Gaurav Bhandari

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  • Monday To Friday
  • 8:00 am - 5:00 pm

Gaurav Bhandari

Gaurav is a lawyer with over 18 years experience in commercial, tourism and information technology law.


Having commenced his career in project management and conservation, Gaurav joined the firm in 2005 and has been instrumental in expanding the firm’s hospitality practice, as well as handling a large variety of commercial and conveyancing matters. With experience in the tech scene, he successfully advised and consulted for the first ever locally developed core banking software product and Fintech application program interface in Kenya, going on to also consult and advise on also the first ever locally produced taxi mobile app system.


Gaurav advised and consulted for the Communications Authority of Kenya (then the Communication Commission of Kenya) team set up to investigate call charges and market dominance by local telcos, successfully resulting in amendment of the Kenya Communication Act and a massive reduction in mobile consumer phone charges.


Gaurav’s speaking engagements include appearing as both a speaker and panellist at the Africa Law Tech Summit in South Africa.


Matters on which Gaurav has advised during the course of his career include:

Tourism and hospitality

  • i. Acting as general counsel to the largest Kenyan-owned chain of hotels, lodges and camps.
  • ii. Negotiation and eventual creation of a functioning 50,000 acre conservancy, including the negotiation and drafting of the concession, lease and license agreements between the relevant stakeholders, as well as the preparation of wildlife matrices, cattle grazing agreements to make it one of the most community-friendly conservancies in Kenya.
  • iii. Lead advisor for the direct investment by a tourism enterprise within the a community wildlife conservancy.
  • iv. Preparation of hotel management agreements and tie-ups with international hotel groups in Kenya, Tanzania and Uganda.
  • v. Handling the due diligence and asset sale proposal for a five-star hotel in Nairobi to an international brand.
  • vi. Negotiation of rights of access and long term lease including provisions for new wildlife management systems and benefits to visitors and tourism establishment owners within the Tsavo ecosystem.
  • vii. Negotiations with and providing advice to the local and international investors and the KWS on the possible creation of Kenya’s second largest Black Rhino sanctuary.
  • viii. Advice on CITES Regulations, eco-tourism polices and compliance with local wildlife management practices, including giving opinion on the new Mara Management Plan on a pro-bono basis to affected communities.
  • ix. Assisting with hotel staff education and training on conflict resolution, negative brand reviews, brand and goodwill damage as well as indemnity and liability claims and settlement.

Renewables

  • i. Drafting of contracts related to renewable energy and eco-tourism provisions for reusable water, solar power, off-grid utilities, including compliance with Environmental Laws and the negotiations thereof.
  • ii. Advice and negotiations for solar plants and carbon credit referencing the provision of the Kenyan Climate Change Act, the Sessional Paper on National Climate Change Framework Policy and the United Nations Framework Convention on Climate Change.
  • iii. Preparation of lease agreements and supply contracts for solar grid stations in remote areas of Kenya.

Software and ecommerce

  • i. Advising a specialist software developer on creation of both software as a service and software as a product for the banking and financial institution sector.
  • ii. Advising and creation of the first ever local owned and developed taxi app solution including preparation of terms & conditions, integration of software with driver compatibility, privacy polices and user interface.
  • iii. Acting for local and international mobile wallet, e-money enterprises on several high value strategic software licenses and acquisitions, including on the purchase of the source code version of software from a licensor.
  • vi. Preparation of cloud-computing based agreements, white label agreements, software agreements, service level agreements.
  • v. Advising on matters relating to ecommerce, mobile applications and designs, cyber law and anti-money laundering laws and their application, enforcement and protection as well as drafting contracts for long code and short code mobile telecommunication services.
  • vi. Advising clients operating in specialist fields such as banking, mobile money transmission, data privacy, white label pharmaceutical formulae on safety critical systems and IT security on a wide variety of commercial contracts.
  • vii. Advising software developers on a variety of development contracts including for bank, financial institutions and SMEs.
  • viii. Advising various software companies on the establishment of distributors or agents for their software inside Kenya and within East Africa and India.
  • ix. Advising software suppliers on the drafting of end user license agreements (EULAs) as well as advising large software licensees on the terms of EULAs proffered by software licensors.

Gaming and IP rights

  • i. Advising local and international clients within the online gaming and gambling sector on set-up, as well as trading terms & conditions, local law compliance and regulation oversight.
  • ii. Advising clints within the gaming section on intellectual property rights including trademarks, certification marks, distinguishing guises and service marks, patents, industrial designs and utility models, copyrights and related matters.
  • iii. Successfully defending trademark infringement and opposition claim to one of Africa’s pioneer products in the taxi app software sector.

Data processing and protection

  • i. Advice and assistance in creation of one of the country’s largest Business Processing Centre and Call Centre.
  • ii. Advising several companies in manufacturing, agriculture, hospitality, commerce and trade on consumer related terms & conditions, liabilities and data collection issues both under Kenya data protection laws and on the application of data protection law including in relation to Big Data including compliance with the GDPR.
  • iii. Advising clients on compliance with regulatory requirements issued by the Office of the Data Protection Commissioner in Kenya with respect to consent and data privacy.
  • iv. Advising on approaches for data collection, assimilation, processing and science suitable for compliance with international standards.
  • v. Advising on implementation of PCI standards for online businesses, risk exposure and protection measures in view of international AML laws.

Publications and speaking engagements

  • i. Speaker and panelist on Hogan Lovells Africa Forum focusing on law and technology (South Africa).
  • ii. Several articles in Africa Law Business, Bizcommunity and ThisDay.

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