forensics, risk & compliance for non-profit …

ALGERIA

CÔTE D’IVOIRE

ETHIOPIA

GUINEA

KENYA

MADAGASCAR

MALAWI

MAURITIUS

MOROCCO

NIGERIA

RWANDA

SUDAN

TANZANIA

UGANDA

ZAMBIA

UAE

FORENSICS, RISK & COMPLIANCE FOR NON-PROFIT ORGANISATIONS AND DEVELOPMENT PARTNERS

ANJARWALLA & KHANNA - FORENSIC, RISK AND COMPLIANCE FOR NON-PROFIT ORGANISATIONS AND DEVELOPMENT PARTNERS 1

“ALN [covers] an expansive and growing number of jurisdictions in Africa. It has a broad coverage of the Sub-Saharan region and continues to expand its reach with the addition of member firms in francophone and North Africa. [ALN] offers clients engaging in pan-African cross-border matters a single integrated service with deep local knowledge.” – Chambers Global

A&K Tanzania

ANJARWALLA & KHANNA - FORENSIC, RISK AND COMPLIANCE FOR NON-PROFIT ORGANISATIONS AND DEVELOPMENT PARTNERS2

ANJARWALLA & KHANNA

ALN KENYA

ALN Kenya | Anjarwalla & Khanna (ALN Kenya) is East Africa’s largest full-service law firm. We were founded in 1954, and as Kenya has evolved, so have we. We now employ over 100 lawyers and have expanded our footprint to Dar es Salaam, Tanzania and Dubai, UAE, making us the first African firm to be licensed in UAE. Along the way we have established trusted partnerships with our clients, working alongside them to guide and advise.

In response to the market and as more clients asked us to take care of cross-border matters, in 2004 we founded ALN, an integrated alliance of the most respected law firms in 15 African countries and the UAE to give us the agility and expertise to operate locally and across the pan African socio-political environment.

Our clients can call upon specialists that span the legal spectrum, and as Africa is propelled on to the world stage, ALN’s internationally qualified lawyers and sector specialists combine their global perspective with local expertise to help clients navigate new territories and capitalise on future opportunities.

Our firm has developed expertise in the following areas:

• Banking, finance and insolvency

• Corporate M&A

• Capital markets

• Commercial

• Competition

• Data protection

• Dispute resolution

• Distress and recovery

• Employment

• FinTech

• Forensics, risk and compliance

• International trade

• Intellectual property

• Private clients

• Projects and infrastructure

• Real estate and construction

• Tax

Our expertise has been recognised by a number of awards, such as the African Law Firm of the Year-Large Practice Award at the African Legal Awards, won five times since they were launched in 2013, including in 2020.

In addition, the firm was named Kenya Law Firm of the Year at the Chambers Africa Awards 2021, Law Firm of the Year in Kenya at the inaugural IFLR Sub-Saharan Africa Awards 2020, and Large Law Firm of the Year 2020 and 2019 at the Law Society of Kenya Nairobi Branch Legal Awards. The firm is currently ranked first in Kenya by various international legal directories, including Chambers Global, IFLR1000 and Legal 500.


ABOUT

ALN

ALN is an integrated alliance of the most respected full-service, corporate law firms in 15 African countries: Algeria, Côte d’Ivoire, Ethiopia, Guinea, Kenya, Madagascar, Malawi, Mauritius, Morocco, Nigeria, Rwanda, Sudan, Tanzania, Uganda and Zambia. ALN also has a regional office in Dubai, UAE, which serves as a gateway to the Gulf region and beyond.

ALN firms work together providing clients with seamless and effective legal, advisory and transactional services across Africa. The alliance blends deep local knowledge and shared sector-specific skills to successfully navigate locally and across borders.

In 2020 ALN won the Africa Network/Alliance of the Year at the inaugural IFLR Sub-Saharan Africa Awards in recognition of its legal innovation in cross-border transactions and a similar award at the 2018 African Legal Awards hosted by the UK’s Legal Week. Chambers Global has consistently ranked the ALN alliance as Band 1 in the Leading Regional Law Firm Networks – Africa-wide category.

