Fidel Mwaki

Managing Partner

Fidel Mwaki is the Managing Partner at FMC Advocates and a Kenyan-qualified Advocate with extensive knowledge and experience in real estate and corporate law in Kenya whose practice currently centres on real estate developments, mergers and acquisitions and commercial transactions.

He represents clients developing multi-use commercial and residential real estate projects including advising on joint venture arrangements and project documents such as construction contracts, agency agreements, sale agreements and long-term leases.

His corporate expertise extends to supporting clients seeking to invest capital, assets or expertise into various sectors of the Kenyan economy, liaising with regulators on approvals and registration of business transactions such as mergers, capitalizations and reorganizations and advising on Kenya law requirements.

Fidel has expertise in the training and development of senior, mid-level and lower management teams and support staff representing clients, industry organisations and educational institutions in a wide variety of areas including labour and human resource management, technical education, corporate governance, and legal compliance.

Practice Areas

  • Real Estate and Construction
  • Corporate Commercial
  • Private Client
  • Banking and Finance
  • Employment and Services

Our clients expect results and we deliver on our promise.

Significant Training Engagements

Through FMC Advocates, training employees and managers at Wetlands International on data protection compliance with respect to employees and client information.

Through FMC Advocates, training senior managers and sales agents at TSAVO on legal, commercial, and practical aspects of development projects, property management, technology infrastructure and data protection compliance.

Through FMC Advocates, training of the executive Secretariat of Kenya USA Diaspora Sacco on internal compliance with legal obligations and human resource management.

Through FMC Advocates, training of the senior management team at Mozzartbet Kenya on employment relations including staff termination procedures.

Through FMC Advocates, training of the senior management team at ONQ Kenya on employment relations including staff termination procedures.

Through We Train Network, training undergraduate and post-graduate students and young professionals in soft skills and development of career paths in legal and other professional fields

Through Kenyatta University School of Law, training, and supervision of undergraduate students in clinical and judicial attachment courses.

Through Anjarwalla & Khanna, training of the in-house legal teams at Bank of Africa and I&M Bank on legal aspects of banking securities and security documentation.

Through Anjarwalla & Khanna, training a diverse set of clients on the incoming Land Laws including the Land Act 2012 and Land Registration Act 2012.

Significant Legal Practice

  • Advising Eris, a leading South African developer on legal due diligence and structuring of its projects in the East Africa including advice on Kenya law requirements in respect to a share purchase agreement and a development lease.
  • Advising several local property developers including leading property developer TSAVO on large scale residential housing projects in Kiambu and Nairobi counties including joint venture arrangements, land acquisitions, agreements for sale and sub-leases and providing general commercial advice on all aspects of the transaction including sales of developed units to individual buyers and off-takers, emerging regulation on sectional units and property management advisory services.
  • Advising Kenyan entrepreneurs on a cross-border distribution agreement and joint venture with an Australian investor including establishing a presence in Kenya for the new agribusiness and advising its directors and shareholders on various commercial contracts and intellectual property matters.
  • Advising DSM Kenya (a subsidiary of DSM Nutritional Products Europe AG) on restructuring its hiring process and human resource polices in line with Kenyan laws and its global policies.
  • Advising BuildX Studio, a leading international design-build contractor based in Kenya, on its commercial contracts and real estate projects including project finance arrangements.
  • Advising Kenya USA Diaspora Sacco on its By-laws and developing its human resource policies, staff employment contracts and supporting the organisation on its executive recruitment drive.
  • Advising local construction companies including Aggregate Construction Limited on the terms of their construction contracts including FIDIC contracts, demand bonds and related project finance arrangements.
  • Advising Solidarity Centre, the local branch of a leading US international labour organisation on employment matters, work permits and leasing transactions.
  • Advising content service providers in the telecommunications sector in Kenya on licensing and restructuring including liaising with the Communications Authority of Kenya on approvals.
  • Advising Wetlands International on its commercial contracts with consultants, corporate restructuring, labour law issues and data protection compliance.
  • Advising Manix Limited, a leading designer clothing retailer in Kenya with outlets in all the leading malls. on its leasing arrangements, intellectual property registrations and commercial contracts with local and international suppliers.
  • Advising diverse high net worth families on securing their family property including tax efficient management of family property, estate planning and asset protection.
  • Advising on a legal due diligence in the acquisition of a mid-tier Kenyan bank by a leading company listed on the Stock Exchange of Mauritius.
  • Advising on a legal due diligence in the acquisition of the banking business of the Kenyan branch of an Indian Bank by a local Kenyan top-tier bank.
  • Advising a leading bulk commodity trading company on licensing and registration procedures for export of tea in Kenya and available remedies in the event a license or registration is refused including a proposed acquisition of shares in a licensed tea export company in Kenya.
  • Advising an international development finance organisation in its financing of construction of a factory by a local alternative energy company.
  • Advising African Mission Healthcare on its data protection compliance including registration with the office of the data protection commissioner and related issues.
  • Advising Mozzartbet Kenya, a leading international betting company on a variety of commercial transactions, company restructuring, employment laws and contractual obligations, trademark registration and assignment, HR policies, staff recruitment, betting laws and taxes, leasing, and licensing arrangements with telecommunications service providers.
  • Advising Swiftpower Technologies on corporate structuring, financing, non-disclosure agreements and data compliance.
  • Advising an independent British-curriculum school in Kenya in relation to its guarantee of a high value bridge loan facility to a Mauritian entity.
  • Advising ONQ Kenya, based in Nakuru, on labour law compliance and restructuring of its outsourcing business in Kenya
  • Advising a South African bank in relation to a project financing arrangement to a Kenyan borrower for a property development project.
  • Advising Primerio International, an Africa-focused law firm based out of South Africa and Mauritius on Kenya law requirements and investments into Kenya and supporting their clients locally.

ACADEMIC AND PROFESSIONAL QUALIFICATIONS

  • Commissioner for Oaths & Notary Public
  • Advocate of the High Court of Kenya
  • Postgraduate Diploma in Law, Kenya School of Law (Legal Practice Course)
  • Master of Laws, International Economic Law, University of Warwick, UK
  • Bachelor of Laws, University of Warwick, UK

EXPERIENCE

Present

Managing Partner, FMC Advocates, Kenya

Present

In-Country Partner, Primerio International, Kenya

Present

Director, FMC Learning & Development

Present

Partner, We Train Network

2017 – 2020

Lecturer in Business Law, Kenyatta University School of Law, Kenya

2014

Foreign Lawyer, Real Estate and Asset Finance, Hogan Lovells International LLP, UK

2008 – 2016

Senior Associate, Corporate and Real Estate, Anjarwalla & Khanna Advocates, Kenya

ACCOLADES AND AWARDS

  • Recognised as a “Next Generation Lawyer” by Legal 500 Europe, Middle East and Africa, 2017
  • Awarded a Commonwealth Professional Fellowship Award issued by the Commonwealth Scholarship Commission, UK in January 2014

PAPERS, PUBLICATIONS AND PRESENTATIONS

  • International Public Policy, Corruption and Investor to State Arbitration, April 2020, Manchester Journal of International Economic Law

MEMBERSHIP IN PROFESSIONAL SOCIETIES

  • Law Society of Kenya
  • East African Law Society
  • Commonwealth Scholarship Commission of the UK - Alumni