Banking, Finance & Real Estate Practice
Accurate delivery, effortless client experience
We offer a wide range of commercial, transactional and advisory services including undertaking due diligence, negotiating company restructurings, advising on share transfers, private equity investments, public listings, rights issues, mergers and acquisitions, and financing through single lender or syndicate loans. Our expertise also extends to drafting and reviewing share agreements, employment agreements, and non-disclosure agreements (NDAs) specific to Kenya.
Our involvement in various transactions has enabled us to develop deep capability in corporate governance and compliance, corporate restructurings and privatizations, energy and infrastructure, legal due diligence of private and public entities, banking law and financial services, as well as emerging areas such as cryptocurrency and blockchain regulation in Kenya, and data protection compliance, including conducting Data Protection Impact Assessments (DPIAs) under Kenyan law.
We further assist clients with registering trademarks and patents, guiding them through the processes of authentication and notarization in Kenya for legal and regulatory documents.Whether advising on the setup of a trust fund, applying for a work permit in Kenya, or structuring equity deals involving shares in Kenya, our approach remains client-focused and strategically informed.
We also provide ongoing and updated compliance advice to our corporate clients to help them minimize operational and regulatory risks. Our goal is to maintain a keen understanding of the evolving regulatory environment in Kenya so that we may provide the best practice codes relevant to corporate governance and responsibility.
Our clients rely on our advice to help understand, assess, and execute the most complex transactions. They value our adaptive and collaborative approach, as well as our commitment to delivering exceptional service, a combination that has earned us their trust and long-standing partnerships.
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BANKING AND FINANCE
Our Banking and Finance expertise is centered on providing market-leading, strategic advice that empowers our clients to successfully navigate complex financial landscapes. Our lawyers advise large, regional, foreign and community financial services companies, their holding companies and investors, private and registered funds, and asset managers with regard to the most complex transactional, regulatory, litigation and enforcement challenges that confront them.
Acted for Lease Air & Co. in a complex debt restructuring transaction aimed at stabilizing the company’s financial position. Further, represented the client in insolvency proceedings involving Jetlink Express Limited, a local airline that had leased two of its aircraft from the client. This included negotiating lease terms, formulating strategies to protect the client’s interests, and participating in insolvency proceedings to secure favorable outcomes.
Successfully managed loan syndication transactions for key corporate entities, including Ecobank (K) Limited and Mumias Sugar Company Limited, arranged by the Commercial Bank of Africa. This entailed drafting and reviewing syndication agreements, coordinating among multiple lenders, and ensuring compliance with regulatory requirements to facilitate seamless funding for such large-scale projects.
Provided advisory representation in services and legal a landmark financing transaction for Kenya Electricity Generating Company (KenGen) to support the development of geothermal energy projects. The transaction involved negotiating terms with a foreign financing entity, drafting loan agreements, and ensuring compliance with local energy and environmental regulations, contributing to the advancement of renewable energy infrastructure in Kenya.
Conducted detailed contract analysis and provided legal advice on matters of cheque fraud to mitigate risk exposure for clients. Prepared, audited, and perfected various security documents, including charges, debentures, pledges, and guarantees, ensuring compliance with legal standards and enhancing the enforceability of financial agreements.
Advised Kenya Electricity Generating Company (KenGen) on project financing for the development of the Olkaria II Geothermal Plant in Naivasha, a pioneering project in renewable energy production in the region. Services included negotiating financing terms, preparing loan documentation, and offering regulatory guidance to facilitate the successful execution of the project.
Provided legal and strategic advice to the Deposit Protection Fund and the Ministry of Finance on the restructuring of several collapsed financial institutions. This included evaluating the legal and financial frameworks for recovery, drafting restructuring agreements, and coordinating with relevant stakeholders to stabilize the institutions and protect depositors’ funds.
Represented Kenya Commercial Bank in a multi-billion shillings transaction involving structuring and perfection of securities to a facility advanced towards the construction of a cement construction company. Services included negotiating the security terms, drafting and registering security documents, and advising legal risks that the bank would be open to.
