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REAL ESTATEGUIDE

ii ANJARWALLA&KHANNA-REALESTATEGUIDE

This Real Estate Guide provides an overview of Kenya’s real estate sector. It provides useful information to investors and stakeholders on legal aspects of the industry, such as applicable regulatory frameworks and basic taxes.

ANJARWALLA&KHANNA-REALESTATEGUIDE III

A&K Tanzania

“ALN is a distinguished legal network covering an expansive and growing number of jurisdictions in Africa. It has a broad coverage of the Sub-Saharan region and continues to expand its reach with the addition of member firms in francophone and North Africa. The network offers clients engaging in pan-African cross-border matters a single integrated service with deep local knowledge.” – Chambers Global 2019

iv ANJARWALLA&KHANNA-REALESTATEGUIDE

ABOUT US

Anjarwalla & Khanna (A&K) is one of the leading corporate law firms in Kenya and is the largest full-service corporate law firm in East Africa with over 100 lawyers. It is bolstered by the firm’s pan-African reach through ALN, a leading alliance of top-tier independent firms in fifteen countries across Africa and the UAE. A&K has offices in both Nairobi and Mombasa, Kenya’s two main commercial centres, providing a broad range of legal services in both. In addition, A&K has established a legal consultancy firm in Dubai, Anjarwalla Collins & Haidermota (AC&H), which provides corporate and commercial legal services out of the Middle East.

A&K has been widely recognised as a leader by top directories and institutions. The firm has won various awards, including ‘Large Law Firm of the Year’ 2019 at the Law Society of Kenya Nairobi branch Legal awards, ‘Kenyan Law Firm of the Year’ 2018 by Chambers & Partners, ‘M&A Team of the Year’ 2018 at the African Legal Awards, ‘Legal Advisor of the Year’2018 at the East Africa Venture Capital Association Industry awards, and ‘Best Legal Transaction Advisor’ 2018 at the Think Business Investment awards. The firm has also been named the ‘African Law Firm of the Year’ at the African Legal Awards four times since the launch of the award in 2013, and is currently ranked first in Kenya by various international legal directories, including Chambers Global, IFLR1000, and Legal 500.

Areas of Practice ▷ Real Estate & Construction

▷ Banking, Finance & Insolvency

▷ Capital Markets

▷ Commercial

▷ Competition

▷ Corporate M&A

▷ Dispute Resolution

▷ Employment

▷ Forensics, Investigations & Compliance

▷ Intellectual Property

▷ Private Clients

▷ Projects & Infrastructure

▷ Tax

ANJARWALLA&KHANNA-REALESTATEGUIDE 1

ABOUT ALN

ALN is an alliance of leading corporate law firms currently in fifteen key African jurisdictions and the UAE. We have a presence in Francophone, Anglophone, Lusophone and Arabic speaking Africa: Algeria, Ethiopia, Guinea, Kenya, Madagascar, Malawi, Mauritius, Morocco, Mozambique, Nigeria, Rwanda, Sudan, Tanzania, Uganda and Zambia. The firms are recognised as leading firms in their markets and many have advised on ground breaking, first-of-a-kind deals.

ALN firms work together in providing a one-stop-shop solution for clients doing business across Africa. ALN’s reach at the local, regional and international levels, connectivity with key stakeholders, and deep knowledge of doing business locally and across borders allows it to provide seamless and effective legal, advisory and transactional services across the continent. Our high level of integration is achieved by adherence to shared values and an emphasis on excellence and collaboration. We share sector-specific skills and regional expertise thus ensuring our clients benefit from the synergies of the alliance.

ALN is proud to have won the ‘Africa Network/Alliance of the Year’ award at the 2018 African Legal Awards hosted by Legal Week, which recognises its leadership in the market in legal expertise and innovation, strategic vision, business winning, service delivery across the continent and commitment to CSR. Chambers Global has also consistently ranked the ALN alliance as Band 1 in the “Leading Regional Law Firm Networks – Africa-wide” category.

For more information on ALN, please visit: www.africalegalnetwork.com

2 ANJARWALLA&KHANNA-REALESTATEGUIDE

LEGAL

FRAMEWORK

The main laws governing the real estate and construction sector in Kenya include:

▶ The Constitution of Kenya, 2010, which under Chapter Five provides a legal framework for transactions in land.

