Real Estate

Anjarwalla & Khanna is known for its real estate practice expertise and advises on some of the largest and most complex real estate developments in East Africa including Two Rivers, Garden City, Centum’s development of an economic hub on 10,500 acres of land situated in Vipingo, and AVIC International’s largest single mixed-use development in East Africa. A&K has also advised on the green field development of unique projects relating to entertainment and hospitality (hotels, multiplex and IMAX theatres, entertainment domes), real estate infrastructure (large rooftop solar projects for co-generation, gas and water supply, sewerage, telecom infrastructure)and social infrastructure (hospital and  medical facilities). We are the only firm in the market that can deliver the full range of advisory services necessary to project sponsors to handle large, complex, multi-use development projects from start to finish, including advice relating to tax, equity structuring, construction and ancillary infrastructure development, debt financing, conveyancing, operation and management. The firm has the largest dedicated real estate and construction legal practice in Kenya, consisting of nineteen lawyers as well as trainees and support staff.

Matters in this sector include:

  • Acting for Actis, a leading private equity investor with over USD 5 billion managed to date, in connection with its Garden City development, a USD 250 million integrated mixed-use property that comprises of a 500,000 square feet retail mall, offices, hotel and 600 residential units, including preparing all agreements relating to the land acquisition, project construction, residential unit sales and retail shop leases, advising on the overall corporate and management structure to ensure effective integration in view of the mixed-use nature of the project and construction contract with Sinohydro, handling all regulatory and licensing matters and acting for Actis in relation to the construction and purchase of a solar facility to power the Garden City development,  including negotiating the power purchase agreement.
  • Acting for Centum, a leading East African investment and real estate development company listed on the Nairobi Securities Exchange and the Uganda Securities Exchange, on all legal matters in connection with Two Rivers, its five-year, 100 acre fully-integrated mixed use development, on 62,000 square meters, currently valued at USD 166 million, the largest of its kind in Kenya, comprising of a retail mall as well as a commercial and residential development. The development has several financiers (debt and equity) such as AVIC International, Industrial & Commercial Development Corporation of Kenya (ICDC) and the Co-operative Bank of Kenya.  Our scope of work includes advising, drafting and negotiating complex corporate, equity and management structures and agreements, land acquisition and dispositions, leasing, tax and regulatory compliance.
  • Acting for a consortium led by Kiewa Group in a joint venture with the Nairobi County Council for the redevelopment of the Old Ngara Estate within Nairobi City County at an approximate cost of USD 70 million, including undertaking a regulatory review for the project, due diligence on the title for the land, setting up a special purpose vehicle (SPV) for the consortium, drafting a shareholders agreement in relation to the SPV and reviewing the joint venture agreement between the SPV and the Nairobi City County.
  • Acting for Paramount Chief Estate on its greenfield development of a medium-cost housing estate in the Nairobi, Kenya suburb of Kiambu, including advising on the 62 hectares land purchase, overall project and management structure, the debt and equity financing (including bridge financing), the advance performance guarantee and performance security required of the EPC contractor, construction matters, drafting and negotiating all corporate and shareholder agreements and the project and syndication management agreement, as well as advising on foreign buyer requirements and drafting and negotiating all unit sale and lease agreements for buyers and tenants of over 300 units.
  • Acting for Maiyan Holdings in connection with its 24 hectare, integrated, mixed-use development consisting of a hotel, recreational facilities, residential homes and development plots in Kenya, including advising on overall project structure, management structure, legal and regulatory issues and compliance, legal risks and tax efficiencies, negotiating and drafting the subscription and shareholders agreement and management contracts as well as drafting the form letter of offer, lease agreements and sales agreements for the development plots.  Once completed, the development will be the largest of its kind in Nanyuki, Kenya.
  • Acting for NextGen in connection with its proposed 5 hectare integrated mixed-use development in Kenya comprised of a theme park, water park, supermarket, resort, over 500 residential apartments, a commercial mall, doctor’s plaza and movie theatre, including conducting an overall legal and organizational analysis of the project, undertaking all legal steps required to implement the agreed project structure as well as drafting and negotiating all finance, sales, construction and management contracts.
  • Acting for Vipingo Ridge on its development of a five-star residential and golfing resort with two 18-hole Championship Golf Courses on 1,500 acres in Kilifi, on the coast of Kenya, including advising on power purchase arrangements for the development, liaising with the Energy Regulatory Commission and Kenya Power and Lighting Company for the relevant permits and contracts required for such power supply and distribution arrangements, negotiating and preparing contractual documentation for residential unit sales.
  • Acting for Riayn Developers Group, a developer in real estate, retail and lifestyle management, in a prime commercial development in Westlands, Nairobi known as “the Mirage” under its development company Bonham, including advising on the purchase of the land; advising on a joint venture; preparing the project development agreement; assisting in raising of equity and debt; drafting and negotiating the subscription and shareholders agreement; advising on the management structure and on ownership among the various joint venture partners; drafting the letter of offer, agreement of sale, lease and negotiating the documents with various advocates acting for the purchasers.
  • Acting for Karibu Homes, in connection with its mixed use development comprised of office space, a shopping centre, schools, a hospital and 1,000 low-cost homes in the Athi River region of Kenya, including undertaking the initial land acquisition, advising on the overall project joint venture structure and the equity and debt financing, drafting and negotiating all financing, construction and sale and lease agreements.
  • Acting for Vishwa Developers, in connection with its proposed 368 unit, affordable residential housing project and supporting shopping complex, nursery school and recreational facilities in the South C area of Nairobi, including advising on overall project structure, drafting all tender documents including form construction, consultant and contractor agreements, preparing and negotiating all the legal documentation required for the sale of units as well as handling all conveyance matters.
  • Advising Azalea Holdings on its USD 25 Million LMA governed loan from Eastern and Southern African Trade & Development Bank (PTA Bank) for financing of the construction of a class A shopping mall in Nairobi, including reviewing the facility documentation, negotiating all material terms including the security documentation which comprised a charge over land, an all asset debenture, corporate guarantees, assignment of rental receivables and a lien over debt service accounts.