4 ANJARWALLA & KHANNA - FORENSIC, RISK AND COMPLIANCE FOR NON-PROFIT ORGANISATIONS AND DEVELOPMENT PARTNERS

FORENSICS, RISK &

COMPLIANCE Key Services

We advise non-profit organisations and development partners, entities that can adopt different forms of registration, including societies, foundations, trusts, national and international NGOs, and companies limited by guarantee. We provide support before, during and after an adverse event, by drawing on expertise in the following areas:

Corporate intelligence and due diligence

Crisis and risk management

Cyber security and data protection

Financial assurance in grant management

Forensic advisory and compliance

Forensic Investigations

Forensic technology services

Whistleblowing

People, assets, operations and brand are protected.


FORENSICS, RISK &

COMPLIANCE

Corporate Intelligence and Due Diligence

Services

We help our clients identify possible issues that could expose them to reputational damage, regulatory sanctions and other risks. By gathering and interpreting corporate intelligence information, we help non-profit organisations to effectively manage their relations with individual and institutional donors, partners and communities. Our capability to gather intelligence stretches across various jurisdictions and media.

Crisis and Risk Management

We equip organisations with appropriate systems and their staff with the right skills to quickly identify and respond to crisis situations in order to mitigate or reduce their impact. The crisis management strategies we develop together with our clients take into account all aspects of the organisation’s operating environment guided by emerging social, legal and sector issues. Our approach considers systemic failures leading to crises, as well as the public relations and legal support mechanisms needed to control their impact and prevent recurrence.

The ability to manage crises and adverse events effectively is the result of an in-depth understanding of risk. We have the experience needed to turn adversity into opportunity while protecting our clients’ people, assets, operations and brand.

We work closely with leadership teams to deploy effective crisis management frameworks. Together, we design plans and procedures covering risk identification, measurement and assessment,

mitigation, reporting and monitoring, and governance.

Cyber Security and Data Protection

Cyber security is a constant threat for many organisations in the form of data and money theft, piracy and numerous other crimes. For this reason, we work with our clients to develop risk-reducing measures related to online security. Our services in this regard include:

• Uncovering negative campaigns

• Data leakage assessments

• Active threat intelligence

• Cyber forensics

Financial Assurance in Grant Management

Our team helps institutional donors, fund managers and non-profit organisations to effectively manage grants by equipping them with the skills and tools to anticipate and mitigate the risk of financial mismanagement and misuse of funds.

We ensure compliance with fundraising, revenue generation, management of charitable funds, and assets. The auditing and investigative strategies we develop for organisations comprise reliable financial reporting systems and review mechanisms to verify the utilisation of funds. We also develop structured processes to establish and demonstrate the integrity and validity of financial transactions at every stage of project implementation.


Forensic Advisory and Compliance

We design and implement plans to reduce the risk of financial crime and of failure to comply with regulatory requirements. Our strategy is tailored to develop risk management frameworks that are holistic, cost effective and sustainable. In this regard, we provide the following services:

• Preparation and implementation of fraud risk management, anti-bribery and anti-corruption policies and procedures

• Regulatory and statutory anti-bribery compliance advice

• Advice and training on anti-money laundering compliance and reporting obligation

• Assessment of financial crime units and functions

• Advice on Know-Your-Client (KYC) requirements

• UK Bribery Act and Foreign Corrupt Practices Act (FATCA) risk assessment

• Advice on the best business practices and implementing internal codes of conduct

• Internal assessments and formulation of tailored risk strategies focusing on the prevention and detection of economic crimes

• Advice on privacy, confidentiality and liability

• Registration and de-registration; partners and

affiliates

• Tax status for any type of public benefit organisation.