▶ Key statutes:

▷ National Land Commission Act, 2012 (NLC Act) which provides for functions and powers of the National Land Commission (NLC);

▷ Land Registration Act, 2012 (LRA) which governs the registration of contracts and instruments in relation to land;

▷ Land Act, 2012 (LA) and the series of land regulations which consolidate all the different land systems in Kenya and provides for sustainable administration and management of land and land based resources;

▷ Community Land Act, 2016 (CLA) which provides for the recognition, protection and registration of community land rights; management and administration of community land;

▷ The series of regulations enacted under the NLC Act, the LRA and the CLA which include but are not limited to:

» Land Registration (Registration Units) Order;

» Land Registration (General) Regulations;

» Land (Extension and Renewal of Leases) Rules;

» Land (Conversion of Land) Rules (the Conversion Rules);

» Land (Assessment of Just Compensation) Rules (Compensation Rules); and

» Land (Allocation of Public Land) Regulations (Public Land Allocation Regulations).

▷ Land Control Act (LCA) which regulates transactions affecting agricultural land and establishes the Land Control Boards (LCBs);

▷ Landlord and Tenant (Hotels, Shops and Catering Establishments) Act (Cap.301) which provides for protection of tenants in commercial premises from eviction or exploitation;

▷ Sectional Properties Act, 1987 which provides for the division of buildings into units, ownership of common property of buildings and for the use and management of units and common property;


▷ Distress for Rent Act (Cap.293) which provides procedures for levying distress for rent;

▷ The Rent Restriction Act (35 of 1959) which makes provision for restricting the increase of rent, the right to possession, and for fixing standard rents, in relation to certain dwelling-houses, and for other purposes incidental to or connected with the relationship of landlord and tenant of certain dwelling houses;

▷ The National Construction Authority Act, 2011 which establishes the National Construction Authority and sets out its powers and functions;

▷ Environment and Land Court Act, 2011 (ELC Act) which establishes the Environment and Land Court (ELC) and sets out its powers and functions;

▷ Environmental Management and Coordination Act, 1999 (EMCA) which deals with environmental issues and establishes the National Environment Management Authority (NEMA);

▷ Physical and Land Use Planning Act (Act No. 13 of 2019) (PLUPA) which repealed the Physical Planning Act, Cap 286 and provides the framework on matters relating to land use development planning, development control, enforcement and dispute resolution;

▷ Urban Areas and Cities Act 2011 which provides for the classification, governance and management of urban areas and cities; and

▷ Housing Act (Cap 117) and the accompanying Housing Fund Regulations, 2018 which were enacted in December 2018 to provide the legal framework for the implementation of the Affordable Housing Scheme.

▶ Other laws which have an impact on the real estate and construction sector include:

▷ Stamp Duty Act (Cap 480) which provides for the levying and managing of stamp duties;

▷ Income Tax Act (Cap 470) which provides the legal framework for levying and computation of capital gains tax on transfer of property;

▷ The Value Added Tax, 2013 which provides the legal framework for levying of value added tax on the sale, leasing, renting of commercial properties;

▷ The Land Value (Amendment) Act 2019 which came into force on 16th August, 2019 and amended various sections of the LA, the LRA and the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act;


LEGAL

FRAMEWORK

▷ The Special Economic Zones Act, 2015 which provides for the establishment of special economic zones, the promotion and facilitation of global and local investors and the development of enabling environments for such investments;

▷ The Building Surveyors Act, 2018 which came into force on 18 January, 2019 seeks to provide for the registration and licensing of building surveyors and regulate their activities and conduct;

▷ The Land Laws (Amendment) Act 2016 which amended the land laws to align them with the Constitution; and

▷ Value for Rating Act which empowers County Governments to value land for the purposes of rates.


INSTITUTIONAL

FRAMEWORK

The key government agencies that regulate the real estate sector include:

Ministry of Lands and Physical PlanningThe Ministry is in charge of providing direction and co-ordination on all matters relating to land, housing and urban development including land administration, physical and urban planning for land use, survey and mapping, land adjudication, settlement matters, rural settlement planning, land registration, national spatial data infrastructure, land and property valuation services.

