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Practice Area

Securing Financial Transactions with Legal Precision.

Our Banking, Finance & Securities practice supports Kenya's leading financial institutions, investors, and corporations in executing secure, compliant, and commercially sound transactions. We combine deep sector experience with a pragmatic understanding of local and regional regulatory frameworks.

Consult Our Finance & Securities Team

Our Banking & Finance Expertise

We offer comprehensive legal services covering all aspects of lending, project finance, investment transactions, and regulatory compliance. Our goal is to protect value, reduce risk, and ensure that every financial arrangement aligns with the requirements of the Banking Act (Cap 488), Central Bank of Kenya (CBK) Prudential Guidelines, and Capital Markets Authority (CMA) regulations.

1

Transactional Banking

We act for both lenders and borrowers in structuring and documenting:

Loan and credit facilities (syndicated and bilateral).
Debentures, guarantees, and indemnities.
Asset finance, equipment leasing, and hire purchase.
Trade and export financing arrangements.
2

Project & Infrastructure Finance

We guide clients through financing of major infrastructure and development projects — from feasibility to closure. Our services include:

Drafting and negotiating project finance agreements.
Public-Private Partnerships (PPP) documentation.
Security structuring and risk allocation.
Liaising with regulators including the PPP Directorate and CBK.
3

Security Documentation & Perfection

We ensure that securities are properly created, registered, and enforceable under Kenyan law. Our expertise covers:

Charges over land (both legal and equitable).
Floating and fixed debentures.
Pledges, liens, and assignments.
Chattel mortgages and guarantees.

We also handle registration at the Lands Registry, Companies Registry, and the Collateral Registry under the Movable Property Security Rights Act, 2017.

4

Debt Restructuring & Recovery

We assist creditors and debtors in negotiating and formalizing debt restructuring arrangements. Our services include:

Workouts and refinancing agreements.
Enforcement of securities and realization of assets.
Insolvency and receivership proceedings under the Insolvency Act, 2015.
5

Securities & Capital Markets

We advise clients on compliance and transactions under the Capital Markets Act (Cap 485A), including:

Private placements and public offerings.
Listing and disclosure requirements.
Collective investment schemes and fund management.
Takeovers, mergers, and insider trading regulations.

Why Clients Choose Us

Cross-Industry Experience

We represent banks, microfinance institutions, insurance firms, real estate developers, and fintechs.

Regulatory Insight

Our team engages with the CBK, CMA, SASRA, and RBA on compliance and policy matters.

Transactional Excellence

We deliver precise documentation that minimizes exposure and simplifies enforcement.

Problem-Solving Approach

Whether structuring a loan or rescuing a distressed borrower, we focus on commercial solutions that preserve value.

Frequently Asked Questions

Q1: What are "perfected" securities?

Perfection is the process of registering or completing legal formalities to make a security enforceable against third parties, ensuring priority in case of insolvency.

Q2: Can foreign lenders take security over Kenyan assets?

Yes — subject to exchange control regulations and registration under Kenyan law. We guide foreign lenders through compliance with the Foreign Investments Protection Act and the Companies Act, 2015.

Q3: What's the difference between a fixed and floating charge?

A fixed charge attaches to a specific asset (like land), while a floating charge covers general assets that can change over time (like inventory).

Q4: How does the Movable Property Security Rights Act help lenders?

It allows for registration of non-land assets (vehicles, stock, receivables) as collateral — broadening access to credit.

Q5: Do you handle debt recovery litigation?

Yes — we represent banks, lenders, and creditors in enforcing securities and recovering debts through court or ADR mechanisms.

We Secure the Legal Foundations of Every Financial Deal.

From loan structuring to securities perfection, our team ensures every transaction is compliant, enforceable, and commercially sound.

Book a Consultation Today