Kenya’s urban landscape is rapidly transforming due to the population growth and subsequent increased demand for housing. Although high-rise developments alleviate the housing demand to some extent, they pose serious risks to the residents in the area. These risks include, environmental degradation, damaged infrastructure such as roads, sewers, water supply, stormwater drains and power supply, loss of privacy, loss of green spaces, noise, and air pollution. For those at risk, the law provides avenues to challenge developments in their neighbourhoods.
Real estate has emerged as an attractive long-term investment for investors seeking diversification and stable yields in an uncertain economy. As a sector, real estate must compete with other investment classes and offer a desirable product to end-users whether they are buying or leasing.
IKM acts for property developers, owners of commercial buildings, individuals, lenders, investors and all other groups active in the property industry.
The firm advises clients on all legal issues related to this sector, including: the purchase and sale of property, leasing and subleasing, land use, joint ventures, construction, tax advice, environmental regulations, planning and development, financing, real estate investment trusts and dispute resolution. The firm also has expertise in the preparation of wills, probate and estate planning.
Experience has included advising:
- A leading real estate company in the sale of high-end loft apartments located at the Two Rivers International Finance & Innovation Centre (previously known as Two Rivers Development (one of the largest mixed-use developments in Nairobi, Kenya and private services-focused Special Economic Zone in Kenya).
- A client in regularizing the occupation and use of 300 residential units at a Karen development by ensuring compliance with current land laws and regulations and addressing requirements under the Sectional Properties Act 2020 and related land conversion processes.
- A developer in the acquisition of land, construction and sale of apartments in Lavington, Nairobi, Kenya. The transaction involved carrying out due diligence on the land and titles, review and completion of the sale agreement with respect to acquisition of the land, completion of a “change of user” process, preparation of offer letters, agreements for sale and leases, the incorporation of the management company and subsequent registration of the leases to the various unit purchasers.
- A leading investor in connection with an expansion plan of its integrated mixed-use development comprising a hotel with two hundred and fifty rooms, a mall and offices, including preparing all agreements relating to project construction retail shop leases and advising on the overall corporate and management structure to ensure the intended mixed-use development is achieved.
- A major Chinese port construction and design company in connection with its proposed development of a special economic zone in Dongo Kundu, Mombasa, under a public-private partnership The development included residential units, bonded warehouses, industrial units, commercial and recreational facilities. The development was to be undertaken in phases which included the construction of three berths at Dongo Kundu, Mombasa County intended to serve East Africa with oil pipelines to South Sudan and railways to Ethiopia and Uganda from the Indian Ocean coast.
- A Chinese corporation client on the acquisition of various properties in Nairobi for purposes of construction of luxury office and apartment complexes. The transactions involved carrying out due diligence on the properties at the relevant land registries and survey offices, confirming with the local authorities the permitted use of the properties, preparation and negotiation of the terms of the sale agreements, preparation and registration of transfer documents, finalization of titles in the name of the client and post registration due diligence.
- A leading global manufacturer of consumer products in relation to the development of a manufacturing plant in Kenya. The transaction involves the purchase of approximately 70 acres of land. IKM is assisting the client in identifying the most suitable parcel of land to be acquired for the manufacturing plant. This involves reviewing and negotiating the terms of sale of the property, advising the client on the necessary permits required in respect of the manufacturing plant, advising on change of user of the property in light of the intended mixed-use development. The brief also involves registering transfers at the Land Office.
- A beverage company in the acquisition of property in Nairobi to construct its head office. The transaction involved carrying out a due diligence on the property, confirming with the local authorities the permitted user of the property, preparing, and negotiating the terms of the sale agreements, preparing and registering the transfer documents, and obtaining titles in the name of the client. Once the sale transaction was completed, we coordinated the application for change of user of the property from residential to commercial and acted generally for the client during the construction of the offices.
- A leading construction company on the acquisition of two properties to be used for construction of warehouses. The transaction involved carrying out due diligence in respect of the properties, negotiating the agreement for sale and advising on the subsequent applications to the relevant authorities on the change of user from agricultural to light industrial to facilitate construction of warehouses and offices. IKM was also required to advise the client on the impact of the invasion of the properties by squatters claiming an interest in the properties which issue arose upon conducting due diligence. We have been involved in rendering opinions regarding the risks associated with purchase of properties and how to address these so that the sale can be concluded.
- Ranked in Real Estate (Chambers & Partners 2019 - 2025)
- Ranked in Real Estate (The Legal 500 2018-2019 - 2025)
We are delighted to be a contributing firm, for the fifth year in a row, to the Real Estate Law & Practice Guide 2025 (Kenya) with Chambers Global Practice Guides. The publication features over 50 jurisdictions worldwide. Our commentary on the real estate, finance and related sectors in Kenya provides expert insights on the impact of disruptive technologies, recent proposals for legal reform, industry trends and recent deals, real estate investments (REITs) and other investment vehicles, construction and tax among others.
The Sectional Properties Act, 2020 (SPA) marked a significant shift from its predecessor, the Sectional Properties Act, 1987 in regulating management of sectional properties. One distinction between the two statutes lies in the governance structure, with the SPA mandating the formation of a corporation.
It is now one year since the implementation of the Finance Act, 2022. Capital Gains Tax (CGT) has since 1 January 2023 been charged at a rate of 15% up from 5%. This may be a timely juncture to assess the overall effect of the increased CGT.
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.