Paul Wanjohi Kihori

Consultant | Bachelor of Laws (LLB) (Hons) – Moi University | Post Graduate Diploma in Law from Kenya School of Law.

Paul is a Consultant at CNN Law and has worked as a Senior Associate at Anjarwalla & Khanna LLP. His practice mainly focuses on real estate & construction, projects & infrastructure, restructuring and commercial law. In particular, Paul advises various high end commercial, residential and mixed used property on property acquisition, formation of the investment vehicles, legal and tax structuring, construction and related property financing, property and building management, construction contracts, sales and leasing.

He acts for private clients and institutional clients in property acquisition and disposal processes including due diligence, title processing, transaction management, completion formalities and related advice.

Paul also works with the corporate team in undertaking detailed due diligence of properties involved in corporate restructurings as well as working with the projects and infrastructure team in reviewing land project documents to ensure that the documents are bankable and have complied with the land use, planning and user restrictions. His experience also includes advising clients on land use, physical planning, zoning and user restrictions and other environmental law compliance requirements in relation to properties across Kenya. Paul is regularly involved in preparation of training materials and presentation of current legal topics affecting property owners, developers and real estate managers and practitioners.

Top Matters:

A project developer in connection with the acquisition of a project company undertaking a 40MW solar power project in Rumuruti, Laikipia County.

Dreyan Investments, the real estate developer of the reknown “Golden Mile Park” development in Nairobi, in connection with the sale of their 100% stake in the company.

Acting for Edenville Developer in the second phase of a residential development located in Kiambu including advising on the development structure, drafting of the agreement for sale and lease as well as negotiating the agreement for sale and lease with various purchasers and their respective advocates.

Acting for Centum, a leading East African investment and real estate development company listed on the Nairobi Securities Exchange, in connection with its flagship Two Rivers Mall situate on Two Rivers, a fully-integrated mixed-use development, the largest of its kind in Kenya, including advising on, drafting and negotiating the agreements for lease and short term commercial leases in respect of the retail spaces in the Mall and drafting and negotiating a commercial agreement for the installation and setting up of a ready mix concrete production plant.

Acted for Choppies Enterprises Kenya, a foreign retail supermarket chain in the acquisition of various flagship retail spaces across Kenya including advising on various landlord’s and tenant’s obligations and reviewing the letters of offer and the leases with various tenants and their respective advocates.

Acting for Actis fund in connection with the development of Garden City mall by drafting and negotiating the agreements for lease and short term commercial leases in respect of the retail spaces in the Mall and advising on enforcement rights and procedures against defaulting tenants including an retail anchor tenant that was undergoing liquidation.

Acting for Carnation Limited in connection with a 1.7B luxury residential development in Westlands known as ‘the Residences at General Mathenge’.

Acting for Equity Group Foundation, an East African foundation based in Kenya in connection with the acquisition of various commercial spaces for its flagship chain of health clinics across Nairobi. The transactions included undertaking detailed due diligence on the commercial properties to be leased, drafting and negotiating letters of offers and short-term leases with various landlords’ advocates.

Acting for a foreign client in the purchase of two high-end properties worth US$10,200,000.00 including carrying out a due diligence on both the vendor and the properties as well as negotiating the agreement for sale in respect of the properties, handling closing and post-closing matters including advising on the subsequent applications to the relevant authorities on the change of user and amalgamation of the properties.

Acting for Fleur Africa, a leading producer of fresh cut flowers in Kenya, in connection with its acquisition of over one hundred and sixty (160) acres agricultural properties in Naivasha including undertaking detailed due diligence on the properties to be acquired, preparing and negotiating sale agreements with the respective seller’s advocates and creating an appropriate structure for the acquisition of the agricultural properties so as to comply with the Kenyan laws governing acquisition of agricultural properties.

Advising Fleur Africa, in connection with the setting up of an EPZ company, creation and gazettement of an Export Processing Zone in Naivasha for the processing, value addition and supply of cut flowers to global markets, application for an EPZ developer/operator licence and EPZ enterprise licence and the subsequent application for the degazettement of the Export Processing Zone and the winding-up of the EPZ company.

Advising a foreign client in connection with the conversion of a US$ 19.2 million shareholder’s loan into equity including preparation and filing of all the necessary conversion documentation at the companies’ registry.

Advising various developers, purchasers, lessor and lessees of commercial and residential properties in connection with acquisition of land, land control requirements in respect of agricultural properties, obtaining various development approvals including obtaining the necessary approvals from the relevant authorities, physical planning (zoning) requirements, sale or lease of commercial and residential units and advising clients on real estate taxes including stamp duty and capital gains tax.

Advising on the acquisition of one of the biggest privately-owned sugar manufacturing companies in Kenya, including undertaking a detailed due diligence investigation of the company and preparation of material contracts and other related completion documents and review of relevant laws and regulations affecting the sugar industry in Kenya.

Acting for a leading international bank with its local subsidiary in connection with financing of a privately-owned sugar manufacturing company in the amount of USD 12 million. The transaction involved advising on an appropriate security structure and structuring the property ownership of the borrower to be in line with provisions of the new constitution of Kenya and preparing and perfection of the security documents for the client.

Acting for and advising various lenders on the obtaining, perfection and enforcement of securities.

Drafting and advising clients on various commercial contracts and agreements.