Kajal Dinesh Patel

Kajal Dinesh Patel

Principal Associate | ALN Kenya | Anjarwalla & Khanna

Physical Address:

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

Postal Address:

P.O. Box 200 00606, Nairobi, Kenya

Telephone:

+254 (0) 41 223 0262/3

Email Address:

  1. Background

    Kajal is an Principal Associate with Anjarwalla & Khanna Advocates, in the Real Estate department. Her practice focuses mainly on real estate, banking & finance, corporate law, probate and administration and private client work.

    Kajal qualified with an LLB (Hons) from King’s College London, University of London.

  2. Professional Qualifications

    2015: Postgraduate Diploma in Law, Kenya School of Law

    2014: Pre-Kenya School of Law Compliance Programme, Riara Law School, Riara University, Nairobi

    2013: Bachelor of Laws Degree (L.L.B) (Hons)- Kings College London, University of London

  3. Career Summary

    Jan 2020 – Date: Principal Associate, Anjarwalla & Khanna, Mombasa

    Aug 2017 – Dec 2019: Associate, Anjarwalla & Khanna, Mombasa

    Jan 2016 – Jul 2017: Trainee Lawyer, Anjarwalla & Khanna, Mombasa

    Nov 2014: Intern, Anjarwalla & Khanna, Mombasa

    Aug 2013: Intern, LinkLaw Solicitors, London

  4. Top Matters
    • Acting for a US based Private Equity fund, in connection with the sale of its stake in a leading coffee chain, (which includes its frozen yoghurt and pizza business), including preparing a report in respect of the real estate portfolio of the chain and in particular, conducting a thorough review of over 70 short term leases and licences in respect of all the locations where the coffee chain has an outlet and offices, liaising with the legal team to ensure that all the leases are up to date and preparing a detailed report setting out the details of each lease and key terms relating to the same, and liaising with our Rwandan and Ugandan counterparts on the review of the leases in their respective jurisdictions. The deal may potentially be the largest of its kind in the restaurant business as the chain has over 50 outlets across Kenya, Uganda and Rwanda. As the chain is in the restaurant industry, the strategic premises where its outlets are located is key to its business. The review was important as the marketability of the business hinges on the strength of its real estate portfolio.
    • 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.
    • Acting for the State Bank of Mauritius, a Mauritian banking group listed on the stock exchange of Mauritius, in connection with its take-over and rescue of Fidelity Commercial Bank (FCB), a Kenyan bank in financial distress. Our role included undertaking a due diligence on FCB and its operations, drafting and negotiating a share purchase agreement in respect of an offer to purchase shares from the 43 shareholders of FCB, drafting and negotiating side deeds of indemnity from the major shareholders, initiating and running an offer to shareholders scattered across the globe, procuring signatures from the majority of the shareholders and issuing and running a statutory squeeze-out process.  In addition, we obtained all requisite regulatory approvals from the Central Bank of Kenya, the Competition Authority of Kenya and the COMESA Competition Commission on an expedited basis, obtained the requisite approvals and fit and proper certification for shareholders, directors and senior managers of the State Bank of Mauritius and successfully ran a complex multi-jurisdictional completion as a result of the diverse jurisdictions of the purchaser and sellers. This is the first time that a ‘Squeeze-Out’ under the new Companies Act in Kenya has ever been used in order to acquire shares under minority shareholders who did not accept offer from SBM. Further, the proposed acquisition will mark the entry of SBM Group into Kenya’s banking sector.
    • Acting for Auric Capital, a private real estate investment company, in connection with their development known as “The Sirwa”, its first luxury residential homes development in Naivasha, a city located at 90kms from Nairobi. A&K is involved in advising on title, legal structuring, preparing the legal documentation for the entire development, including the letter of offer, agreement for lease, lease and management company structure. A&K is also preparing the security documents for the financing arrangements for the development, advising the developer on the management and operational structure of the development and common areas, advising on tax issues and liaising with the advocates of each purchaser.
    • Acting for the shareholders of Cancer Care Kenya, in connection with the sale of 93.66% of their share capital to Healthcare Global (Kenya), the Kenyan subsidiary of Healthcare Global Enterprises, including advising on various transaction documents such as share purchase agreement, share subscription agreement, and disclosure letter and assisting in procuring regulatory approvals from the Competition Authority of Kenya
    • Acting for Vishwa Developers, a professionally managed real estate development company specializing in development of residential and commercial layouts, in connection with its multi-purpose development located in South C, Nairobi known as the “DG Oasis” comprising of a total of 368 Apartments of 1800 sqft each, a shopping centre and a school day care centre, including structuring the transaction and the management company; considering tax consequences and efficiencies on the structures; dealing with the main construction contract and disputes arising from it; advising on the legal and management structure in respect of the development; drafting and preparing all the relevant documents in respect of sale of the apartments such as the letter of offer, agreement for lease and lease.
    • Acting for Al-faraz Holdings, a Jersey based real estate development company, on its high-end luxury sea-facing residential development comprising of 44 apartments of 2, 3 and 4 bedrooms with private beach access located in Nyali, Mombasa, including setting up a foreign branch of the Jersey based developer company and thereafter acting on the acquisition and sub-division of the property, seeking the National Environmental Management Authority approvals, advising on the legal and management structure in respect of the development as well as to achieve tax efficiencies, drafting and preparing all the relevant documents in respect of sale of the apartments such as the letter of offer, Agreement for Lease, Agreement for Sale and Sub-Lease.
    • Advising Flamingo Horticulture Kenya Limited in the sale of its employee health clinic, including the structuring of the transaction, drafting and negotiating the transaction documents which involved, inter alia, the asset purchase agreement, the service level agreement with the health care provider and an option for the purchase of the land on which the clinic was constructed, advising on competition law aspects of the transaction and liaising with the competition authority of Kenya.
    • Acting on various property acquisitions including in-depth due diligence in respect of the properties in question, drafting and negotiating the transactional documents and bringing the transactions to a close.
    • Advising several commercial banks on lending to both corporate and individual clients, preparing the security documents and overseeing the perfection of the securities in favour of the bank.
    • Acting for several landlords of shopping malls and commercial buildings, preparing leases and advising on landlord and tenant laws.
    • Advising on succession laws in disputes over high net worth estates.
    • Acted for clients in drafting complex wills covering cross-border assets of high net worth estates.
    • Advising and acting on behalf of various individuals and companies including incorporating of companies, restructuring of companies, preparing and filing annual returns, allotment and transfer of shares, among other company secretarial services.

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