Banking & Finance
Finance is the engine of growth — and every financial transaction demands precision, structure, and foresight.
Our Banking & Finance Department delivers strategic legal solutions that power lending, investment, and financial transactions. We act as trusted legal partners to financial institutions and borrowers alike, ensuring that transactions are secure, compliant, and commercially sound.
We understand the evolving financial landscape in Kenya and provide innovative, practical, and risk-conscious advice across a wide spectrum of financing structures.
Comprehensive Legal Support
We provide comprehensive legal support across the full spectrum of banking and finance transactions.
Lending & Security Structuring
- Structuring lending transactions for both corporate and retail clients
- Drafting and reviewing finance agreements
- Preparation of security documentation (charges, debentures, guarantees)
- Advising on perfection and enforcement of securities
Asset & Project Financing
- Advisory on asset finance transactions across industries
- Structuring and documentation of project finance deals
- Risk allocation and bankability assessment of projects
Mortgage & Real Estate Financing
- Structuring mortgage-backed lending
- Drafting and registration of security over land and property
- Advisory on lender protections and borrower obligations
Syndicated & Structured Finance
- Structuring and advising on syndicated loan arrangements
- Intercreditor agreements and lender coordination
- Complex financing structures involving multiple stakeholders
Islamic Finance
- Structuring Sharia-compliant financing arrangements
- Advisory on Murabaha, Ijara, and other Islamic finance models
- Ensuring compliance with applicable regulatory and religious principles
Financial Restructuring
- Restructuring distressed or non-performing facilities
- Renegotiation of lending terms
- Advisory on turnaround strategies for borrowers and lenders
Securitization & Capital Structuring
- Advisory on bank securitization transactions
- Structuring financial instruments and asset-backed arrangements
- Risk mitigation and regulatory compliance
Guarantees & Credit Support
- Drafting deeds of guarantee and indemnity
- Structuring credit enhancement mechanisms
- Advisory on enforcement and liability exposure
Our Clients
We act for a broad range of participants in the financial ecosystem. Our dual perspective — acting for both lenders and borrowers — allows us to deliver balanced, insightful, and commercially effective solutions.
- Commercial banks
- Microfinance institutions
- SACCOs and cooperative societies
- Development finance institutions
- Corporate borrowers and SMEs
- Real estate developers and investors
- High-net-worth individuals
Why Choose Us
Transaction-focused expertise, commercial drive, and end-to-end financial legal support.
Transaction-Focused Expertise
We provide end-to-end legal support, from structuring to documentation and enforcement, ensuring seamless execution of financial transactions.
Deep Industry Understanding
We understand the operational realities of banks, microfinance institutions, and SACCOs, allowing us to deliver advice that is both practical and implementable.
Commercially Driven Approach
Our legal solutions are designed to facilitate deals — not hinder them — while safeguarding our clients' interests.
Innovative Structuring Capability
We bring creativity and precision to complex financing structures, including Islamic finance, syndicated lending, and securitization.
Leadership & Experience
The department is led by a practitioner with over 10 years of experience in Banking & Finance law, bringing strong technical expertise and market insight to every transaction.
Risk Management & Compliance Focus
We ensure all transactions are legally robust, compliant with regulatory requirements, and structured to mitigate risk.
Our Value Proposition
At MAK & Partners Advocates, we do more than provide legal advice — we enable financial transactions to succeed, combining technical expertise, industry insight, and commercial awareness to help our clients achieve their financial objectives.
- Structure secure and bankable deals
- Navigate regulatory and compliance requirements
- Mitigate financial and legal risks
- Execute transactions efficiently and confidently