Benjamin Musau is a Kenya Advocate and the Managing Partner of B M Musau & Co., Advocates, a position he has held since 1999. He has previously been a Partner in Kaplan & Stratton, where he worked since 1988. His work encompasses tax legal, regulatory reforms, county government law and reform, reduction of administrative burdens, the structure of business entities, joint ventures, acquisitions, banking, foreign investment, corporate and commercial law, complex litigation and alternative dispute resolution (mediation, negotiations and arbitration).
Ben led the Local Government 2008-2010 World Bank financed Subnational Competitiveness Study of Local Governments, a precursor to the transformation of local governments to County Governments under the Constitution of Kenya, 2010.
He spearheaded the 2005-2008 Regulatory Reforms for Business Activities in Kenya (financed by the World Bank through the Ministries of Finance and Trade & Industry) which have led to substantial reduction of red-tape in Kenya. This work involved working closely with state corporations, national government regulators, ministries, local and municipal governments in Kenya to review and reform government licenses, rules and regulations, and subjected the Single Business Permit along with other national, local and municipal licenses and permits to careful local, regional and international scrutiny and reform. The Single Business Permit constituted a substantial portion of income for the then local authorities in Kenya, and there was great private sector pressure to delete it. Ultimately, it was agreed to reform the Single Business Permit substantially and to gradually replace it with a local business tax collected on behalf of local authorities (now County Governments) by the Kenya Revenue Authority.
The 2005-2008 Regulatory Reforms work entailed the review of all the laws, rules and regulations in force in Kenya at that time, and the publication of the first ever list of business licenses obtaining in Kenya in 2007.
Ben’s regular work also involves corporate commercial legal work and complex litigation including alternative dispute resolution.
Ben is involved in the initiatives to Brand Kenya. He was invited by the Marketing Society of Kenya and gave the first paper from a legal perspective of branding Kenya while he has subsequently been involved in providing legal expertise which led to the publication of the Investors Guide to Kenya by UNCTAD. He is also involved in a number of World Bank Group supported regulatory reform improvements in Sudan, Tanzania, Madagascar and Bangladesh, among others.
Ben has acted as a consultant for KIPPRA and the Kenya Law Reform Commission in facilitating a retreat for business people and Government representatives on the challenges to investment in Kenya.
He has made in-depth study on international taxation and financial services law involving current trends in international compliance (anti-money laundering, anti-corruption and counter terrorism financing), international tax and tax treaties, anti-avoidance legislation and tax risk management, global e-commerce taxation, financial instruments, law of banking and financial institutions, international legal research and writing, information security and cybercrime law, , and wrote a Thesis in 2011 on the Extent to Which Kenya Had Implemented the then 40+9 (now consolidated 40) FATF Recommendations on Anti-Money Laundering and Counter-Terrorism Financing.
Benjamin is currently a candidate for the award of Ph.D on the topic of anti-money laundering, anti-corruption and counter-terrrorism financing within the context of international taxation and financial services law.
Ben is involved in the initiation of Continuing Legal Education for lawyers through the Law Society of Kenya where he has given initial CLE courses based on Managing a Law Firm and Case Management.
Benjamin is currently training the Kenya Police on anti-money laundering, anti-corruption and counter-terrorism financing.
Benjamin is currently a lecturer at the University of Nairobi, School of Law.