NationalLandCommission(NLC)The NLC was established under the NLC Act to regulate the use of public land and formulate national land policy.

Land RegistriesEstablished under the LRA for maintaining land registers and undertaking registration of documents relating to transactions in land in each registration unit.

LandControlBoard(LCB)Established under the LCA to have oversight of and control transactions affecting agricultural land.

DepartmentofSurveyThe department is responsible for national surveying and mapping of land in Kenya.

NationalEnvironmentManagementAuthority(NEMA)NEMA’s function is to implement all policies relating to the environment.

CountyGovernmentsCounties are established under the Constitution and the County Governments Act 2011. County Governments consider the initial applications for development permissions within their jurisdiction i.e. extension of user, change of user, subdivision, amalgamation and building and construction permits.

They also hold unregistered community land in trust for the local communities within their jurisdiction.

EnvironmentandLandCourt(ELC)A superior court established under the ELC Act to hear and determine disputes relating to the environment and the use, occupation of and title to land.

TheKenyaRevenueAuthority(KRA)The KRA is an agency that is responsible for the assessment, collection and accounting for all revenues including land rent, residential income tax, value added tax, stamp duties and capital gains tax.


ONGOING KEY LAND REFORM

PROGRAMMES

NationalLandInformationManagementSystemThe Ministry of Lands has embarked on a programme to develop and operationalise a Land Information Management System (LIMS). Under LIMS, services such as transfer of ownership, issuance of consent to transfer or charge, valuation requisitions, payment and issuance of land rent clearance certificate, all payments including stamp duty, registration fees, consent fees, application and withdrawal of caution/caveats/restrictions, registration of land documents and searches are anticipated to be conducted via an online portal.

NationalTitlingProgrammeThis programme is aimed at registering all unregistered land, completion of ongoing land adjudication programmes, finalisation of ongoing settlement schemes, preparation of a database of all private land invaded by squatters to guide the settlement program, regularisation of informal urban centres, subdivision, processing of leases, fast tracking demarcation and registration of community land and fast tracking of the land titling programme for public institutions.

DigitisationofLandRegistriesThe Ministry of Lands is working on a programme to automate and digitise land registries across the country.

1 Access the unapproved version of the national spatial plan at https://lands.go.ke/wp-content/uploads/2018/03/National-Spatial-Plan.pdf.

Phase I of the program entails the automation of registration processes at the Nairobi registry and automation of adjudication and survey processes.

Phase II of the program entails conversion of paper records to electronic records. As of today, some property records under the Nairobi Lands Registry and the Central Registry have been digitised and some applications including land searches, land rent clearance certificates, consents to transfer and valuation requisitions can now be done online.

DevelopmentofaNationalSpatialPlan1

The Ministry of Lands is working on developing a national spatial plan that will guide the long term spatial development of the country for the next 30 years. The strategy is to identify agro-ecological zones, key development corridors, resource potential, hierarchical polycentric nodes in human settlement, monocentric zones and complementary polycentric nodes so as to achieve an organised, integrated, sustainable and balanced development of the country.

NationalCadastralMapsThe Ministry is currently working on creating cadastral plans and maps which, once finalised, will be essential for registration of documents in conferring land rights.


AffordableHousingThe Ministry of Lands is playing an integral part in the promulgation of the affordable housing programme (AHP). The AHP is an initiative by the national government as one of the pillars under the ‘Big 4 Agenda’ which is aimed at ensuring that low and middle income households access decent and affordable housing units. The affordable houses will be financed and built by private developers on both private and national and county government land. The AHP differs from other housing schemes in Kenya as it is the first comprehensive programme in which the Government of Kenya seeks to use private sector funding (statutory/voluntary contributions, grants from development partners and equity partners investments) to facilitate provision of homes to Kenyans in the lower and middle income brackets.

The AHP also provides accessible and affordable financing options for potential homeowners using the National Tenant Purchase Scheme method where users will pay an affordable monthly payment. There are a number of AHP projects that have already been identified for construction including, Park Road Ngara, Pangani Estate and the Starehe affordable housing project. These projects are mostly envisioned as mixed–use developments with social, common and housing amenities.