Forensic Investigations

We investigate allegations of financial crime, misconduct and non-compliance. We understand the importance of a swift approach to such investigations to protect people, assets, operations and brand reputation. This is why we walk closely with our clients at every stage of the investigative lifecycle for a comprehensive response to:

• Financial crime - fraud, bribery and corruption, money laundering, terrorist financing and anti-trust

• Whistleblower reports

• Asset misappropriation

• Regulatory non-compliance

• Damage quantification

• Internet and ecommerce fraud

• Data leakage

• Safeguarding


Forensic Technology Services

We assist organisations to rapidly collect and analyse the data needed for regulatory and internal reviews in the settlement of disputes. For these purposes, we identify, collect, process and produce electronically-stored information in a manner that is admissible as evidence in courts, tribunals and arbitration authorities. On this note, our services include:

• Forensic investigation – using imaging technologies to gather evidence

• eDiscovery – identifying, collecting, reviewing and disclosing relevant data

• Managed review services – review of documents and data evidence by expert attorneys and other specialists

Whistleblowing

We help organisations to detect and respond to non-compliance issues through the establishment of effective whistleblowing strategies. We develop systems for confidentially channelling sensitive information to people or teams that can remedy the situation quickly and avoid escalation into serious problems. Our development of whistleblowing strategies includes:

• Assessment of policies

• Assessment of existing whistleblowing platforms

• Provision of an effective whistleblowing solution

• Review of reporting structure and effectiveness to address reported issues

• Review of safeguarding strategies

• User awareness sessions

• Investigation of reported issues


Our Experience

The Forensics, Risk and Compliance team has provided services to many national and international non-profit organisations and development partners in their effort to manage financial, misconduct and reputational risks. Some examples include:

Our Forensics, Risk and Compliance Team provides services and equips non-profit organisations and development partners with the tools and skills needed to manage risk and to prevent, detect, investigate and respond to adverse events in order to best protect their people, assets, operations and brand.

Investigations for The International Federation of the Red Cross and Red Crescent Societies (IFRC) under a two-year framework agreement starting in 2020.

Corporate intelligence engagements for various clients, involving background checks on target entities and individuals. We obtained valuable information on the profiles of each target that assisted in decision making and key risk reporting.

Investigations into allegations of fraud, corruption, harassment and mismanagement contracted by several international non-profit organisations and development partners. We achieved success through the analysis of financial claims, and management and compliance to third party agreements. Other areas of review included governance and internal control as well as project expenditure, procurement, tax payments, cash and asset management. In all cases, we used forensic techniques and technologies to recover and secure evidence of irregularities and support the prosecution of those found culpable.


TALK

TO US

From real-time crisis response and recovery to crisis management planning, from risk identification to risk governance, our Forensics, Risk and Compliance Team is ready to help you protect your people, assets, operations and brand. We combine legal, accounting, communication, technological and organisational development strategies to provide you with a tailored set of services which cover incident detection, investigation, response and prevention.

We are also available immediately to act on recommendations from any compliance or investigative engagements, including:

• Civil proceedings

• Disciplinary actions

• Criminal actions

• Remedial actions


AWARDS &

RECOGNITION

KEY

CONTACTS

Willie OelofseDirector

ALN Kenya | Anjarwalla & Khanna

E: [email protected]

Willie heads the firm’s Forensics, Risk and Compliance

department. He has over 25 years’ practical

experience in forensic assignments covering various

jurisdictions and industries and has successfully

advised organisations in addressing complex matters

on the risk of fraud, corruption and non-compliance

in both private and public sectors.

During the seven years prior to joining ALN Kenya,

Willie headed up the forensic teams at two of the

Big Four accounting and auditing firms where he

had overall responsibility for developing the firms’

forensic offering across East Africa.

Monica BlagescuSenior Specialist Advisor



Monica is a non-profit executive with 20 years

of experience in international development and

humanitarian emergencies, having held leadership,

operational management and policy roles for non-

governmental organisations, bilateral donors and

the UN. She brings to ALN expertise in effectiveness,

accountability and impact for social purpose

organisations, and has considerable experience as

an advisor and practitioner on due diligence, quality

assurance, standards compliance, risk and crisis

management, including safeguarding.

