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Tesrah Wamache

Tesrah Wamache

Associate, IKM Advocates

Tesrah Wamache advises on property law, banking and finance transactions. She is part of the team that advises on lending transactions including drafting of lending and security documentation, prepares commercial & residential leases and acts for both buyers and sellers in the sale and purchase of land. She also carries out due diligence on bank securities for various commercial banks and prepares legal opinions and general advise on various real estate and banking and finance matters.

Her clients include real estate developers, financial institutions, body corporates and individuals.

Experience has included advising:

  • As a team member, a tier 1 bank in undertaking a security audit on behalf of the bank that intended to purchase the islamic portfolio of another bank and advised on the properness of the securities and mitigation of risks that related to the securities.
  • As a team member, a local bank in a premerger due diligence involving review of securities and real estate leases and licenses
  • As a team member, an international lender on the suitable structure for its security documentation and in preparation and perfection of the principal security documents.
  • As a team member, a real estate developer in a joint venture for the development of residential apartments and in the sale of the apartments.
  • Both sellers and purchasers in sell and purchase of land transactions from inception of transactions, undertaking due diligence, drafting or reviewing and negotiations of transaction documents, completion, registration and post registration exercises.
  • Individuals and body corporates in drafting or reviewing commercial and residential leases and undertaking registration where required.

Professional Qualifications

  • Advocate admitted to the High Court of Kenya (2018)

Education

  • Kenya School of Law, Diploma in Law (2017)
  • Kenyatta University, Bachelor of Laws LL.B.(2015)

Prior Experience 

  • July 2021 to date, Associate, IKM Advocates, DLA Piper Africa in Kenya
  • 2018 to June 2021, Associate, Oraro & Company Advocates
  • 2017 to 2018, Pupil, Oraro & Company Advocates

Memberships 

  • Member of the Law Society of Kenya

Exit options in commercial leases

Inflation rates in Kenya have steadily increased impacting the cost of living. One of the sectors affected is the real estate sector where inflation has resulted in increased construction costs, property values, rent and other operational and maintenance costs such as service charge

Why digitising land records is vital

Kenya is often referred to as the “Silicon Savannah” given the role of ICT in economic growth. Technology continues to impact most sectors and their operations. While keeping up with this trend, the Government of Kenya (“Government”) through the Ministry of Lands and Physical Planning (“Ministry”) in consultation with key stakeholders in the real estate sector embarked on digitization of land records, a process aimed at migrating information relating to land from manual registers to a digital database.

Land use and control and its impact on foreign investment

Secure property rights, efficient land ownership and use are the cornerstone of any modern economy. Kenya has kept up with global trends in recognizing the fundamental role that land plays in sustainable economic growth and has made efforts to ensure that property rights are secured and that the law is clear to foreign investors looking to invest in real estate in Kenya