The Captain

Stella Muraguri

THE CAPTAIN

Stella Muraguri

Managing Partner

Stella Muraguri is a globally recognized advocate of the High Court of Kenya, celebrated for her expertise in commercial litigation, fintech law, and Anti-Money Laundering (AML) compliance. As the Managing Partner at MMW Advocates LLP, Stella blends legal mastery with strategic foresight, providing innovative solutions to complex legal challenges in an ever-evolving global economy. 

Renowned for her litigation prowess, Stella has successfully represented high-profile clients before the Supreme Court of Kenya, Court of Appeal of Kenya , and various specialized tribunals.

“When you want something, all the universe conspires in helping you to achieve it.” – Paulo Coelho

Get to know Stella

Her extensive portfolio includes precedent-setting cases in election law, constitutional disputes, intellectual property, capital markets regulation, Islamic banking, and joint venture disputes. She is particularly noted for her work in fintech law, navigating the regulatory complexities of technology-driven financial innovations, and Anti-Money Laundering law, advising multinational corporations and financial institutions on compliance and enforcement. 

Stella’s impressive credentials include certification in Fintech from Harvard University, reflecting her deep understanding of the intersection between law, technology, and finance. As a Certified Legal Auditor and a graduate of Strathmore Business School’s Owner Manager Programme, she demonstrates a unique ability to merge legal expertise with business acumen, enabling her to deliver holistic solutions to her clients. 

An alumnus of the University of Nairobi, where she earned her LL.B with honors, Stella was called to the Bar in 2012. Her journey as a legal practitioner has been defined by her commitment to excellence and her passion for innovation in the legal field. 

Stella’s leadership extends beyond the courtroom. A fervent mentor, she has designed and implemented professional development programs for young advocates and associates, cultivating a culture of excellence within the profession. Her dedication to social impact is evident in her community initiatives, including funding scholarships for underprivileged students and providing pro bono legal aid to marginalized communities. 

Outside of her professional endeavours, Stella thrives as an adventurer, finding inspiration in exploring uncharted territories, cycling rugged terrains, and immersing herself in diverse cultures. 

With a rare blend of global insight, technical expertise, and unwavering dedication, Stella Wangui Muraguri is redefining the future of legal practice while driving transformative impact on a global stage. 

Professional Background

  • Fintech Certificate Program- Havard Business School
  • Owner Manger Program- Strathmore Business School
  • Finance for Non-Finance- Strathmore Business School
  • Female Future Leadership Program-Women in Boards-FKE 2020-2021.
  • Member of the Law Society of Kenya.
  • An Advocate of the High Court of Kenya (2012).
  • Bachelor of Laws (LLB) (2009).
  • Certified Public Accounts Section 1 and 2 (2008).

What Stella has Achieved

Tax Law

  • Successfully defended a taxpayer before the Tax Appeals Tribunal, resulting in a significant win for businesses. The Tribunal upheld that Foltron Plus is correctly classified as a fertilizer (HS Code 3105.59.00) and remains zero-rated for VAT, rejecting KRA’s attempt to reclassify it under HS Code 3824.99.90. This decision ensures fair tax treatment for businesses importing agricultural inputs and shields them from unwarranted liabilities.
  • Successfully negotiated a withholding VAT tax liability with KRA, reducing the client’s liability from Kshs. 300 Million to Kshs. 58 Million, securing significant savings for the client.
  • Defended an equipment leasing company at the Tax Appeals Tribunal after receiving an agency notice claiming that the client owed the local tax authority Kshs. 268,000,000.00, and successfully nullified the demand.
  • Negotiated multiple settlement agreements with the Kenya Revenue Authority (KRA) on behalf of clients, enabling favorable repayment plans for back taxes while reducing or negating penalties.
  • Successfully restrained the KRA from demanding withholding tax worth Kshs. 6,000,000.00, and with the help of our internal tax auditors, reduced the claim to Kshs. 45,000,000.00.
  • Resolved a complex customs valuation dispute for an importer, ensuring compliance while avoiding a reclassification that would have significantly increased duties and VAT obligations.
  • Represented a multinational company in a tax demand dispute where KRA sought to impose transfer pricing adjustments. Successfully defended the client, resulting in a favorable ruling that upheld their pricing model.
  • Assisted an SME client in recovering VAT refunds amounting to Kshs. 120 Million, ensuring compliance with all statutory timelines and documentation requirements.
  • Provided strategic tax advisory services to a manufacturing company, restructuring its operations to achieve Kshs. 50 Million in annual tax savings through effective use of tax incentives and exemptions.
  • Successfully handled a dispute involving excise duty on a client’s products, demonstrating that the demand was based on an erroneous interpretation of the Excise Duty Act, which led to the demand being withdrawn entirely.
  • Advised a tech startup on digital services tax compliance, ensuring full adherence to statutory obligations while minimizing potential liabilities.

