Fidel Mwaki is a Kenyan-qualified advocate with extensive knowledge and experience in real estate and corporate law in Kenya. His practice currently centres on real estate developments, mergers and acquisitions and commercial transactions. He represents clients developing multi-use commercial and residential real estate projects including advising on joint venture arrangements and project documents such as construction contracts, agency agreements, sale agreements and long-term leases.
His corporate expertise extends to supporting clients seeking to invest capital, assets or expertise into various sectors of the Kenyan economy, liaising with regulators on approvals and registration of business transactions such as mergers, capitalisations and reorganisations and advising on Kenya law requirements.
- Advising a leading South African developer on legal due diligence and structuring of its projects in the East Africa including advice on Kenya law requirements in respect to a share purchase agreement and a development lease.
- Advising a number of local property developers including leading property developer TSAVO on large scale residential housing projects in Kiambu and Nairobi including joint venture arrangements land acquisitions, agreements for sale and sub-leases and providing general commercial advice on all aspects of the transaction including sales of developed units to individual buyers and off-takers, emerging regulation on sectional units and property management advisory services.
- Advising Kenyan entrepreneurs on a cross-border distribution agreement and joint venture with an Australian investor including establishing a presence in Kenya for the new agribusiness and advising its directors and shareholders on various commercial contracts and intellectual property matters.
- Advising BuildX Studio, a leading international design-build contractor based in Kenya, on its commercial contracts and real estate projects including project finance arrangements.
- Advising a leading Diaspora Sacco located in Kenya and the US on updating its By-laws and developing its human resource policies, staff employment contracts and supporting the organisation on its executive recruitment drive.
- Advising local construction companies on the terms of their construction contracts including FIDIC contracts, demand bonds and related project finance arrangements.
- Advising Solidarity Centre, the local branch of a leading US international labour organisation on employment matters, work permits and leasing transactions.
- Advising content service providers in the telecommunications sector in Kenya on licensing and restructuring including liaising with the Communications Authority of Kenya on approvals.
- Advising a leading clothing retailer in Kenya, on its leasing arrangements, intellectual property registrations and commercial contracts with local and international suppliers.
- Advising diverse high net worth families on securing their family property including tax efficient management of family property, estate planning and asset protection.
- Advising on a legal due diligence in the acquisition of a mid-tier Kenyan bank by a leading company listed on the Stock Exchange of Mauritius.
- Advising on a legal due diligence in the acquisition of the banking business of the Kenyan branch of an Indian Bank by a local Kenyan top-tier bank.
- Advising a leading bulk commodity trading company on licensing and registration procedures for export of tea in Kenya and available remedies in the event a license or registration is refused including a proposed acquisition of shares in a licensed tea export company in Kenya.
- Advising an international development finance organisation in its financing of construction of a factory by a local alternative energy company.
- Advising a leading international betting company on a variety of commercial transactions, company restructuring, employment laws and contractual obligations, trademark registration and assignment, HR policies, staff recruitment, betting laws and taxes, leasing, and licensing arrangements with telecommunications service providers.
- Advising an independent British-curriculum school in Kenya in relation to its guarantee of a high value bridge loan facility to a Mauritian entity.
- Advising a South African bank in relation to a project ﬁnancing arrangement to a Kenyan borrower for a property development project.