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Commercial and Real Estate Law

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The Commercial and Real Estate Department at KMK Africa Advocates LLP advises a broad range of clients such as companies, property developers, lenders, vendors and purchasers. We advise on establishment of business vehicles (i.e Companies, Foreign Companies, partnerships, Limited Liability Partnerships, General Partnerships), regulatory and licensing requirements, corporate restructuring, negotiating and drafting standard documentation and commercial agreements, drafting contracts and financing documents including debentures, charges, mortgages and their consequent registration and resolving disputes arising from commercial engagements.

For foreign investors seeking to set up in the East African region, we are well equipped to offer the requisite support to comply with all the regulatory requirements from setting up a foreign branch or a local company to obtaining industry specific or import permits. Our firm has home advantage in Kenya but is privileged to have reliable liaison offices and partner firms across Uganda, Tanzania, Rwanda, Mauritius and Mozambique. Our sister company, Valicon Corporate Services, is also equipped to offer tax and governance advisory, Company Secretarial Services including liaison with various company registries across East Africa. Where local directors are required, we have a package where we provide director services for investors at a fee.

In the Real Estate Department, we provide counsel on various facets of the real estate journey such as project finance, leasing, joint venture formation, construction, regulatory approvals and compliance, corporate structuring, and enforcement action. In particular, we advise our clients in the entire real estate acquisition value chain commencing from land acquisition and site assembly to occupation or disposal. We procure all relevant consents, ensure environmental compliance, obtain regulatory approvals, assist in documentation necessary for obtaining financing, perfection of securities and conveyance. We deal with, and resolve issues that usually arise such as on tax, zoning and land use, environmental issues, and land ownership disputes.

We have been engaged in negotiating and drafting lease and sale agreements, management of estates, setting up and structuring entities, perfecting securities and resolving resultant disputes.