Joseph Mwichigi is an associate in the Bank Securities and Finance as well as the Real property Practice areas. With over 3 years post admission experience, I have extensive experience in real property law, banking securities and finance matters in high value and complex transactions for leading financial institutions in Kenya and representing residential and commercial developers and lenders on all aspects of real estate development with particular emphasis on the acquisition or sale of properties, due diligence and negotiating the requisite contracts.
Advised a real estate on a development project in Murang’a County. The transaction involved the transfer of the land, preparing the offer letters, agreements for sale and leases, and the incorporation of the management company.
Acts for various clients, including property developers, owners of commercial buildings, and individuals and corporate persons, in the purchase and sale of various properties (commercial, residential and agricultural), the extension of leasehold terms, and the sub-division and amalgamation of properties. The transactions involve carrying out extensive due diligence on the properties, negotiation, preparation and approval of terms of sale agreements, preparing transfers, approving leases, registering transfers, leases and security documents at the Land Office, and generally advising clients on the legal issues arising therefrom.
Acted for a local bank in the preparation of security documents with respect to a financial facility of around US$1 million granted to the customer. The security documents included all Assets Debenture, Supplemental Charges over various properties and an Inter-Creditors Agreement.
Acted for Equity Bank (Kenya) Limited in a takeover transaction of around Kshs. 60,000,000/= involving HFC Limited.
Acted for Amica Savings and Credit Cooperative Society Limited in an investment at Murang’a Co-operative Creameries Society Limited by way of a convertible security. This included carrying out due diligence, reviewing transaction documents, preparation and registration of a security agreement.
- Successfully represented a client in a judicial review case for orders compelling the County Land Registrar Thika Land Registry, to reconstruct the file and green card for client’s parcel of land that had being fraudulently combined with another parcel of land in the year 1960.
- Successfully represented a client in a land matter (matrimonial property) at the Environment and Land Court in a fraudulent transaction for sale without the requisite spousal consent.
- Successfully Acted for Equity Bank (Kenya) Limited where the Bank had been sued by the Chargor’s spouse while the bank was exercising its statutory power of sale.
- Acted for Thika Green Limited (a real estate company) in civil claim instituted by one of its contractors overseeing the construction of the infrastructure which involved roads, dams, perimeter etc. The dispute involved the bill of quantity raised by the contractor’s quantity surveyor and our client’s project co-coordinator. The suit was triumphantly defended and the claim was dismissed.
Employment and labour
- Successfully negotiated a labour dispute for a leading private university in Kenya with one of its Senior Lecturer and agreed on a return to work formula. A consent order was recorded in the employment and labour relations court
- Acted for Equity Bank (Kenya) Limited in a employment dispute relating to unfair termination. The claim was successfully defended.
- Acted for a client in ensuring letters of administration issued in the orphan court at Baltimore in the United States of America resealed in the High court at Kiambu and having the same grant successfully confirmed for purposes of distribution.
- Acted for a high net worth family in succession dispute and ensuring the vast estate is preserved, no inter-meddling from third parties and overseeing the filing of letters of administration and in obtaining the letters for administrations.
- Overseeing negotiation for distribution of a vast estate involving beneficiaries of the first family and those of the second family with a surviving spouse taking into consideration the provisions of Succession Act.
- Advised and oversaw formation of private company through drafting, review of registration documents and following up issuance of the registration certificate accompanied by post registration company search.
- Acted for existing private company registered in Kenya to link its directors and shareholder details to their respective e-citizen accounts using the business registration portal.
- Advising and acting on behalf of various individuals and companies including incorporating of companies, restructuring of companies, allotment and transfer of shares, among other company secretarial services which tasks involves drafting and reviewing requisites forms necessary to the acquire and or a lot shares and overseeing the process to its logical conclusion.