Acted for SBM bank in a cross-border transaction where the Bank was advancing facilities to an OMC with presence both in Kenya and in the United Republic of Tanzania by ensuring the banks interests were duly held. Services included negotiating the security terms, drafting and registering the various security instruments both in Kenya and in Tanzania, and advising on legal risks that the bank would be open to.
REAL ESTATE
We offer market-leading advice that helps our clients take advantage of growth opportunities in the real estate industry. We lead our clients through the property life process from undertaking due diligence, advising on development conveyancing, preparation and perfection of commercial and residential leases, security documentation, procuring completion documents, registration formalities and ancillary services. We also advise on the settlement of Trusts for various charitable purposes. Relied upon by developers, owners, private and institutional investors, corporates, lenders and underwriters across the region, clients utilize our team’s knowledge to develop intricate structures and innovative solutions for their transactions and disputes that ultimately translate into successful outcomes.
Acting for and advising Misty Springs in relation to the development and off-plan sale of 276 residential units situated on 24 Wetlands Road, Nairobi County. Our scope of work includes: drafting, reviewing, and negotiating Agreements for Sale with off-plan purchasers, tailored to reflect the phased nature of the project and the developer’s delivery obligations; preparing and reviewing all necessary legal instruments to facilitate the transfer of completed units to purchasers, including leases, transfers, and related registration documents; managing end-to-end registration process; conducting legal due diligence on the project land; advising on regulatory and legal compliance matters; providing strategic legal guidance throughout the lifecycle of the development to ensure alignment with applicable real estate, environmental, and planning laws.
Acting for GTC Nairobi Industry Limited in a series of high-value commercial transactions relating to the landmark Global Trade Centre (GTC) development, one of Nairobi’s premier mixed-use projects. Our services have included: drafting, negotiating, and overseeing the execution and registration of commercial lease agreements and other transactional documents for key components of the development, including the GTC Office Tower, JW Marriott Hotel Tower, and GTC Mall; advising on structuring and documentation of lease arrangements documentation needs for tenancy management and related ancillary matters.
Acted for and advised Soil Merchants (K) Limited, a real estate developer, in connection with the sale of approximately 900 residential units developed under two boutique apartment projects located in Nairobi, Kenya. Our role involved end-to-end legal support on the transaction, including: structuring the sale model and advising on the appropriate legal framework for the disposal of the units, including long-term lease arrangements and management structures for the developments; drafting, reviewing, and negotiating all legal documentation related to the sale; advising on regulatory compliance with applicable land, planning, environmental, and housing laws; engaging with purchasers’ legal representatives, facilitating due diligence, and responding to queries arising from the transaction; coordinating with relevant public authorities and professionals (surveyors, valuers, and property managers) to ensure timely registration and transfer of units; and providing ongoing legal advisory support on purchaser obligations, project timelines, and risk mitigation related to unit sales.
Acting for Haijiang International Company Limited, an international real estate company with reach in Asia and Africa. Currently representing the company in various projects in which they are developing almost 1000 units in different residential projects including 276 residential units in 24 Westlands Road, Nairobi County. The services include handling the purchase of land transaction, drafting sale agreements to off-plan purchasers, preparing and reviewing transfer documents, facilitating registration processes, conducting due diligence, and ensuring compliance with all legal and regulatory requirements for the project.
Acted for Absa Bank Kenya Plc in undertaking a comprehensive legal due diligence exercise in respect to the proposed acquisition of two prime parcels of land: a 2.7-acre commercial property in Upper Hill and a 4-acre development site along Waiyaki Way, both located within Nairobi County and collectively valued at approximately KES 3 billion. Our scope of work included: conducting in-depth due diligence on land ownership, tenure, environmental title history, compliance, zoning, existing encumbrances, and pending litigation; reviewing and verifying approvals, regulatory consents, and land use planning permissions from the relevant authorities; advising on potential legal risks, mitigation measures, and the viability of the properties for the Bank’s intended strategic purposes; preparing a detailed due diligence report to guide the Bank’s investment decision making and risk assessment.