OUR REAL ESTATE AND CONSTRUCTION

PRACTICE

Over the years, we have developed a multifaceted full service real estate and construction team. We provide advice and services that cut across the entire real estate sector, from representing private property owners and developers to dispose or acquire properties, to advising on land use and planning, projects and construction, real estate investments, joint ventures, construction financing as well as the property aspects of energy and infrastructure projects and corporate restructurings.

Our lawyers keep up to date on local, regional and global developments in the real estate industry. We have representation on key industry bodies such as the Kenya Property Developers Association and are directly involved in regulatory reform in Kenya, enabling us to implement the latest structures in the market.

We advise our clients on a broad range of real estate and construction law issues, including:

DisposalsandAcquisitionsWe regularly represent property owners in the sale of properties. We support our clients to seize opportunities for growth and competently negotiate contracts and other complex transaction documents.

We act for private clients and institutional developers throughout the property acquisition process including undertaking due diligence, title issues, transaction management, completion formalities and giving advice that adds long-term value to the client’s business.

DevelopmentsWe have developed an outstanding reputation for providing sound advice to developers of residential, commercial, retail, industrial and mixed use projects. We work with developers throughout the project life cycle, including advising on property acquisition, formation of the investment vehicles, legal and tax structuring, construction and related property financing, property and building management, construction contracts, sales and leasing. We are also experienced in advising on and structuring joint ventures and other special purpose vehicles.

We often serve as a link between land owners, developers, project financiers, contractors, specialists including architects and engineers, other consultants and real estate practitioners.

ConstructionWe have extensive experience representing a variety of developers, general contractors, subcontractors and suppliers in commercial, residential or industrial construction projects on a broad range of construction law issues, including reviewing, drafting and negotiating construction contracts and performance bonds; property liens and bond claims; and breach of contract and warranty claims.

Project FinancingOur team advises developers, banks and other financial institutions, foreign investors and non-traditional lenders on structuring construction, commercial and home loan products, real estate


related financing or refinancing in addition to preparing and perfection security documents.

Based on our extensive experience, we understand the risk implications of various forms of real securities such as charges (mortgages) and security agreements. We have experience in acquisition and leveraged finance, project finance, syndicated lending as well as infrastructure development. Where necessary, we advice on enforcement of security.

SalesandLeasingWe have years of experience representing developers, landlords and tenants in residential, commercial, retail (shopping centres and malls), industrial, office and mixed-use developments on matters relating to sales, short term and long term leasing including advise on liability and risk avoidance, day-to-day operational issues and dispute resolution. We have negotiated major acquisitions and leases with nationally and internationally recognised retailers, financial services institutions, restaurant chains and entertainment service providers.

HotelandHospitalityIndustryWe are a trusted legal services provider in the hotel and hospitality services industry. We advise developers on many aspects including franchise review, negotiation of hotel management contracts, hotel type agreements, technical services agreements, joint facilities and service agreements, license and royalty agreements, key money agreements and international service agreements.

LicensingandRegulatoryIssuesWe advise on regulatory and compliance issues including land use planning, zoning and environmental advice.

TrainingandSeminarsA&K provides proactive, add-on services to property owners, developers and real estate managers by organising seminars and workshops to train professionals on current legal topics affecting the specific business lines, risk management issues concerning developers and buyers, landlords and tenants and other relevant real estate matters.


STRUCTURING OPTIONS FOR REAL ESTATE

PROJECTS

Real estate deals are becoming more complex as the East African market develops and matures. Increasingly the deals are highly structured and involve sophisticated financing arrangements. There are various options that are used to structure real estate projects in Kenya. The most common inlude:

SubdivisionThis option is relevant for developers or land owners who opt to sell off portions of land to developers or individual investors who will in turn develop the parcels in accordance with a prescribed development criteria manual. Under this option, the land owner or lead developer sub-divides the land into smaller portions and then procures separate titles for the sub-divided portions which are then transferred to individual investors, anchor developers and line developers.

