Primerio
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.
Professional association
- Law Society of Kenya
- East African Law Society
- Commonwealth Scholarship Commission of the UK – Alumni
- Real Estate and Construction
- Corporate Commercial
- Private Client
- Employment and Services
- Recognised as a ‘Next Generation Lawyer’ by Legal 500 Europe, Middle East and Africa
- Awarded a Commonwealth Professional Fellowship Award issued by the Commonwealth Scholarship Commission, UK
- Advising a client in respect of corporate agreements related to a large development.
- Advising a client in respect of construction agreements in respect of a development in Kenya.
- We advised a German Pharmaceutical firm and its Kenyan subsidiaries on securing office premises in Kenya, this included reviewing various lease agreements and supporting documentation, advising on potential risks and mitigating factors and negotiating favourable terms for the Client.
- Advised a German Pharmaceutical firm and its Kenyan subsidiaries on requirements for setting up in Kenya. This included advising on compliance issues with various government agencies and facilitating registration various regulators for instance Kenya Investment Authority.
- Undertook extensive due diligence on the transaction to identify potential risks, bottlenecks and concerns, which enabled the client to make informed decisions on the transaction. This included reviewing and analysing property records at the Lands Registry, Survey of Kenya, and County Offices. Further, we also reviewed the proprietor’s company records at the Companies Registry to verify information on the proprietor’s company shareholding, management and records and ensure annual compliance of the company was being undertaken. Lastly, we also reviewed various contracts, permits, approvals and licenses, and other relevant documents required for construction of the development.
- Negotiated various contractual documents such as sale of shares and purchase agreement and identified and addressed potential legal issues, such as tax implications, indemnification, warranties, and representations taking into account various local regulations.
- Advised and negotiated various security documents to secure third party financing from the UK to help fund construction of the development. This included advising on the terms of the financing such as obtaining both movable and immovable securities, negotiating with the lender’s lawyers, and ensuring compliance with local regulations.
- Reviewed and negotiated a long-term lease between the Client and a hotel property manager to provide their letting and management services once the development is complete.
- Advised the Client on compliance with a new digital titling regime in Kenya that required setting up online property accounts for the Client, liaising with various government departments (e.g., Land Administration, Survey of Kenya and Lands Registry) on interdepartmental verification, surrendering of property title and following up with the Lands Registry on issuance of a new title with new security digital security features.
- Advised a German Pharmaceutical firm and its Kenyan subsidiaries on securing office premises in Kenya, this included reviewing various lease agreements and supporting documentation, advising on potential risks and mitigating factors and negotiating favourable terms for the Client.
- Advising local and international construction companies on the terms of their construction contracts and related project finance arrangements.
- Advising local and international property developers on large scale residential and commercial projects in Kenya.
- Advising commercial parties on cross-border transactions including investments into Kenya such as mergers and acquisitions and sale of goods or supply chain transactions.
- Advising international labour organisations on employment matters, work permits and leasing transactions in Kenya.
- Advising operators within in the telecommunications sector on content service licensing, restructuring and approvals with the Communications Authority of Kenya.
- Advising local and international retailers on leasing arrangements, intellectual property registrations and commercial contracts with local and international suppliers.
- Advising international investors on crypto currency regimes across Africa including the regulatory framework on foreign exchange controls and digital currencies.
- Advising high net worth families on securing family property including tax efficient management of family property, estate planning and asset protection.
- Notary Public
- Commissioner of Oaths
- Advocate of the High Court of Kenya
- Postgraduate Diploma in Law, Kenya School of Law (Legal Practice Course)
- Master of Laws, International Economic Law, University of Warwick, UK
- Bachelor of Laws, University of Warwick, UK
- Senior Consultant, Primerio International, Kenya (2019-present)
- Founder and Legal Counsel, FMC Advocates, Kenya (2017-present)
- Foreign Lawyer, Hogan Lovells International LLP, UK (2014)
- Senior Associate, Anjarwalla & Khanna Advocates, Kenya (2008-2016)
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