Diana Wariara

Partner

Diana is a Partner at the Firm whose areas of practice include corporate and commercial, real estate & construction and employment & labor relations law. Since joining the Firm in 2017, she has played a crucial role in structuring and management of real estate project including conducting legal due diligence, project structuring, managing sales processes and advising on post construction issues. Diana also has a keen interest in employment and labor relations matters and has advised clients through both contentious and non-contentious employment matters.

KEY MATTERS

Employment and Labor Relations

  • Advised a leading diaspora Sacco on organizational restructuring to meet its business, drafting and implementation of a human resource policy and trained staff on human resource policies and employment and labor relations issues. Providing legal advise on retrenchment procedures and various employee benefits such as gratuity and bonuses.
  • Advised clients in the hospitality industry on onboarding different types of employees to meet seasonal business demands and termination procedures. Providing additional support in streamlining of their operations to ensure compliance.
  • Advised a leading international betting company on setting up of human resource department for its local subsidiary and provided advice on a wide range of issues such as termination procedures and dues, leave, employee benefits, disciplinary procedures and settling contentious employment disputes. In addition, providing regulatory and compliance advice on betting laws in Kenya and conducted a due diligence on a company operating online betting services in Kenya that was subject to an acquisition.
  • Advised a local property developer on onboarding different classes of employees to work in their development that deals with short stays and providing additional support by drafting Human Resource policies for employees at their development and within their construction firm to streamline their operations and ensure compliance.
  • Advised a community-based organization on handling disciplinary proceedings and termination procedures for an employee that was accused of sexual harassment at their local clinic.
  • Advised a European based audit firm keen on setting up operations in East Africa, on key consideration while recruiting employees, renewing their contracts and compliance measures to put in place.

No human is limited

Eliud Kipchoge

Corporate and Commercial

Advised a multi-national corporation operating in the African energy space on corporate restructuring and obtaining business licenses in compliance with Kenyan local and national law requirements.

Advised several fintech companies on data protection laws in Kenya in respect of data collected from their users, its use and export to other jurisdictions for processing and the compliance steps necessary to implement data protection policies within their Kenyan operations.

Advised a client on setting up an agri-business firm Kenya, reviewed and prepared documentation for financing by a foreign investor and advised on securing of the company’s intellectual property.

Advised foreign investors on setting up a local distribution company in Kenya and advised on the liability of Directors and Shareholders in respect to tax implications for arm’s length dealings the local entity may undertake with an affiliate company in Mauritius.

Real Estate and Construction

  • Advised a South African property developer on legal due diligence in a proposed merger and property acquisition transaction for the development of a Hotel.
  • Advised a local property developer on acquisition of land worth K.Shs.75,000,000/= in which the purchase price was to be paid partly in kind that is in the form of apartments and cash.
  • Advising Clients on post completion issues after transfer of the Property for instance issues in respect to the property eg. flooding, payment of Capital Gains Tax, payment of rates and rent etc.
  • Advising a mining company on acquisition of land to undertake their activities and protection of their interests in the property where there were competing interests.
  • Advised various real estate developers on land acquisition, due diligence, project structuring, implementation, sales, leasing and legal support from inception to completion. Some of the projects include: 90 Degrees by TSAVO a multi-residential development situated in Embakasi, Coral Bells by TSAVO a multi-residential development for young urbanites situated in Thindigua Kiambu, TSAVO Sunset a four block multi-residential development situated in Thindigua Kiambu and Kozi Suites by KWEA a multi-residential development designed for short stays.

Some indicative work experience includes:

  • Drafting and negotiating joint venture agreements between developers and landowners and advising on amicable settlement of any disputes that may arise amongst the parties during or after completion of the project.
  • Advising Developers and investors on the intricacies of obtaining of third-party financing for off plan projects, undertaking registration of charges simultaneously with registration of the Sub-lease and securing disbursement of funds from the Financier.
  • Advising Developers on implications of new laws such as the Sectional Properties Act and Regulations on their operations and creating transitional plans for undertaking conversion for completed projects and restructuring of legal documentation for new and ongoing developments.
  • Undertaking sensitization and training on the Sectional Properties Act and Regulations for Developers, Property Managers, Sales Representatives and Project Finance Teams to enable them to make informed decisions in their diverse operations.
  • Sensitization of Developers on their obligations under new and existing laws, such as the anti-money laundering regulations and advising them on creation of internal mechanisms to ensure compliance with various regulators.
  • Advised a Developer on expedient settlement of a dispute with a project supplier for provision and operation of a wastewater management plant at a development.
  • Liaising with various project teams to ensure permits, approvals and licenses for construction of the development are obtained in good time.

Private Client

Advised private clients on writing a will, estate management and protection of family assets through registration

Advised chama’s and investment groups on formalizing their interactions through incorporation of legal entity and advised them on contentious issues such as dilution of shares, dead lock provisions and disputes resolution mechanisms.