SectionalPropertiesThe sectional properties structure is governed by the Sectional Properties Act, 1987 and largely applies to flats, apartments or office blocks. The sectional title system of ownership and the long term lease structure are very similar although the long term lease structure is less rigid. However, the sectional properties structure only applies to land held under freehold title or leasehold title where the unexpired residue of the term is not less than forty-five (45) years. The sectional properties option has remained largely redundant as it lacks proper structures and systems for its use and it also has unattractive statutory conditions and restrictions.

LongTermLeaseStructureThis is a popular structure in the property development market in Kenya as it deals with some of the challenges under the subdivision and sectional title structures. This option gives the developer the ability to have some measure of development controls and restrictions while granting separate titles (long term leases) to investors in the development. The long term lease option is used in residential developments comprising apartments, town houses, villas and maisonettes; commercial developments comprising offices, retail shops; in industrial developments comprising go downs and industrial parks; mixed use developments and in the sale of vacant undeveloped portions of land in a controlled development.

As illustrated in the diagram below, this option can also be structured in such a way that the developer can opt to retain the management of the development as well as the provision of utility services such as water, electricity and water management in exchange for payment of service charge and as a revenue stream or delegate such functions to a third party.


Structuring Real Estate ProjectsExample of Large-Scale Real Estate Project Structured by A&K

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REAL ESTATE TAX

STRUCTURING

Tax considerations are vital to any real estate development structure as they directly impact investor returns and risk management profile. Investors should consider tax issues related to the real estate sector and property investments with the objective of complying with the laws, minimizing tax leakages on investor earnings and mitigating risks.

There is no “one-size-fits-all” approach to the tax structuring of a real estate or construction project as it will depend on the facts and circumstances including:

i. investor type (e.g. taxable versus tax-exempt);

ii. the business plan of the investor;

iii. type of project special purpose vehicle (i.e. limited liability company vis-à-vis a partnership or an individual); and

iv. any treaties or other tax benefits that the developer can rely on.

A&K provides comprehensive advice on tax structuring for real estate projects from the initial acquisition- investment period- up to the point of exit.

An overview of some of the key relevant taxes to be considered for real estate and construction development is set out below.

CorporateTaxTax ResidencyResident and non-resident corporate entities with a permanent establishment in Kenya are subject to tax on all income accrued in or derived from Kenya or partly derived in Kenya and partly derived elsewhere. Depending on the tax residency status, different corporate tax rates will apply.

Capital AllowancesCertain capital allowances may be available for a real estate business. These capital allowances are deducted from profits chargeable to corporate income tax.

Deemed InterestDeemed interest provisions apply in respect of interest-free loans from non-resident shareholders to a resident company on an interest-free basis. The resident company is required to compute a deemed-interest charge based on the prevailing Treasury Bill rates and remit to the KRA a withholding tax on the notional (deemed) interest.

Thin CapitalisationThe thin capitalisation rules apply where the company is in control of a non-resident entity alone or together with four or fewer other persons and where the company is not a bank or a financial


institution licenced under the Banking Act. Thin Capitalization rules limit the deductibility of loan interest payments to the extent that the highest amount of loans held by the company at any time during the year of income exceeds three times the sum of the revenue reserves and the issued and paid up capital of all classes of shares of the company.

WithholdingTaxWithholding tax (WHT) is deducted at source from the following sources of income: Interest, dividends, management or professional fees, commissions, rent, betting & gaming.

DividendsFor dividends paid to Kenyan residents or on listed shares for citizens of the East Africa Community (EAC), the rate of WHT is 5 percent. A 10 percent rate applies for the dividend payments to non-residents. No WHT is imposed if the recipient is a resident company which controls 12.5 percent or more of the capital in the paying company. Dividends distributed on untaxed income are charged at compensating tax at a rate of up to 42.86 percent.

Management FeesWHT is chargeable on management and professional fees at the rate of 5 percent for payments made by a resident person to another resident person and 20 percent WHT for payments made by a resident person to a non-resident person in the absence of preferential rates under a double tax treaty.

InterestLoan interest paid to residents and non-residents is subject to a 15 percent WHT. No WHT is imposed if the recipient is a qualifying Kenyan financial institution. In addition, interests on loans sourced from foreign sources for investments in the energy or infrastructure sectors are exempt from withholding tax.