Fintech Advisory Work

  • Advised a global payment gateway provider on taxation of digital services in Kenya, ensuring compliance with the Digital Services Tax (DST) framework while reducing tax exposure.
  • Advised a leading FinTech startup on Central Bank of Kenya (CBK) licensing requirements under the Business Laws (Amendment) Act, 2024, ensuring full compliance and securing their operational license to provide digital lending services.
  • Successfully negotiated with the CBK on behalf of a FinTech company to ensure adherence to Data Protection (General) Regulations, 2021, safeguarding customer data privacy while maintaining business efficiency.
  • Assisted an international FinTech firm in setting up operations in Kenya, including incorporation, compliance with anti-money laundering (AML) and know-your-customer (KYC) requirements, and drafting operational policies aligned with local laws.
  • Structured a partnership agreement between a FinTech company and a commercial bank for offering embedded finance solutions, ensuring legal clarity and regulatory compliance on both sides.
  • Drafted terms of service and user agreements for multiple digital lending platforms, ensuring compliance with CBK guidelines and the Consumer Protection Act, while safeguarding the client’s legal and business interests.
  • Guided a peer-to-peer lending platform through the licensing process under the Capital Markets Authority (CMA), ensuring full compliance with crowdfunding regulations.
  • Supported a blockchain-based payment platform in navigating the evolving cryptocurrency regulatory framework in Kenya, including advisory on tax obligations and AML compliance.

Anti-Money Laundering

  • Policy Drafting and Implementation: Successfully developed and implemented comprehensive AML policies for a multinational financial institution, ensuring alignment with Kenya’s Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) and global best practices.
  • AML Training Programs: Conducted tailored AML training sessions for a leading bank’s compliance and risk management teams, enhancing their ability to detect and report suspicious transactions while meeting regulatory obligations.
  • Regulatory Advisory Services: Advised a digital payment provider on compliance with CBK’s AML/CFT Guidelines, ensuring robust systems for transaction monitoring, customer due diligence (CDD), and reporting mechanisms.
  • AML Audit and Risk Assessment: Led an AML audit for a regional microfinance institution, identifying key compliance gaps and providing actionable recommendations to mitigate risk and meet regulatory requirements.
  • Cross-Border Compliance: Advised a cryptocurrency exchange platform on navigating AML/CFT regulations in Kenya, including compliance with cross-border transaction reporting and KYC requirements, ensuring seamless operations without regulatory breaches.

Banking Law

  • Successfully defended several banks which were sued for non-compliance with the proceeds of Crime and Anti-money laundering Act and which suit was instituted by a suspected money laundering cartel seeking to use the banks as an avenue to receive proceeds of crime.
  • Successfully defended multiple Banks against injunctive orders which unlocked billions of non-performing loans through asset realization and settlement agreements.
  • Successfully defended Islamic Banks in the realization of assets where defaulters would rely on the ground that Islamic Banks have no right to realize properties during default due to Musharaka Principles. 
  • Successfully defended several Banks that were sued on the grounds of unlawful listings on the Credit Reference Bureau and demonstrated that listings are a statutory obligation in so long as the same is within the province of the law and therefore not defamatory or malicious.
  • Successfully defended several Banks that have been sued on the grounds of honouring cheques issued by directors of a company who had Director’s disputes by relying on the Turquand Rule.
  • Successfully mediating local and international corporate client debt disputes exceeding the sum of USD 1.7 Million through various debt settlement deeds and arrangements.

