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Conveyancing & Perfection of Bank Securities

Expert property law services for individuals, developers, and financial institutions across Kenya.

Overview

Our Conveyancing practice is one of the firm's core strengths, built over three decades of handling property transactions for individuals, corporate clients, and banking institutions. We understand that property transactions represent significant investments, and our meticulous approach ensures that every transaction is legally sound, properly documented, and fully compliant with Kenyan land law.

We have extensive experience in the perfection of bank securities, working closely with financial institutions to ensure that mortgages, charges, and other security instruments are properly registered and enforceable. Our team maintains strong relationships with land registries across the Republic of Kenya, enabling us to execute assignments efficiently.

Services We Provide

  • Property Purchases & Sales — Drafting and reviewing sale agreements, conducting due diligence, attending to completion, and ensuring proper title transfer for residential, commercial, and industrial properties.
  • Perfection of Bank Securities — Preparation and registration of mortgages, legal charges, debentures, and other security documents for banking and financial institutions.
  • Title Searches & Due Diligence — Comprehensive investigation of title history, encumbrances, caveats, and ownership disputes to protect our clients' interests.
  • Lease Agreements — Drafting, reviewing, and negotiating commercial and residential leases, including landlord-tenant dispute resolution.
  • Land Subdivision & Consolidation — Advisory and documentation services for subdivision of land, change of user, and consolidation of parcels.
  • Registration of Documents — Attending to registration of transfers, charges, discharges, and other instruments at various land registries throughout Kenya.

Our Process

1

Instruction

Receive client instructions and initial documentation.

2

Search

Conduct title search and due diligence.

3

Draft

Prepare agreements and security documents.

4

Complete

Execute, stamp, and register documents.

Frequently Asked Questions

How long does a property transfer take in Kenya?
The timeline varies depending on the registry and complexity. A straightforward transfer typically takes 60-90 days from execution of the sale agreement to registration. We work diligently to expedite the process while ensuring full compliance with legal requirements.
What documents are needed for perfection of a bank security?
Typically required documents include the charge instrument, board resolutions (for companies), consent from relevant authorities, valuation report, and proof of stamp duty payment. We guide our banking clients through every requirement to ensure flawless registration.
Do you handle conveyancing outside Nairobi?
Yes. Although our head office is in Nairobi, we have the capacity to execute legal assignments at all Court Registries and Land Registries within the Republic of Kenya. We also have a branch office in Machakos to serve our clients in that region.
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Commercial Litigation & Debt Recovery

Strategic dispute resolution and effective debt collection for businesses and individuals.

Overview

Our Commercial Litigation and Debt Recovery practice is led by experienced advocates who have successfully represented clients in complex commercial disputes across Kenyan courts. We combine aggressive litigation strategies with practical business judgment to achieve favorable outcomes while minimizing disruption to our clients' operations.

Our debt recovery team has a proven track record of recovering outstanding debts through negotiation, statutory demand, and court enforcement. We represent banks, insurance companies, cooperative societies, and individual creditors in recovering what is rightfully theirs.

Services We Provide

  • Contract Disputes — Breach of contract claims, specific performance actions, and damages recovery for commercial agreements.
  • Debt Recovery — Demand letters, statutory notices, winding-up petitions, and enforcement of judgments including garnishee proceedings.
  • Banking Disputes — Recovery of secured and unsecured debts, enforcement of securities, and defense of banking litigation.
  • Corporate Disputes — Shareholder disputes, derivative actions, director liability claims, and partnership dissolution.
  • Insolvency & Restructuring — Receivership, liquidation, administration, and corporate restructuring advice.
  • Employment Litigation — Wrongful dismissal claims, restraint of trade disputes, and enforcement of employment contracts.

Our Process

1

Assess

Evaluate merits and quantum of claim.

2

Strategy

Develop cost-effective litigation plan.

3

Action

Commence proceedings or negotiation.

4

Resolve

Secure judgment and enforce recovery.

Frequently Asked Questions

What is the statute of limitations for debt recovery in Kenya?
Under the Limitation of Actions Act, the general limitation period for contract debts is 6 years from the date the cause of action accrued. However, certain securities and judgments have different limitation periods. We assess each case individually to ensure timely action.
Can you recover debts without going to court?
Yes. We always explore amicable settlement and negotiation first. Many debts are recovered through demand letters and structured payment agreements. Litigation is pursued only when pre-litigation efforts fail, keeping costs down for our clients.
How are your litigation fees structured?
Our charges are based on the Advocates Remuneration Order, taking into account the complexity, value, and importance of the matter. We provide estimates where possible and are always willing to discuss fee arrangements. We may also accept instructions on a contingency basis for qualifying debt recovery cases.
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Insurance Litigation

Specialized representation for insurers, insured parties, and claimants in coverage and liability disputes.