Real Estate Investment Trusts (REITs)REITs generally have a preferential tax treatment in Kenya. The Finance Act 2012 (No. 4 of 2012) introduced an amendment into section 20 of the Income Tax Act granting tax exemptions to REITs save for withholding tax on interest and dividends. In addition, the REIT unitholders (whether individuals or companies) are not required to pay any tax on the income received from the REIT.

ValueAddedTaxValue Added Tax (VAT) is a consumer tax charged on the supply of taxable goods or services made in Kenya and on the importation of taxable goods or services into Kenya including building supplies. Any business making taxable supplies with a sales turnover of KES 5 Million and above per annum and above are required by law to register for VAT. Only registered persons can charge VAT. The VAT Act provides for two rates of VAT, 0 percent in the case of zero-rated supply and 16 percent in all other cases.

It is vital to note that VAT is applicable on the sale of developed commercial properties.


CapitalGainsTaxCapital Gains Tax (CGT) is chargeable on the whole of a gain which accrues to a taxable person on the transfer of property situated in Kenya at a rate of 5 percent.

In case of individuals, the “property” that is subject to CGT consists of land in Kenya and unlisted shares. In the case of companies, CGT applies on all forms of “property” (except on sale of road vehicles) more specifically on transactions involving sale of shares of the company and sale or transfer of assets of the business. It is paid by the person (resident or non-resident) transferring the property.

CGT exemptions are available for a variety of transactions.

StampDutyStamp duty is charged according to the value or nominal rates on certain financial instruments and transactions. Stamp duty at the rate of 1 percent is payable on transfer of shares. Stamp duty of 4 percent of the value of land is payable on the transfer of land within municipal areas. In rural areas, the stamp duty rate is 2 percent of the value of land. There is no stamp duty on the transfer of shares in a listed company. Other agreements and documents attract stamp duty at varying rates as specified in the Stamp Duty Act.

The transfer of a property into a REIT and the transfer of units in a REIT have recently been exempt from Stamp Duty.

There are additional stamp duty exemptions available for a variety of transactions.

OtherTaxesandDutiesCustoms DutyKenya is a member of the EAC Customs Union. Accordingly, customs duty is charged under the East African Community Customs Management Act, 2004 (the EACCMA). Customs duty is charged on the importation of goods (including construction equipment and building materials) depending on their nature and value.

A Railway Development Levy, at the rate of 1.5 percent of the customs value of the goods is payable on all goods imported into the country and intended for home use by the importer at the port of entry.

Excise DutyExcise Duty is imposed on specific imported or locally manufactured goods and services listed in the Customs and Excise Act.

REAL ESTATE TAX

STRUCTURING


SECTOR

EXPERIENCE

A&K has undertaken majority of the landmark mixed use, retail, industrial, commercial and residential developments in the country that have utilized the long term structure. These include:

AVICInternationalActing for AVIC International Real Estate, a subsidiary of Aviation Industry Corporation of China, in connection with its development of an estimated USD 400 million mixed-use state-of-the-art development known as the Global Trade Centre comprising a 184 metre office tower, a modern retail and commercial centre, a five star hotel and three residential apartment blocks consisting of an aggregate of 514 high end apartments.

GardenCityActing for Actis, a leading private equity investor, in connection with the Garden City Estate, a USD 250 million integrated mixed-use development, that comprises of a 500,000 square feet retail mall and 215 residential units in Nairobi.

TwoRiversActing for Centum, a leading East African investment company listed on the Nairobi Securities Exchange and the Uganda Securities Exchange, in connection with the Two Rivers Development, its 100 acre USD 251 million fully-integrated mixed use development- comprising a mall, office blocks, hotel and residential units- the largest mixed use development of its kind in Nairobi.

EdenvilleActing for Paramount Chief Estate in connection with its greenfield development of a medium-cost housing estate known as Edenville in Kiambu comprising of 345 villas in Phase 1 and 405 maisonettes in Phase 2.

MaiyanActing for Maiyan Holdings in connection with its development of Maiyan, a 24-hectare, integrated mixed-use development consisting of a hotel, recreational facilities, residential homes and development plots in Nanyuki, Kenya.

