While Kenya is blessed with some natural resources, the country has always faced challenges in ensuring that benefits derived from these resources are shared in an equitable manner. Often, the host communities have complained that they are getting the shorter end of the stick.
Bonface Abuya acts for both local and international clients in the real estate and finance sectors.
Bonface advises clients in the banking sector on various issues including the preparation and perfection of securities over various classes of assets such as movable and immovable assets and on security documentation including loan agreements, reviewing and advising on offer letters, drafting charges, mortgages, guarantees and debentures.
He also acts for clients in the real estate sector including, the negotiating and preparation of sale agreements for various types of properties and the documentation needed for the acquisition of property rights at land registries across Kenya.
Experience has included advising:
- Counsel in the setting up of a 100 MW wind energy project
- Counsel in the drawing up of project agreements for a gated-community real estate project
- Counsel in the perfection of securities for 10 banking institutions
- Counsel in the structuring and preparation of project agreements for various property sales and purchases
- Diverse clients in negotiating and drafting various land-related agreements including, leases, sale agreements and license agreements
Professional Qualifications
- Advocate admitted to the High Court of Kenya (2017)
Education
- Kenya School of Law, Diploma in Law, (2016)
- Moi University, Bachelor of Laws LL.B. (2014)
Prior Experience
- 2017 to date, Associate, IKM, DLA Piper Africa member firm in Kenya
- 2016 to 2017, Pupil, Nairobi-based law firm
- 2015 to 2016, Legal assistant, Nairobi-based law firm
Memberships
- Member of the Law Society of Kenya
Lenders who provide loans do so with the paramount aim of being paid back. Towards this end, when borrowers take credit facilities, the lenders sometimes require them to provide guarantors as security for repayment of the facilities. The issuance of a guarantee usually provides additional security and comfort to the lender that in the event of default, it can either go after the principal borrower or the guarantor.
The Landlord and Tenant Bill 2021 (Bill) was introduced by the Majority Leader in the National Assembly, Hon. Amos Kimunya earlier in 2021 and has since been passed by the National Assembly and is currently being considered by the Senate. The Bill seeks to promote stability in the rental sector by consolidating laws governing the relationship between landlords and tenants and repealing existing laws including the Distress for Rent Act (DRA), the Rent Restriction Act (RRA) and the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (LTA).