About the D&I Property & Real Estate Practice
The principal objective of the property team is to safeguard our clients’ interests from the potential liabilities and implications of existing legislation and any future legislation governing the Land Laws of Kenya. We seek to find innovative solutions to project problems and steer such projects to successful conclusion. The Firm acts for a wide range of commercial enterprises, financial institutions, consortiums, sponsors, and governments, export credit, agencies, lenders and promoters.
We advise clients on the effects of new land laws to their businesses and investments. Our team aims to ensure that clients attain their business objectives in the most proficient way possible.
Our property team specializes in:
- Sales and Purchases
Our team has considerable experience in the sale and purchase of residential and commercial properties and acting for various banking institutions in financing such sales. In residential property transactions, the Firm handles a large volume and variety of sales and purchases of all kinds of residential units including, flats, maisonettes, houses and multi-storey residential complexes. Commercial property transactions range from basic acquisitions and disposals of small commercial buildings to large multi-storey buildings.
We are involved in both small and large scale residential and commercial leases, including advising on landlord and tenant issues. These range from remedies for breach of covenants, enforceability of leasehold covenants, disputes emerging from controlled or statutory tenancies and other related matters concerning conditions and restrictions contained in all types of short-term and long-term leases.
- Building Developments
D&I is one of the few firms in Kenya with significant expertise in financing and structuring commercial and residential building developments. The Firm has a team of experienced lawyers with the requisite skills to handle all documentation and legal issues relating to the commercial and financial aspects of building development projects.
Indicative Work Experience
- Structuring and advising on the acquisition, financing and construction of Rahimtulla Tower and subsequently negotiating the sale of an undivided ownership share in the Rahimtulla Tower – a large multi storey office development.
- Structuring and advising on the financing and construction of Lonrho House a large multi-storey office development and acting for Lonrho in the subsequent leasing of the many individual commercial premises in Lonrho House and subsequently negotiating the sale of Lonrho House.
- Acting for the Riverside Park Development, a large residential complex and in relation to other developments for the Insurance Company of East Africa, one of Kenya’s largest property-owning companies.
- Structuring and advising on the acquisition and financing of the Esso (now Oillibya) Plaza multi-storey retail and office development in Muthaiga.
- Structuring and advising on large condominium type residential complexes including structuring the ultimate disposal system for units and subsequent sales of the units, including:
- The Tamarind Village, Mombasa (the first of its kind in Kenya);
- Billionaires Resort, Malindi;
- Migaa Residential Project;
- Taarifa Gardens;
- Solitaire Developments Limited;
- Ambient Allure;
- Simba Village, Diani;
- Aum Towers,Kizingo;
- Dancourt Villas, Nyali (Preliminary stage);
- Rosslyn Tamarind Tree Suites;
- Gigiri Road – private development of high end houses.
- Structuring and advising on multi-storey office and shopping developments and subsequent unit leases, including:
- Fedha Plaza;
- ABC Towers;
- Yaya Centre;
- Westgate Shopping Mall;
- The Fedha Management Limited Property Portfolio;
- The Jubilee Insurance Company of Kenya Limited Property Portfolio;
- Lonrho House;
- Capital Centre;
- Eaton Place, Gigiri;
- Imperial Court, Westlands;
- Refinery Place, Changamwe.
- Acting for well-known Charitable Foundation in its acquisition of a site at Albizzia Downs Estate for establishment of an Academy.
- Acting for United Nations Federal Credit Union a not for profit cooperative financial institution established in the United States of America on the structuring and establishment of a mortgage loan scheme for UN employees.
- Advising an energy company established in the United States of America with a local presence on property and land acquisitions for the generation of solar energy in Kenya.
- Acting for a property management company in the acquisition of a prime piece of land for purposes of redevelopment into high end residential apartments.
Members of the Property and Real Estate Team