly impacted the lawyers. Mental health remains a taboo according to many and in May the ALN Academy together with the ALN Series were extremely honoured to host two outstanding leaders in the legal profession here in Africa, Dr Peter Kwenjera, Dean of the Strathmore Law School and Karim Anjarwalla, Managing Partner at ALN Kenya | Anjarwalla & Khanna.

This session addressed some of the key aspects of the book “Learning to Live, Rest and Let Go” written by the psychiatrist Dr. Fernando Sarrais and some of the main strategies on how law firms tackle these issues in times in which uncertainty, stress and anxiety can have an impact in the profession. The key question is, how do we build back, find balance and accustom to the new normal.

A conversation about Gender, Law and Development with The Rt Hon Patricia Scotland QC

Tue, 23 Mar 2021 13:00:00 +0300

ALN Academy’s Talks
Interviewee: The Rt Hon Patricia Scotland QC, Secretary-General of the Commonwealth
Interviewers: Angélica Gutiérrez, Head of the ALN Academy; Aisha Abdallah, Board Director, ALN Academy; Partner ALN Kenya | Anjarwalla &Khanna
9 March 2021

The ALN Academy in partnership with ALN Kenya | Anjarwalla & Khanna Leading Women Series were delighted to host The Right Honourable Patricia Scotland QC, Secretary-General of the Commonwealth who inspired us with her story as an outstanding leading woman with an in-depth record of initiatives to promote the rule of law, particularly in the African continent.

She spoke about the link between law and development, gender equality and violence, challenges facing women in Africa and the Commonwealth strategies in supporting the continent.