Overview

Our Insurance Litigation practice has deep expertise in the Kenyan insurance sector, representing both insurance companies and policyholders in complex coverage disputes, liability claims, and regulatory matters. We understand the technical and commercial nuances of insurance law, enabling us to provide strategic advice that protects our clients' interests.

We have represented major insurance companies in defending claims, interpreting policy wording, and handling subrogation matters. Our team also assists insured parties in securing rightful coverage and challenging wrongful claim denials.

Services We Provide

  • Coverage Disputes — Interpretation of policy terms, coverage analysis, and representation in coverage litigation for all classes of insurance.
  • Third-Party Liability Defense — Defense of motor, public liability, professional indemnity, and employer's liability claims.
  • Subrogation & Recovery — Pursuing recovery from responsible third parties after indemnifying insured clients.
  • Reinsurance Disputes — Arbitration and litigation of reinsurance claims and treaty interpretation matters.
  • Regulatory Compliance — Advising insurers on compliance with Insurance Regulatory Authority requirements and market conduct rules.
  • Personal Injury Claims — Representation of claimants and defendants in personal injury, negligence, and fatal accident claims.

Our Process

1

Review

Analyze policy terms and claim facts.

2

Advise

Provide coverage opinion and strategy.

3

Defend

Handle litigation or settlement negotiation.

4

Resolve

Secure favorable judgment or settlement.

Frequently Asked Questions

What types of insurance claims do you handle?
We handle all classes of insurance including motor, property, public liability, professional indemnity, employer's liability, marine, and life insurance. Our experience spans both defense of claims and pursuit of coverage on behalf of insured parties.
How do you approach insurance coverage disputes?
We begin with a thorough analysis of the policy wording, claim facts, and applicable law. We then provide a clear coverage opinion and recommend the most cost-effective resolution strategy — whether through negotiation, mediation, or litigation.
Do you represent both insurers and insured parties?
Yes. We maintain strict conflict-checking protocols to ensure we can represent both sides without conflict. Our dual perspective gives us unique insight into how the opposing side approaches disputes, benefiting all our clients.
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Banking & Corporate Training

Corporate governance, regulatory compliance, and specialized training for financial institutions and businesses.

Overview

Our Banking and Corporate practice serves financial institutions, corporate clients, and regulatory bodies with comprehensive legal and advisory services. We understand the complex regulatory environment in which banks and corporations operate, and we provide practical guidance that balances compliance with commercial objectives.

We also offer specialized training programs for banking and corporate clients, designed to keep management and staff apprised of changes in the legal and regulatory landscape. Our training is practical, interactive, and tailored to the specific needs of each organization.

Services We Provide

  • Corporate Governance — Board advisory, shareholder agreements, company secretarial services, and compliance with the Companies Act.
  • Banking Regulation — Central Bank of Kenya compliance, prudential guidelines, capital adequacy advice, and licensing matters.
  • Corporate Finance — Loan documentation, syndicated financing, project finance, and security structuring.
  • Mergers & Acquisitions — Due diligence, transaction structuring, regulatory approvals, and post-merger integration.
  • Corporate Training — In-house training on banking law, corporate governance, anti-money laundering, and regulatory compliance.
  • Privatization & Public-Private Partnerships — Advisory on government divestiture, PPP structuring, and concession agreements.

Our Process

1

Assess

Understand client objectives and regulatory landscape.

2

Advise

Provide strategic legal and commercial guidance.

3

Document

Draft agreements, policies, and compliance frameworks.

4

Train

Deliver customized training and ongoing support.

Frequently Asked Questions

What corporate training programs do you offer?
We offer customized training on banking law and regulation, corporate governance best practices, anti-money laundering compliance, debt recovery procedures, and insurance law. Programs are tailored to the specific needs of your organization and delivered at your premises or ours.
Do you assist with CBK licensing matters?
Yes. We advise banks, microfinance institutions, and other regulated entities on licensing applications, compliance with prudential guidelines, and regulatory enforcement matters. We maintain strong working relationships with regulatory bodies.
Can you handle cross-border corporate transactions?
Absolutely. We have the ability and experience to advise on and execute complex international transactions. Our Managing Partner is a member of the International Bar Association, and we collaborate with foreign counsel when necessary to ensure seamless cross-border deals.
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Alternative Dispute Resolution & Arbitration

Efficient, cost-effective resolution of disputes through mediation, arbitration, and negotiated settlement.

