DLA Piper Africa, Kenya (IKM Advocates) is pleased to be advising the U.S. International Development Finance Corporation (DFC) as local counsel in relation to a USD180 million (approximately KES. 23.6 billion) financing of Acorn Holdings Limited (Acorn) for the expansion of the Purpose-Built Student Accommodation (PBSA) program (marketed as Qwetu and Qejani).
Anne Kinyanjui has a wealth of expertise in banking and finance and is a distinguished expert in this practice area. She represents both local and international clients in high value and complex transactions including loan financing transactions and syndicated finance transactions. She has handled various loan financing transactions including a syndicated finance transaction involving six banks for one of the largest infrastructural projects in the country.
Anne is also a respected expert and is widely consulted in real estate matters. She has handled various real estate and development projects including advising on structuring real estate transactions, purchase and sale of various properties, due diligence, commercial leases and generally advising clients on legal issues arising from real estate transactions.
Experience has included advising:
- Overseas Private Investment Corporation (OPIC), in connection with facilities to be granted to Acorn Holdings Limited for financing 10 mixed-use development projects
- CDC Group Plc, lenders on a 40 MW solar project in Malindi, Kilifi County, Kenya. The scope of work includes advising on land structuring, drafting and negotiating Kenyan law finance documents, issuing customary legal opinions on Kenyan law, assisting clients with the Kenyan law governed conditions precedent and advising on any incidental Kenyan law issues
- A consortium of six lenders on a US$350 million debt financing to Kenya Pipeline Company Limited for the replacement of a multiproduct pipeline
- Three foreign lenders on a US$600 million syndicated medium-term loan to the Kenyan government
- A leading school in the sale of a portion of its property for more than US$11 million. The transaction involved coordinating the subdivision and change of the use of the property, drafting and negotiating the terms of the sale agreement, and ensuring that the client was satisfied with the conditions set out in the agreement
- A foreign investor in connection with the purchase of a property for the sum of KES275 million (approximately USD275,000). The brief involved advising the client and undertaking the incorporation of a Kenyan subsidiary, reviewing and negotiating the terms of the sale agreement, coordinating with a surveyor to carry out due diligence on the property, reviewing the transfer and liaising with the vendor’s advocates on the completion documents
- A commercial bank in Kenya in the preparation of security documents for a financial facility of US$53 million granted to a customer to finance the extension of a shopping mall and the construction of a hotel. The brief entailed drafting and registering various security documents
- KTDA Power in a USD55 million syndicated financing from International Finance Corporation (IFC), PROPARCO, GAFSP and FMO in respect of more than seven, small, run-of-river hydro power projects in Kenya
- Sponsors on two 40 MW solar power projects in Uasin Gishu County
- A commercial bank in Kenya in carrying out due diligence in respect of a proposed acquisition of a portfolio of loans from another local bank
- Various clients including property developers, owners of commercial buildings, and individuals and corporate persons, in the purchase and sale of various properties (commercial, residential and agricultural), the extension of leasehold terms, and the subdivision and amalgamation of properties. The transactions involved negotiation, preparing and approving terms of sale agreements, preparing transfers, approving leases, registering transfers, leases and security documents at the land office, and generally advising clients on legal issues
Professional Qualifications
- Admitted as an Advocate of the High Court of Kenya (2003)
Education
- Kenya School of Law, Diploma in Law (2002)
- University of Nairobi, Bachelor of Laws LL.B. (2001)
- Certified Public Secretary (CPS) (2001)
Recognition
- Ranked as a leading lawyer by Chambers Global 2019
- Highly Regarded by IFLR 1000
Prior Experience
- 2009 to date, Partner, Iseme Kamau & Maema Advocates, DLA Piper Africa member firm in Kenya
- 2004 to 2009, Senior Associate, Iseme Kamau & Maema Advocates, DLA Piper Africa member firm in Kenya
Memberships
- Member of the Law Society of Kenya
- Member of the Institute of Certified Public Secretaries of Kenya
In May 2023, the Senator of Trans Nzoia County, Senator Allan Chesang sponsored the Real Estate Regulation Bill (Bill), which is currently under consideration by Senate. The Bill draws heavily from the Indian Real Estate (Regulation and Development) Act of 2016 (RERA), which regulates India’s real estate and property market. Kenya’s real estate market is estimated by Statista to be worth USD 7.91 Billion is dwarfed in comparison to global giants like India’s USD 265.18 Billion market. While the two countries’ real estate sectors differ significantly in size, they seem to share common concerns: the need for a specialised legal framework to protect real estate consumers.
As one of the highly ranked law firms in Kenya, IKM was invited by Chambers Global to be the exclusive contributor to the Kenya Chapter on Banking & Finance by Global Practice Guide, 2018, a task that IKM was honoured to accept.
We refer to the update on land laws issued in our alert of 09/12/2017 and our alert of 4/12/2017 on online processing of land transactions.
We wish to inform you that the following regulations / rules / order have been gazetted: