Adnan Hanif Khan

Adnan Hanif Khan

Partner | ALN Kenya | Anjarwalla & Khanna

Physical Address:

ALN House, Eldama Ravine Close, Off Eldama Ravine Road, Westlands, Nairobi, Kenya

Postal Address:

P O Box 200-00606, Sarit Centre, Nairobi, Kenya

Telephone:

+254 20 364 0000

Email Address:

  1. Background

    Adnan is a Partner in the finance and Real Estate and Construction department of Anjarwalla & Khanna and focuses mainly on property law, conveyancing, property development work, property, joint ventures, construction, banking and corporate commercial law.

    He has advised on a number of property acquisitions, property joint ventures, structuring of property developments including residential and mixed use projects, construction contracts, asset and share acquisitions and non-contentious probate matters.

  2. Professional Membership
    • Law Society of Kenya 
  3. Professional Qualifications

    2010: Postgraduate Diploma in Law, Kenya School of Law

    2009: Bachelor of Laws. LL.B, University of Nairobi (Second Class Honours (Upper Division))

    JUL 2009: Affiliate of the Association of Chartered Certified Accountants (ACCA)

    AUG 2008: Bachelor of Science (First Class Honours) in Applied Accounting, Oxford Brookes University

  4. Career Summary

    Jan 2020 – Date: Partner, Anjarwalla & Khanna, Nairobi

    Jul 2016 – Dec 2019: Senior Associate, Anjarwalla & Khanna, Nairobi

    Jan 2015 – Jun 2016: Principal Associate, Anjarwalla & Khanna, Nairobi

    Sept 2012 – Jan 2015: Associate, Anjarwalla & Khanna, Nairobi

    Dec 2010 – Jul 2012: Hamilton Harrison & Mathews Advocates

    Sept 2009 – Sept 2010: Tariq Khan & Associates Advocates

    Feb 2005 – Apr 2005: Avinash Shah & Co. Nairobi, Kenya (Auditors)

  5. Awards and Accolades
    • Adnan has been recognised for his reputation work in real estate projects by Chambers Global, 2022
    • Adnan has been recognised as a ‘Next Generation Partner’ by Legal 500, 2021.
    • Adnan was recognised as a ‘Rising Star’ by Legal 500, 2020.
    • Awarded best student in Conveyancing at the University of Nairobi.
    • Awarded best speaker in Senior School debates.

    “He is very responsive, professional and will promptly provide feedback.”, Chambers Global, 2022

  6. Top Matters
    • Acting for Westlands Triangle Properties in connection with redevelopment and refurbishment of its large office and retail development known as Westlands Square, including advising on the change of suer process, undertaking a legal analysis of the development, and negotiating and drafting template heads of terms, agreements for lease, leases, surrenders, license agreements, variation letters, bank guarantees and personal guarantees.
    • Acting for a consortium led by Kiewa Group in connection with a joint venture with the County Government of Kitui for the redevelopment of the residential houses in Kitui on a PPP basis, including undertaking a regulatory review for the project, conducting due diligence on the titles for the various parcels of land to be used, setting up a special purpose vehicle (SPV) for the consortium, drafting a shareholders agreement in relation to the SPV and reviewing the joint venture agreement between the SPV and the Nairobi City County, and negotiating and concluding the joint venture agreement and the long term leases for the various project parcels of land.
    • Acting for Mi Vida Thika Road, a newly established residential home developer, in connection with the development of a proposed new USD 120 Million Residential project, comprising of approximately 624 middle class apartments, including preparing and negotiating all land acquisition contracts, the sale agreement and head leases between the land owner and the developer; providing legal, land and structuring advice; advising on an appropriate management structure including providing tax advice; drafting and structuring all the template documents including the booking forms, disclaimers, letter of offer, agreement for sale or lease and the long term residential leases; reviewing the consultancy contracts with third party contractors and agents; advising on the various legal structures that may be adopted in connection with the ownership of the infrastructure; and providing infrastructure services.
    • Acting for The Silverstone Apartments in connection with the construction of medium cost apartments comprising of 100 plus apartments, amenities and facilities including advising on the form of construction contract and drafting and negotiating the construction contract based on the Joint Building Council form of contract.
    • Acting for an international client in connection with the excavation works on a site for the construction of a high value confectionery factory including advising on the shortcomings of the Joint Building Council form of contract from the perspective of an employer and drafting and negotiating the amendments to the Joint Building Council form of contract.
    • Acting for a client in a joint venture for a residential development comprising of medium cost apartments consisting of 100 plus apartments, amenities and facilities including carrying out due diligence on the land and the target entity and drafting and negotiating the share sale agreement, the shareholders agreement, the escrow agreement, the share charge and all other supporting documents.
    • Acting for Hemingways Watamu on its re-development and refurbishment of a high-end luxury hotel in Watamu, Kenya including advising on the overall project structure, management structure, legal and regulatory issues and compliance, legal risks and tax efficiencies as well as drafting the standard form of letter of offer, agreements for lease and lease for the sale of the apartments.
    • Acting for Paramount Chief Estate in the residential development known as Edenville comprising of 345 villas in the first phase of the development including advising on the 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 The Oval in the development known as The Oval comprising of a Grade A building consisting of over 120,000 square feet consisting of office and retail spaces including advising on the drafting of the agreements for sale and long term leases in respect of the sale of the units in the building and drafting and negotiating the short term commercial leases in respect of all the retail and office spaces in the building retained by the client.
    • Acting for Maiyan Holdings in the mixed use development known as The Maiyan in Nanyuki consisting of 47 development plots, approximately 160 residential villas, a hotel, recreational centre and garden village including advising on the overall project structure, management structure, legal and regulatory issues and compliance, legal risks and tax efficiencies as well as drafting the standard form of letter of offer, agreements for lease and lease in respect of the development plots, residential villas and the hotel.
    • Acting for Hemingways Watamu on its re-development and refurbishment of a high-end luxury hotel in Watamu, Kenya including advising on the overall project structure, management structure, legal and regulatory issues and compliance, legal risks and tax efficiencies as well as drafting the standard form of letter of offer, agreements for lease and lease for the sale of the apartments.
    • Acting for Square Valley on its development of 45 high end luxury apartments on Lower Kabete Road in Nairobi, including advising on the overall project structure, management structure, legal and regulatory issues and compliance, legal risks and tax efficiencies, drafting and negotiating the share sale and purchase agreement and the shareholders agreement, as well as drafting the standard form of letter of offer, agreements for lease and lease for the apartments.
    • Acting for Centum, a leading East African investment and real estate development company listed on the Nairobi Securities Exchange and the Uganda Securities Exchange in connection with the Two Rivers Mall situate on Two Rivers, its five-year, 100-acre, 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 Two Rivers Mall.
    • Representing Actis in connection with the development known as Garden City in Kenya a USD 250 million integrated mixed-use property that will include the Garden City Mall, offices, hotel, 600 residential units, businesses and a recreational area particularly drafting and negotiating the agreements for lease and short term commercial leases in respect of the retail spaces in the Garden City Mall and drafting and negotiating all supply contracts for services to the Garden City Mall.
    • Acting for Dreyan Investments in the residential development known as Golden Mile Park situate in Nairobi comprising of 160 apartments including drafting of the letter of offer, agreement for sale and lease and negotiating the agreement for sale and lease with various buyers and their respective advocates.
    • Training officials of the Government of Rwanda on various legal aspects relating to construction including construction contracts, construction supervision contracts and consultants’ agreements and assisting and advising the Government of Rwanda on their standard draft templates on construction supervision contracts and consultant’s agreements.
    • Acting for the developer in connection with a proposed new development consisting of a hotel and office block including advising on the form of construction contract and drafting the construction contract based on the FIDIC Red Book.
    • Acting for Paramount Chief Estate in connection with the construction of the second phase of the Edenville Development comprising of 330 villas including advising on the form of construction contract and drafting and negotiating the construction contract based on the FIDIC Silver Book.