Corporate Commercial Law

  • Acted for a local microfinance Bank in its acquisition by a foreign investor joint venture from Singapore and Hong Kong worth USD 10 Million by obtaining the relevant approvals from the relevant regulatory authorities.
  • Drafted a profit-sharing agreement for two local companies venturing into the supply of medical equipment to government and private hospitals within the country worth Kshs. 420,000,000.00.
  • Prepared shareholders agreements for various companies both local and international encapsulating the various rights and benefits of the shareholder in these companies.
  • Prepared comprehensive logistics contracts for a top-notch logistics company incorporated in Kenya worth Kshs. 500,000,000.00 for the transport of drilling equipment from the Mombasa port to Nakuru county.
  • Advised and assisted a French company in obtaining various licenses and approvals from the Kenya Poisons and Pharmacy Board for their supply of testing kits in the Kenyan jurisdiction worth Kshs. 97,000,000.00.
  • Advised a Local Construction Company on a debt restructure worth Kshs. 303,000,000.00 with an Islamic Bank in line with its Musharaka partnership financial product.
  • Advised a donor fund from Austria on the Public Private Partnership process and requirements in Kenya.
  • Acted as transactional advocates for several companies that have been listed on the Ibuka Program. This is an incubation and acceleration program that seeks to end a prolonged listing drought at the bourse by taking small and medium-sized companies through a 10-month incubation period.
  • Acted on the acquisition of a Bank listed on the Nairobi Securities Exchange offering regulatory and transactional advice on the offer and the take-over documentation.
  • Acted as legal adviser for an Acquirer in a proposed acquisition of minority shareholding in a cable company by way of a share swap. This entailed full regulatory compliance and transactional advisory.

Capital Markets and Competition Law

  • Litigation in a judicial review suit challenging the validity of an offer made by an offeror company to the offeree company under the Capital Markets (Take-Overs and Mergers) Regulations (2002),  issued under the Capital Markets Act (“CAP 485A” ) where the offer was based on a contingent contract.
  • Successfully handled a litigation suit on the compensation of persons who had suffered a pecuniary loss of Kshs. 120,000,000.00 as a result of fraudulent dealings by stock brokers and obtained

Employment Law

  • Successfully prosecuted a claim against an employer who coerced an employee into signing a settlement agreement. We demonstrated to the court that the employee had been constructively dismissed, resulting in an award of Kshs. 9 Million to the employee.
  • Successfully counterclaimed on behalf of a bank against ex-employees who had filed employment suits. Losses incurred by the bank due to fraud or theft by these ex-employees were successfully offset against any claims they were pursuing.
  • Provided expert advice and representation to a multinational company during a large-scale redundancy process, ensuring compliance with Kenyan labor laws and minimizing legal exposure.
  • Defended a corporate client in a complex unfair termination case involving claims of discrimination and breach of employment terms, securing a favorable outcome that protected the client from significant financial liability.
  • Advised a client in negotiating a mutual separation agreement with a senior executive, ensuring the terms were fair and safeguarded the client’s reputation and interests.
  • Represented a group of employees in a class action suit involving unfair labor practices, leading to a negotiated settlement that awarded fair compensation without prolonged litigation.
  • Successfully navigated a sensitive whistleblowing case, balancing confidentiality obligations with legal compliance to protect both the organization and the whistleblower’s rights.
  • Drafted and reviewed employment contracts, workplace policies, and HR manuals for various clients, ensuring alignment with evolving labor laws and best practices.

Insolvency Law

  • Advising and representing an international chain of hypermarkets in insolvency proceedings before the Kenyan High Court in restructuring a corporate debt book exceeding the sum of Kshs. 2,000,000,000.00 through one of the first successful Company Voluntary Arrangement (CVA) under Kenya’s recently insolvency laws.
  • Advising and representing an international private security firm and an international pharmaceutical equipment manufacturer in insolvency proceedings before the Kenyan High Court in the recovery of corporate debts accrued in Kenya exceeding the sum of Kshs. 78,000,000.00 against local insolvent corporate debtors.