Overview

Litigation can be time-consuming, expensive, and damaging to business relationships. Our ADR and Arbitration practice offers clients efficient alternatives to court proceedings, preserving commercial relationships while achieving fair outcomes. Our Managing Partner is an Associate Member of the Chartered Institute of Arbitrators, bringing recognized expertise to every arbitration matter.

We represent clients in institutional arbitrations under the rules of the Chartered Institute of Arbitrators (Kenya Branch), LCIA, ICC, and ad hoc proceedings. We also serve as mediators and arbitrators, bringing impartial judgment and procedural rigor to dispute resolution.

Services We Provide

  • Commercial Arbitration — Representation in domestic and international arbitrations, including appointment of arbitrators and enforcement of arbitral awards.
  • Mediation — Facilitated negotiation to achieve mutually acceptable settlements in commercial, family, and employment disputes.
  • Negotiated Settlements — Structured negotiation strategies to resolve disputes without formal proceedings, preserving business relationships.
  • Arbitration Awards & Enforcement — Drafting awards, challenging awards, and enforcing arbitral awards in Kenyan courts.
  • Dispute Review Boards — Advisory and representation in construction and infrastructure project dispute boards.
  • Case Management — Strategic case preparation, evidence management, and hearing representation in all forms of ADR.

Our Process

1

Analyze

Ass dispute merits and ADR suitability.

2

Select

Choose appropriate ADR mechanism.

3

Prepare

Build case and select neutral panel.

4

Resolve

Achieve binding award or settlement.

Frequently Asked Questions

Is an arbitration award enforceable in Kenya?
Yes. Kenya is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Arbitral awards, whether domestic or international, are enforceable in Kenyan courts under the Arbitration Act. We have extensive experience in both obtaining and enforcing awards.
When is ADR preferable to litigation?
ADR is generally preferable when parties wish to preserve a commercial relationship, maintain confidentiality, achieve a faster resolution, or avoid the costs and uncertainties of court proceedings. We assess each dispute to recommend the most appropriate resolution mechanism.
Can you serve as an arbitrator or mediator?
Yes. Our Managing Partner, Alphonce Muema Mbindyo, is an Associate Member of the Chartered Institute of Arbitrators and is qualified to serve as an arbitrator or mediator in domestic and international disputes. We also have other partners experienced in neutral dispute resolution.
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Wills, Probate & Estate Planning

Comprehensive estate administration, succession planning, and protection of family wealth.

Overview

Our Wills, Probate and Estate Planning practice helps individuals and families protect their assets, provide for loved ones, and ensure their wishes are honored. We understand the sensitive nature of succession matters and handle every case with discretion, empathy, and legal precision.

We have extensive experience in Kenyan succession law, including the Law of Succession Act, and we guide executors, administrators, and beneficiaries through the probate process with efficiency and care. Our team also handles complex estate disputes and contested probate matters.

Services We Provide

  • Will Drafting — Preparation of simple and complex wills, including testamentary trusts, living wills, and mutual wills for married couples.
  • Probate & Administration — Application for grants of probate and letters of administration, estate inventory, and distribution of assets to beneficiaries.
  • Estate Planning — Tax-efficient structuring of estates, trust creation, and inter vivos transfers to minimize estate duty and protect family wealth.
  • Contested Probate — Representation in will challenges, claims under the Law of Succession Act, and disputes between beneficiaries.
  • Trust Management — Creation and administration of private trusts, charitable trusts, and special needs trusts.
  • Power of Attorney — General and enduring powers of attorney, including registration and revocation.

Our Process

1

Consult

Understand family structure and wishes.

2

Draft

Prepare will or estate plan documents.

3

Execute

Formal signing with witnesses.

4

Administer

Probate application and distribution.

Frequently Asked Questions

What happens if someone dies without a will in Kenya?
When a person dies intestate (without a will), their estate is distributed according to the Law of Succession Act. The distribution depends on the deceased's family structure — spouse, children, parents, and other relatives may inherit in specified proportions. We guide families through this process and help secure letters of administration.
How long does probate take in Kenya?
The probate timeline varies depending on the complexity of the estate and the court registry. A straightforward probate application typically takes 6-12 months from filing to grant issuance. We work to expedite the process while ensuring all legal requirements are met.
Can a will be challenged in Kenya?
Yes. A will can be challenged on grounds including lack of testamentary capacity, undue influence, fraud, or failure to comply with formal requirements. We represent both challengers and defenders in contested probate proceedings, working to protect our clients' interests.

Not Sure Which Service You Need?

Contact us for a consultation. We will help you identify the right legal path forward.

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