    • Acting for a professional services client in Kenya connection with the construction of their new state of the art office block measuring approximately 82,000 square feet comprising of three basements and five storeys including advising on the form of construction contract and drafting and negotiating the construction contract based on the FIDIC Red Book, advising on the processes for obtaining approvals and change of user from the relevant competent authorities and reviewing and negotiating the various consultants’ engagement contracts for the development.
    • Acting for an international client in connection with the excavation works on a site for the construction of a high value confectionery factory including advising on the shortcomings of the Joint Building Council form of contract from the perspective of an employer and drafting and negotiating the amendments to the Joint Building Council form of contract.
    • Acting for an overseas development financial institution in the financing of a group of companies in based in Kenya, Uganda and Mauritius for a maximum sum of USD 92 million including conducting a legal due diligence on the group companies and preparing of supporting documents for the transaction.
    • Acting for an international private equity fund in carrying out of a due diligence in respect of its proposed acquisition of three hotels in Kenya belonging to an international chain of hotels including advising on the various issues identified in the due diligence touching on land.
    • Carrying out due diligence for a client in respect of a proposed joint venture involving the acquisition of 30% of the shares in a company holding land and preparing and negotiating the share subscription and loan agreement and the shareholders agreement in a transaction valued at approximately KES 1.5 billion.
    • Acting for Actis in the sale of property to Safaricom valued at KES 1.1 billion in Garden City including advising on the property ownership structure and the relevant rights of way over the Garden City development, preparing and negotiating the transactional documents and attending to the registration and perfection of the property documents.
    • Acting for clients in the purchase of property in Nairobi for a sum of USD 9.95 million including preparing the documents in relation to the joint venture agreement between the investors, creating a trust for one of the investors, preparing an agreement to create security and all the necessary comfort documents required by the investors’ financier for purposes of securing the release of the title in respect of the property from the investors’ financier to facilitate sub-division of the properties.
    • Acting for a client in a joint venture for a residential development comprising of medium cost apartments consisting of 100 plus apartments, amenities and facilities including carrying out due diligence on the land and the target entity and drafting and negotiating the share sale agreement, the shareholders agreement, the escrow agreement, the share charge and all other supporting documents.
    • Acting for a client in the purchase of property in Nairobi for a sum of USD. 5.5 million including carrying out a due diligence on both the vendor and the property as well as negotiating the agreement for sale.
    • Acting for a client in the purchase of two properties for a sum of USD. 4.1 million and the movable assets on the properties for USD 250,000, including carrying out a due diligence on both the vendor and the property as well as negotiating the agreements for sale in respect of the properties and the moveable assets and advising on the subsequent applications to the relevant authorities on the change of user, extension of lease and amalgamation of the properties.
    • Acting for a large corporate client in the acquisition of 4 godowns in Nairobi for a sum of KES 230 million including carrying out a due diligence on both the vendor and the property as well as negotiating the agreement for sale, leases and car park licences and the subsequent termination of the transaction due to issues arising from the due diligence.
    • Advising a client on the overall project structure, management structure, legal and regulatory issues and compliance, legal risks and tax efficiencies on the development of five townhouses in Kitisuru, Kenya valued at approximately KES 377.5 million.
    • Acting for a client in the sale of property in Nairobi for a sum of KES 230 million including carrying out a due diligence on the acquiring entity and negotiating the agreement for sale and preparing the completion documents.
    • Acting for a client in the sale of property for a sum of KES 220 million including carrying out a due diligence on the acquiring entity and negotiating the agreement for sale and preparing the completion documents.
    • Acting for a client in the sale of the property for a sum of KES 220 million including advising on the structuring of ownership of the property, tax implications on the transaction, and carrying out a due diligence on the acquiring entity and negotiating the agreement for sale.
    • Advising a client on the change of user, extension of lease and amalgamation in respect of two pieces of land acquired by the client and the development of a 6 storey office cum commercial building with 4 basements measuring approximately 209,000 square feet in General Mathenge, Nairobi including advising on the processes for obtaining approvals from the relevant competent authorities and reviewing and negotiating the various consultants’ engagement contracts for the development;
    • Advising various purchasers of commercial and residential properties in Nairobi and Mombasa, including negotiating the agreement for sale and lease with various developers/owners and their respective advocates. In addition giving advice on the various documents required to conduct the due diligence on the properties and to complete the transactions.
    • Acting for an advertising company in the preparing and negotiation of licences with a petroleum franchise in Kenya for the use of space at their retail outlets to place advertising medium. In addition preparing and negotiating an advertising agency contract for the marketers and the final advertising contract to be signed by the consumer of the services.
    • Acting for a client in a proposed acquisition of a school in Nairobi including carrying out a legal due diligence on the school.
    • Advising a bank exercising its right as chargee to realise its security over a large piece of land in Thika in evaluating various proposals made by a number of real estate agents for the marketing of the property for sale and negotiating the agency contract with the selected real estate agent.
    • Handling general conveyancing matters including sale, transfer, leasing and charging land and giving legal advice on matters touching on land.
    • Handling non contentious probate matters and preparing of wills.
    • Incorporation and restructuring of companies.
    • Drafting of commercial contracts and deeds.
    • Preparing security documents for banks and other financial institutions.
    • Carrying out legal research on various aspects of the law that clients require legal advice on.

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