Having worked for both funders and funding

recipients, Monica takes a pragmatic and

improvement-focused approach to her advisory work,

which places risk in the context where organisations

operate and considers responsibilities across the

entire supply and delivery chain. Her solutions often

link policies, procedures and practice to governance,

leadership and culture, so that non-profits are the

best they can be at detecting, investigating and

responding to risk and serious incidents in order to

maximise impact at a time of diminishing resources.

Most recently, Monica was Director of Programmes

at the Disasters Emergency Committee in the UK,

overseeing a funding portfolio of £160M across 16

countries. A Board member and strategic advisor to

international NGOs and networks, Monica is also

a member of UK’s Humanitarian and Stabilisation

Operations Team.

Sonal SejpalPartner



Sonal is a Partner at ALN Kenya and has been with the

firm for over 23 years. She heads the firm’s Banking,

Finance and Insolvency practice. She has considerable

experience in banking and finance, including advising

local and international banks, financial services

firms, FinTech companies and a broad range of

lenders and borrowers, amongst others, in areas

such as financial services regulation, bank regulatory,

transactional and compliance matters, syndicated

financing, bond issuances and debt restructurings.

Sonal also has considerable experience in aviation

finance, project finance, restructurings, insolvency,

corporate commercial matters and employment. She

is a Solicitor of the Supreme Court of England and

Wales, an Advocate of the High Court of Kenya and a

licensed Insolvency Practitioner in Kenya (one of only

two lawyers in the entire country to have qualified as

such). Sonal also provides support to A&K Tanzania,

A&K’s affiliate firm in Tanzania and is recognised for

her expertise in Tanzanian law.

Sonal is a regular speaker at seminars on various

aspects of banking and commercial law, including

seminars organised by the UK-based Loan Market

Association. She is the Chairperson of the British

Chamber of Commerce and has until recently sat on

the Board of Directors of both Liberty Life Insurance

and Heritage Insurance. She is also ranked as a

leading lawyer in Kenya by Chambers Global, IFLR

1000 and Legal 500.

Rosa Nduati-MuteroPartner



Rosa is a Partner in the Corporate department at

ALN Kenya. She advises clients on capital markets

transactions, merger and acquisitions, commercial,

regulatory and compliance issues. Rosa also

specialises in corporate governance and employment

law. Rosa is a frequent speaker at legal and business

conferences, including speaking at the 4th Annual

Africa Insurance and Reinsurance Conference, the

Lewis Silkin Europe Middle East and Africa Club’s

Sub-Saharan African Comparative Employment Law

Seminar in London and an African Insurance M&A

round table discussion organised by Debevoise

& Plimpton in London and New York. Rosa has

published various articles in the local newspapers on

the Companies Act law in Kenya.

Leading worldwide legal directories consistently

recognise Rosa as a leading lawyer. She is well

regarded for her involvement in sophisticated

transactions by Chambers Global. Clients describe

her as “sharp and hard-working.” Rosa was rated

one of the region’s “top women under 40” by Kenya’s

leading business newspaper, Business Daily. In

addition to being an Advocate of the High Court

of Kenya, Rosa is a practising public secretary and

qualified to be a certified public accountant.

Aisha AbdallahPartner



Aisha heads the Disputes Resolution department

at Anjarwalla & Khanna (A&K), covering offices

in Nairobi and Mombasa. Her practice focuses on

commercial litigation, with a particular emphasis on

fraud, economic crime and disputes over land, the

environment and natural resources.

Aisha is dual qualified as an Advocate of the High

Court of Kenya and Solicitor of England and Wales.

She joined A&K from Shoosmiths in the United

Kingdom in 2012 and has substantial experience in

complex, high value cross border litigation.

Aisha was appointed to the MARC Court in 2017, the

ADR arm of the Mauritius Chamber of Commerce

and Industry, alongside some of the world’s most

eminent arbitration experts. She is the lead author of

the Kenyan chapter of the 6th, 7th, 8th, 9th and 10th

editions of the International Arbitration Review. She

is also a member of the Africa Users Group for the

Singapore International Arbitration Centre.

