Real Estate & Construction
Our Real Estate & Construction Department delivers end-to-end legal solutions across the entire property lifecycle — from concept to completion, and ultimately to exit.
We go beyond traditional legal advisory. We position ourselves as strategic partners to developers, investors, financiers, and property owners — ensuring that every project is legally sound, commercially viable, and execution-ready.
With deep expertise in the Kenyan property landscape, we provide integrated legal, regulatory, and transactional support tailored to the evolving dynamics of the real estate and construction sectors.
Our Approach
We support clients at every stage of the real estate value chain.
Project Advisory & Concept Structuring
- Early-stage legal advisory on feasibility and risk
- Structuring development models (SPVs, trusts, partnerships)
- Land acquisition strategy and project entry frameworks
Real Estate Project Structuring
- Structuring construction and development projects
- Drafting and negotiating EPC, contractor, and consultancy agreements
- Advising on financing structures (debt, equity, hybrid models)
Due Diligence & Risk Assessment
- Comprehensive legal due diligence on land and assets
- Title verification and encumbrance analysis
- Risk mapping for investors and lenders
Change of User & Regulatory Advisory
- Advisory on zoning, land use, and planning laws in Kenya
- Managing change of user applications
- Navigating county and national regulatory frameworks
Approvals & Compliance
- Securing development approvals and permits
- Liaising with regulatory bodies and authorities
- Environmental and planning compliance (including NEMA processes)
Construction Phase Advisory
- Drafting and reviewing construction contracts
- Managing contractor disputes and risk mitigation
- Ensuring compliance during project execution
Property Transfers & Conveyancing
- Structuring and executing property transfers
- Sale and purchase agreements
- Lease structuring (commercial, residential, mixed-use developments)
Joint Ventures & Development Partnerships
- Structuring real estate joint ventures
- Drafting JV agreements and shareholder arrangements
- Advising on developer–landowner partnerships
Real Estate Tax Advisory
- Structuring transactions for tax efficiency
- Advisory on stamp duty, capital gains tax, VAT, and income tax
- Tax risk mitigation in property transactions
Our Clients
We act for a diverse range of stakeholders in the real estate ecosystem, bringing the same commitment to excellence regardless of the scale or complexity of the project.
- Property developers (residential, commercial, mixed-use)
- Institutional and private investors
- Banks and financial institutions
- Real estate funds and REITs
- Landowners and family offices
- Construction companies and contractors
- Government and quasi-government entities
Why Choose Us
End-to-end capability, deep local expertise, and commercially driven advice.
End-to-End Capability
We provide seamless legal support across the entire real estate lifecycle, eliminating fragmentation and ensuring consistency.
Commercially Driven Advice
Our approach is not just legal — it is practical, strategic, and commercially focused, enabling clients to make informed investment decisions.
Deep Local Expertise
We have an in-depth understanding of Kenya's land laws, regulatory environment, and approval processes, allowing us to navigate complexity with precision.
Proven Track Record
We have successfully advised on high-value and complex real estate and construction projects, delivering results in dynamic and often challenging environments.
Leadership & Experience
Led by Ken Ashimosi — over 15 years of experience, recognized among the Top 100 Real Estate and Finance Lawyers in Kenya — bringing credibility, insight, and leadership to every mandate.
Client-Centric Service
We prioritize responsiveness, clarity, and partnership, ensuring our clients feel supported at every stage of their projects.
Our Value Proposition
At MAK & Partners Advocates, we combine technical legal expertise, industry insight, and strategic thinking to help our clients achieve their property goals.
- Unlock value in property investments
- Mitigate legal and regulatory risks
- Structure bankable and scalable projects
- Execute transactions with confidence