Nelly Gitau

 

Position: Partner

Email: nelly@oraro.co.ke

Telephone: 020 – 271 3 636/271 1 480

 

Background

Nelly has over 9 years of experience; she has vast expertise in creating and perfecting bank securities. In this area, she has acted for several financial institutions including BBKL, Stanchart, Bank of Africa Kenya Limited, NIC Bank Limited, KCB, CfC Stanbic Bank Limited, CBA, I&M Bank Limited, Middle East Bank Limited, among others. In addition, she has represented various real estate developers, corporate clients and individuals in the acquisition and disposal of property. Nelly recently acted for Cytonn Investments Limited, in the acquisition of a property worth KES 1.3 billion. She also assisted in providing advice to them on the financing aspects of a transaction by a Finnish investment firm. Moreover, Nelly has advised several local and multinational clients (in different sectors) in commercial transactions, such as business formation, joint ventures and M&A deals.

Membership in Professional Societies

  • East Africa Law Society
  • Law Society of Kenya

Professional Qualifications

  • Advocate of the High Court of Kenya
  • LLB(Hons.), University of Nairobi

Employment

  • Oraro & Co. Advocates
  • Hamilton Harrison and Matthews Advocates
  • Iseme Kamau & Maema Advocates
  • Njoroge Regeru & Company Advocates
  • Kittony Maina Karanja Advocates

Accolades

  • Rising star, IFLR 1000 2016 edition (Banking, Real Estate)

Top matters

  • Advising one of Kenya’s largest publicly listed sugar manufacturing companies on the refinancing and restructuring of its debts by both local and international lenders
  • Currently advising the preferred bidder on a 2000 km Kenyan road PPP project in negotiations with the Kenyan Government
  • Currently acting for a leading Turkish Construction company in partnership with a German Investment firm in a joint venture project with landowners for the development of a multimillion dollar mixed use project on Ngong Road, Nairobi
  • Currently acting for a leading Chinese Property Development Company in a partnership project with landowners for the development of a block of residential apartments comprising of over three hundred (300) units around the Junction area in Nairobi
  • Advising the successful bidder with respect to one of the lots for the County Government of Nairobi Urban Renewal/Regeneration program. It is a low cost housing project with PPP aspects that involves the re-development of an old housing estate belonging to the NCC
  • Advised Ascent Rift Valley Fund Ltd (a Mauritian based private equity fund) that invested in Kisumu Concrete Products Ltd (the Target) which deals with the manufacture and supply of building materials. We undertook a comprehensive legal due diligence in respect to the Target’s legal and corporate compliance status
  • Undertook a comprehensive securities audit on behalf of a regional bank. The audit was of the top clients in the Bank’s loan book. We reviewed the bank’s loan portfolio with a view to advise not only on the legal aspects but also its standard documents in order to minimise risk
  • Acted for Cytonn in the acquisition of a ten (10) acre piece of land in Ridgeways, Kiambu (a suburb approximately 10 km away from the Nairobi CBD) which included negotiation of the sale contracts and transfer of the project that may have seven hundred (700) units. We are also acting in the sale of the individual units on an off-plan basis in the development of a gated estate known as “The Ridge”
  • Currently acting for Cytonn in the sale of 10 high-end five bedroom villas in a gated estate known as Amara Ridge in Karen, a suburb approximately 20 km away from the Nairobi CBD
  • Involved in conducting an intensive due diligence and legal health exercise with respect to the properties owned by a large mining and cement manufacturing company. The purpose of the exercise was to assist the company in identifying the nonstrategic idle land which it could easily dispose, to generate income, to be used by the company in offsetting the company’s financial liabilities with third parties. The exercise was also aimed at helping the company identify any threats as to the ownership and/or occupation of the properties which would potentially dilute the value of the properties as well as advising the company of the steps to take to protect such properties. The exercise involved preparation of the relevant due diligence questionnaires, perusing the documents provided by the company, conducting relevant searches and preparing a legal due diligence report
  • Part of the team that conducted an extensive legal health audit in one of the largest telecommunications company in the region. The exercise entailed a review of the company’s documents, contracts, policies, manuals, systems & procedures, making an assessment of the Company’s compliance with the relevant legislation and submitting a report with observations and recommendations for consideration by the Board
  • Advising a client on the legal structure of its equipment leasing framework and reviewing its operating lease, installment sale and full maintenance agreement
  • Currently acting in the preparation and perfection of security documentation (debenture, charges and corporate guarantees) for a leading Kenyan bank with multinational coverage
  • Currently acting in the preparation and perfection of security documentation (debenture, charges, corporate guarantees and the relevant board resolutions) for a leading Kenyan bank in respect to a lending transaction
  • Advising a client on the creation of securities in the leasing of movable assets
  • Acted in the preparation and perfection of security documents for a leading oil corporation in Kenya to secure financing from a major commercial Bank in the region to fund their expansion programs and the construction of an LPG depot
  • Advised the DPFB (now known as the KDIC), in relation to recovery of debts owed to several collapsed financial institutions through liquidation of a prime property in Upper Hill valued at USD 9.5 million (KES 950 milion) by way of private treaty
  • Currently advising a leading Kenyan investment firm in a joint venture transaction with landowners in regard to a mixed use development of over one thousand (1000) acres
  • Currently advising a property developer in a joint venture with a landowner in regard to construction, development and management of a high-end residential project in Thika
  • Currently acting for Cytonn in the sale of high-end residential houses in Karen and Ruaka

Insights

  • The Insolvency Act, 2015: The impact on creditors and their right to realise securities
  • Finance Act, 2015: Key changes made to the Insurance Act(IA)
  • Changing business laws: Commencement of the Companies Act, 2015
  • Tidy endings: Kenya’s new Insolvency Act, 2015 commences as UK logistics firm exits the Kenyan market
  • A tale of two countries: A comparative look at Trusts in Mauritius and New Zealand
  • On the rise: How REITs are changing the real estate landscape
  • Commencement of the Insolvency Act, 2015: Legal Notice No.1 of 2016
  • NEW IN THE MARKET: SHARE BUYBACKS UNDER THE COMPANIES ACT, 2015

  • Practice Areas


    Sectors