Aisha is part of an expert team that has drafted

Anti-Money Laundering, Remittances and Mobile

Money Bills for Somaliland and is the lead author

of the Kenya chapter of the 2018 Chambers Anti-

Corruption Global Practice Guide. She is also the lead

author of the ALN Anti-Corruption Guide 2019.

Aisha provides training and writes and speaks

on a wide range of contentious issues, including

international arbitration, corruption, economic crime

and pro bono work. Aisha is rated and recognised by

both Chambers Global and Legal 500 for her work.

Luisa Cetina Director



Luisa is a Director in the firm’s Dispute Resolution

and Forensics & Investigations teams, focusing on

complex investigations, international arbitration,

antitrust and white-collar crime. She is also a key

member of the firm’s growing International Trade

practice. She previously spent almost a decade as

a corporate litigator at White & Case in New York

where she represented clients in multi-jurisdictional

civil and criminal antitrust matters, complex business

disputes and international arbitration proceedings.

In 2020, Legal 500 recommended Luisa as “an

experienced international litigator.” Luisa was also

previously ALN’s Head of Business Development,

Marketing and Communications. Luisa is admitted

to the New York State Bar as well as the U.S. District

Courts for the Southern and Eastern Districts of New

York.

Geofrey DimosoPartner

ALN Tanzania | Anjarwalla & Khanna


Geofrey is a Partner at ALN Tanzania. Geofrey has

over 15 years of experience in private practice having

headed legal departments and served as company

secretary for both local and multinational banks in

Tanzania.

His experience also includes undertaking legal due

diligence within and outside Tanzania and advising

domestic and international clients on banking and

finance, commercial, corporate M&A, competition

and employment matters. Given his prior roles in the

banking sector, which is heavily regulated sector, he

has extensive experience dealing with regulatory

bodies and government agencies.

Geofrey is an Advocate of the High Court of Tanzania

and holds a Master of Laws degree in Corporate and

Commercial Laws and a Bachelor of Laws degree. He

is a certified director by the Commonwealth Centre

for Corporate Governance (Kenya) and the Institute

of Directors Tanzania, and serves as a member of

various professional bodies, including the Tanganyika

Law Society and the East African Law Society.

Shemane is a Partner at ALN Tanzania. Shemane has

filled various legal and non-legal management roles

with domestic companies and multinationals and

that experience brings a practical and commercially-

sensitive approach to her legal practice.

She assists investors with comprehensive legal due

diligence exercises and she advises international and

local clients on commercial, corporate M&A, real

estate, competition, employment, private equity and

banking and finance matters across various sectors.

Shemane is also responsible for managing the firm’s

client experience and overseeing operations to

ensure ALN standards and requirements are met.

Shemane is dual-qualified in both the United States

(Massachusetts) and in Tanzania, where she is an

Advocate of the High Court of Tanzania. She is a

graduate of Boston University School of Law where

she graduated with a Juris Doctor and she holds a

Bachelor of Arts from Duke University where she

received a full scholarship under the Robertson

Scholars Program. Shemane was an associate at the

international law firm Brown Rudnick LLP before she

returned to Tanzania in 2014.

Shemane AminPartner

ALN Tanzania | Anjarwalla & Khanna


A&K Forensics LLP (registration number LLP-QQ1QXM) is a partnership registered with limited liability in Kenya,

under the provisions of the Limited Liability Partnership Act, 2011.

A&K FORENSICS LLP/

Nairobi

ALN House, Eldama Ravine Close, Off Eldama Ravine Road, Westlands

P.O. Box 200-00606, Sarit Centre, Nairobi, Kenya

T: +254 20 364 0000, +254 70 303 2000


Mombasa

SKA House, Dedan Kimathi Avenue

P.O. Box 83156-80100, Mombasa, Kenya

T: +254 41 231 2848


www.africalegalnetwork.com/kenya

forensics, risk & compliance for non-profit …

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