Daniel Mutembei

Associate

+254 (20) 2713977

daniel@koassociates.co.ke

Daniel is an Associate in the Firm’s Technology, Media, Telecommunications (TMT) & Intellectual Property (IP) Practice. He advises clients across the technology, media, and telecommunications (TMT) ecosystem on navigating complex regulatory frameworks, securing mission-critical licences, and structuring compliant technology transactions.

His practice spans data protection and privacy compliance, cybersecurity, telecom licensing and regulatory advisory, technology contracting, and competition law. Daniel routinely supports clients engaging with the Communications Authority of Kenya (CA), The Competition Authority of Kenya (CAK) and the Office of the Data Protection Commissioner (ODPC), ensuring seamless compliance with statutory and sector-specific requirements.

Daniel is experienced in drafting and negotiating technology and commercial agreements, advising on ICT infrastructure projects, and guiding telecommunications operators through licensing, funding, and compliance obligations. He also handles intellectual property protection and commercialisation, supporting clients in safeguarding and monetising their innovations.

Across all mandates, Daniel delivers practical, business-aligned solutions that help clients operate confidently within an increasingly specialised and fast-evolving regulatory landscape.

Transactional Highlights

• Representation of a client in an arbitration hearing concerning a dispute over a technology services contract.
• Representation before the ODPC in complaints involving alleged violations of data subject rights.
• Conducted data protection training, audits, and compliance reviews, including DPIAs and implementation of internal privacy frameworks.
• Drafted and reviewed cybersecurity policies, incident response plans, and regulatory compliance documentation for technology-sector clients.
• Advisory, application, and successful acquisition of appropriate telecommunication licences from the Communications Authority of Kenya, including ongoing regulatory support.
• Supported a low-cost broadband provider through due diligence and satisfaction of conditions precedent to secure growth-capital investment (equity and debt) from BIO and DFC.
• Advised a telecommunications company on structuring hybrid financing—combining equity and debt—to support infrastructure expansion.
• Successfully secured multiple CA licences and approvals for telecom operators within strict regulatory timelines.
• Managed registration of trademarks and copyrights, strengthening client IP portfolios.
• Advised on IP transfer, licensing, and commercialisation in corporate and technology transactions.
• Drafted and negotiated a range of technology and commercial agreements, enabling clients to meet strategic and operational objectives.
• Guided clients through competition law compliance, including merger control filings and advisory on anti-competitive conduct.
• Conducted multi-jurisdictional due diligence for an M&A transaction involving a German-owned entity, ensuring regulatory and operational alignment.
• Supported corporate clients through compliance reviews and restructuring processes across various sectors.

Education

• Post Graduate Diploma in Law, Kenya School of Law (2023)
• Bachelor of Laws (LL.B), University of Nairobi (2022)

Languages

• English
• Kiswahili

Countries of Work Experience

• Kenya

Citizenship

• Kenyan