Case Studies

A private developer sought to acquire a large land parcel in a prime Nairobi location for a mixed-use residential and commercial development. The transaction involved multiple landowners with overlapping interests, historical title irregularities, and the need for complex regulatory approvals from both county and national land authorities.

We assembled a cross-practice team combining our real estate, corporate, and regulatory expertise. Our approach involved conducting comprehensive due diligence on all title documents and historical ownership records, identifying and resolving title irregularities through engagement with the Land Registrar, structuring a joint venture arrangement between the developer and the principal landowner, and managing the full regulatory approval process including subdivision, change of user, and environmental compliance.

The matter presented several challenges including conflicting survey records, encumbrances that needed to be discharged, and the need to coordinate approvals across multiple government agencies simultaneously. Additionally, the financing structure required close coordination with the project finance team to ensure that security documentation aligned with the development timeline.

A private company operating in the financial services sector needed to restructure its equity base. The company had multiple classes of shares including quasi-equity instruments issued to early investors, and needed to execute a share buyback and capital reduction to simplify its capital structure ahead of a planned expansion and potential future fundraising round.

We developed a comprehensive restructuring plan that addressed the interests of all shareholder classes while maintaining full compliance with the Companies Act, CMA regulations, and KRA requirements. Our work included detailed analysis of the existing share structure and investor rights, negotiation of buyback terms with departing investors, preparation and filing of all statutory documents with the Companies Registry, and coordination with the company's auditors and tax advisors on the financial and tax implications of the restructuring.

The principal challenges were reconciling the different rights and expectations of multiple investor classes, ensuring that the capital reduction complied with creditor protection requirements, and managing the regulatory notification process across multiple agencies within a tight commercial timeline.

Our client, a corporate entity, was involved in a high-value commercial dispute with a financial institution arising from a complex contractual arrangement. The dispute involved allegations of breach of contract, claims for substantial damages, and a counterclaim that threatened our client's ongoing business operations.

We developed a comprehensive litigation strategy that combined vigorous defence of the counterclaim with assertive prosecution of our client's primary claim. Our approach involved detailed analysis of the contractual documentation and correspondence, engagement of expert witnesses on industry practice and quantum, pre-trial applications to narrow the issues and manage costs, and trial advocacy before the High Court.

The case involved complex factual and legal issues, voluminous documentary evidence, and the need to manage our client's commercial reputation throughout the proceedings. The opposing party was represented by a well-resourced legal team, requiring us to be both strategic and efficient in our use of resources.