Real Estate and Finance

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The Firm’s Real Estate & Finance practice handles both advisory and transactional work on behalf of banks and other financial institutions, property developers, owners and tenants, public and private sector entities and private individuals. The team is trusted to handle varying categories of transactions and securities for over twenty leading banks and employee financing schemes in Kenya.

The Firm competently advises on the property development and project finance in local and cross-border projects in areas including public private partnerships, affordable housing and contractual engagements in project development.

The team is able to anticipate, negotiate and address the requirements and interests of all parties on a full range of issues relating to real estate and finance transactions.

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Notable Assignments

  • Acted for a leading bank in Kenya in creating security over three parcels of land in Gilgil where the value of the securities was Kshs.1,300,000,000.00;
  • Advised a joint delegation of leading real estate developers and a leading financial institution in a partnership deal with leading investors from Brazil in developing the regulatory framework for funding and co-development of various Capital ventures in Kenya.
  • Advised a private developer on a housing project valued at Kshs. 579,000,000.00 and subsequently advising and executing transfers of land of over 100 maisonettes each selling for approximately Kshs.9,000,000.00;
  • Currently advising an air travel regulator on the revocation of titles illegally allocated to encroachers on its property and the subsequent asserting the main title in its favour;
  • Advising a property developer on the appropriate PPP funding mechanisms for the development of approximately 10,000 affordable housing units in an East African country;
  • Pre-transaction advisory and documentation, negotiation and drafting of transaction contracts for a multi-user commercial hub in Nyeri;
  • Carried out due diligence on behalf of a financial institution to establish viability, alignment of proprietorship details and records at the Ministry of Lands on a project valued at Kshs.128,400,000.00;
  • Conducted due diligence on a property in Eldoret in which a leading bank was looking to lend Kshs.5,000,000,000.00 and established that the title over the property was illegally and irregularly acquired;
  • Currently acting for a property developer in the transfer of 101 vacant plots and houses in a high end locality in Eldoret retailing for between Kshs.7 Million and Kshs.14 Million respectively;
  • Advising a financial institution on alternative securitization in a facility involving the revocation of three thousand titles by the Court of Appeal in Eldoret;
  • Advising the Ministry of Lands and Physical Planning on the inadequate amendment of the Land Registration Act by the Business Laws Amendment Act No. 1 of 2020 which has  the  adverse  consequence  of  voiding  all  securities  created  in favor of  financial institutions;
  • Negotiating with landlords over unpaid rents and preparation of assignments of leases on behalf of a client in a merger and acquisition transaction valued at Kshs.100,000,000.00;
  • Represented a leading bank in conducting due diligence on a title which secures a borrowing of upto USD 27,900,000 which was listed in National Land Commission’s report of 17< >th < >July 2017 on illegal allocation of public land in which the Commissioner recommended revocation of the Gran

Real Estate

Legal Alert – Conversion Of Titles And Closure Of Registers

The promulgation of the Land Registration Act (LRA) in 2012 heralded the commencement of efficiency in land registration systems that had hitherto been segmented in varying legal regimes. The Land Registration Act was the legislative framework that was expected to collate the land registration process in one law. However, the process of conversion has been […]

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Real Estate

Legal Alert – Reforms In The Registration Process In Lands Registries

Coming hot on the heels of the recent closure of the Central and Nairobi Registry in Ardhi House, Nairobi, the Ministry of Lands and Physical Planning has announced improvements in the registration process aimed at facilitating expeditious and efficient registration of Transfers of property. Registration of land-related transactions has usually been marred by delays, loss […]

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