KaribuHomesActing for Karibu Homes in connection with its development of a mixed-use development known as Karibu Homes comprised of office spaces, a shopping centre, schools, a hospital and 1,000 low-cost homes in the Athi River, Kenya.

DGOasisSouthCActing for Vishwa Developers in connection with its development of DG Oasis South C, a 368-unit residential housing project and supporting shopping complex, nursery school and recreational facilities in South C, Nairobi.

TheRightAddressActing for Al-Faraz Holdings in connection with its development of The Right Address, a residential development in Mombasa, relating to forty three high-end apartments and related facilities.


SECTOR

EXPERIENCE SECTOR

EXPERIENCE

SheheenaMarinaApartmentsActing for Sheheena Enterprises in connection to its proposed development of Sheheena Marina Apartments, a mixed-use development in Mombasa including high-end apartments, a commercial center and related facilities.

ZaniaActing for Zania in connection with the purchase of a large number of small parcels of land from multiple sellers (aggregating over 600 acres of land) for a manufacturing plant and other commercial developments.

TatuCityActing for the developers of Tatu City, an eight year, ten-phased, 1,000-hectare mixed use ‘bedroom’ community outside of Nairobi.

TheOvalActing for The Oval, the developer of a 120,000 square feet “Grade A” commercial building comprised of high-end offices and retail spaces in Westlands, Nairobi.

KilifiPlantationsActing for Kilifi Plantations in connection with its sale of over 100 parcels of land in Kilifi.

HemingwaysPrivateResidencesActing for Hemingways Watamu in connection with its re-development and refurbishment of a high-end luxury resort in Watamu, Kenya.

VipingoCityActing for Centum in connection with the development of an economic and business hub on 10,254 acres of land in Vipingo including advising on the development of the industrial park to be situated on 1,000 acres comprising of both special economic zones (SEZ) and non-SEZ zones.

CityMallActing for Ideal Locations in connection with its development of a 250,000 square feet commercial retail mall known as City Mall in Nyali, Mombasa.

GreenspanActing for Greenspan Investments in connection with the 300,000 sq.ft Greenspan Shopping Mall located within Greenspan Housing Estate, a mixed use development in Donholm, Nairobi.


AWARDS &

RECOGNITION


THE REAL ESTATE & CONSTRUCTION

TEAM

AmynMussaPartner

CarolineKaruguSeniorAssociate

Kajal PatelAssociate

MonaDoshiPartner

Adnan KhanSeniorAssociate

PaulWanjohiSeniorAssociate

VivianKeragePrincipalAssociate

NicoleGichuhiSeniorAssociate

KarimAnjarwallaManaging Partner

MarjorieKivuvaPrincipalAssociate

ProviaOdhiamboAssociate


RobertGitongaAssociate

LeviMuchaiAssociate

AmosMutukuAssociate

AyushiDodhiaAssociate

LilianMakokhaAssociate

FredMogotuAssociate


KEY

CONTACTS

AmynMussaPartner

T:+254203640000E:[email protected]

MonaDoshiPartner

T:+254412230262E:[email protected]

Amyn Mussa has handled some of the largest real estate and construction projects in Kenya and East Africa. With over 20 years of experience, Amyn is consistently recognised by leading international directories for practical knowledge and expertise as well as his ability to leverage the firm’s market-leading projects and infrastructure practice which he heads. He is rated as a Leading Lawyer by Chambers Global, IFLR1000 and is featured in Who’s Who Legal. Legal 500 describes Amyn as “a stand out” name in the real estate and construction sector with ‘wide-ranging legal knowledge and commercial understanding’.

Mona Doshi is recommended for her real estate and banking expertise and is praised for being “extremely professional and diligent in her work”. She has authored numerous published articles on the real estate sector and regularly speaks at international and local conferences on sector developments.

Aside from handling a range of developments from luxury homes to high density development projects, Mona acts for high net worth clients who are active in the real estate sector and guides them through property transactions in Kenya.


Anjarwalla & Khanna is praised for its ‘sound legal, industry

and commercial knowledge’, advising on developments, land

transactions, retail leasing and construction contracts. The firm

has been at the forefront of many of Kenya’s largest real estate

matters, including the Two Rivers mixed-use development. It

also has a strong record in front-end construction in projects

and infrastructure developments.” - Legal 500 2018


ALN

FIRMS

ALGERIA Bourabiat Associés Chemin Mackley, Résidence de la Présidence, Bat C, Ben Aknoun, Alger, Algérie Tel: DZ: +213 775 388 597 | FR: +33 660 790 822 Email: [email protected]

ETHIOPIA Mesfin Tafesse & Associates Tensae Building, 2nd Floor, Office No. 001, Bole Road, Cape Verdi Street Tel: +251 11 667 2341 +251 11667 2271 Email: [email protected]

GUINEA SD Avocats Carrefour de Nongo, Pont de Kaporo, à côté de l’Ecole Centrale Tel: GN +224 620 56 54 95 | FR +33 7 78 02 72 84 Email: [email protected]

KENYA Anjarwalla & Khanna LLP ALN House, Eldama Ravine Close, Off Eldama Ravine Road, Westlands Tel: +254 0 203 640 000 | +254 0 703 032 000 Email: [email protected]

MADAGASCAR Madagascar Law Offices Immeuble APPEL 2ème étage– Route des Hydrocarbures Ankorondrano – Antananarivo – Madagascar Tel: +261 20 23 256 23 Email: [email protected]

MALAWI Savjani & Co. Ground Floor, Hannover House Hannover Avenue - Blantyre, Malawi Tel: +265 1 824 555 Email: [email protected]

MAURITIUS BLC Robert & Associates 2nd Floor, The Axis, 26 Cybercity Ebene 72201 Mauritius Tel: +230 403 2400 Email: [email protected]

MOROCCO BFR & Associés 201, Boulevard Zerktouni Casablanca, Morocco Tel: +212 5 22 94 96 77 Fax: +212 5 22 94 85 25 Email: [email protected]


MOZAMBIQUE ABCC Av. Kenneth Kaunda, 660, Bairro da Sommershield, Maputo, Mozambique Tel: +258 823 026 110 | +258 843 894 872 Email: [email protected]

NIGERIA G. Elias & Co. 6 Broad Street Lagos, Nigeria Tel: +2341 4607890 | +2341 2806970 Email: [email protected]

RWANDA K-Solutions & Partners KN 50ST Ganza -Kiyovu Nyarugenge, Kigali City, Rwanda Tel: +250 727 000 973 Email: [email protected]

SUDAN Omer Ali Law Firm 3rd floor, Tower of Arab Authority for Agricultural Investment and Development Plot 2/1, Block 9/E, Khartoum East, Sudan Tel: +249 155 155 554 Email: [email protected]

TANZANIA A&K Tanzania 1st Floor, Opal Place, 77 Haile Selassie Road, Masaki, Dar es Salaam, Tanzania Tel: +255 22 260 1151/2 Email: [email protected]

UGANDA MMAKS Advocates 4th Floor, Redstone House, 7 Bandali Rise, Bugolobi, Uganda Tel: +256 414 259920 Email: [email protected]

ZAMBIA Musa Dudhia & Co. 2nd Floor, ALN House 1394 Mushemi Road, Rhodes Park Tel: +260 211 253822 Email: [email protected]

UAE (Regional Office) Anjarwalla Collins & Haidermota Saaha Offices, Block C, Office 501A The Palace Downtown Tel: +971 4 4529091 Email: [email protected]

ALN KENYA | ANJARWALLA & KHANNA LLP Nairobi

ALN House, Eldama Ravine Close, Off Eldama Ravine Road, Westlands P.O. Box 200-00606, Sarit Centre, Nairobi, Kenya

T: +254 20 364 0000, +254 70 303 2000 E: [email protected]

Mombasa SKA House, Dedan Kimathi Avenue

P.O. Box 83156-80100, Mombasa, Kenya T: +254 41 231 4000, +254 41 231 2848,

+254 722 276401, +254 733 786296 E: [email protected]

www.africalegalnetwork.com/kenya

Documents

REAL ESTATE - Alliance of Top Tier African Law Firms