RACHEL MBAI

Email: RMbai@kapstrat.com
Position: Partner, Head of Real Estate
Practice Area: Real Estate & Property Management | Forensics and Due Diligence Environmental & Conservation Law | Private Client & Family Business | Business Establishment

Rachel Mbai's Bio

Rachel Mbai heads the firm’s Real Estate department, , Private Client, Trusts and Estates.at Kaplan & Stratton. She is a Kenyan Advocate, Commissioner of Oaths and Notary Public.  After admission as an Advocate of the High Court of Kenya, she joined Kaplan & Stratton in 1991. Her work encompasses property acquisition/disposal and development, property laws, property finance, loan securities and private client work private client work, Trusts and Estates.

Rachel has over 30 years’ transactional experience in property disposal, acquisition and development, due diligence, finance and loan securities. She also advises on private trusts, and estate matters. Her wide client base includes international and local companies, private clients, property developers and conservation trusts.

Rachel is a well-known name in the real estate sector having received several accolades and commendations from international law ranking agencies, which recognise her as “a talented real estate specialist and go-to practitioner in the field” and a “top calibre attorney who is clever at finding solutions to sticking points”.  The Real Estate department under Rachel’s leadership has been widely recognised as a market leader and consequently ranked for several years now by international ranking agencies Chambers Global and Legal 500

MEMBERSHIPS

  • Law Society of Kenya
  • International Bar Association
  • International Commission of Jurists
  • Institute of Certified Public Secretaries of Kenya
  • Commonwealth Law Association

ADMISSIONS

  • Advocate – High court of Kenya
  • Commissioner for Oaths
  • Notary Public

EDUCATION

  • Kenya School of Law – Bar Qualifying Examinations
  • University of Nairobi, Kenya: LLB Honours

LANGUAGES

  • English
  • Swahili

EXPERIENCE

  • Advised Bawan Limited in its acquisition (as a going concern) of a self-catering beach resort sitting on 50 hectares of beach frontage in Kilifi (one of Kenya’s prime vacation locations).
  • Acted as the legal counsel for Nodor Kenya EPZ Limited (a company in the business of manufacturing dart boards) in the lease of a property in EPZA Athi River for a term of 50 years.
  • Advised E3 School Support Inc, a USA based charitable organization on the acquisition of four agricultural real estate in Dagoretti, Nairobi for purposes of development of a school.
  • We advised a Mauritian company in the sale of eight (8) ten (10) acre plots of land for redevelopment purposes in Mavoko, Machakos county.
  • Advised in the proposed development of a boutique hotel on partially owned and partially leased land in Karen, Nairobi.
  • Acted for a South African corporate entity with a local presence in Kenya in the disposal of its assets in Kenya valued at approximately USD 22.5M – preparation of transaction structural advice and transactional documents.
  • Advised a landowner in relation to the development, with a project value of KES 600 million, for a state of the art first of its kind hospital that will include a rehabilitation, hospice and palliative care services. Assistance included creating a bespoke JV vehicle to meet parties needs, tax structuring and advising on the various approvals required.
  • Acted for America Tower International, Inc. in their acquisition of 715 tower sites from Telkom Kenya Limited.
  • Advised Vipingo Properties in a KES 300 million sale and lease back sale of 100 acres of their land.
  • Acted for E3 School Support, Inc in setting up a branch office in Kenya and acquiring multiple properties in Nanyuki and Nairobi for the purposes of developing schools.
  • Acting for a registered charitable trust with a local presence in Kenya in the disposal of its assets in Kenya valued at approximately USD 12.6M – preparation of transaction structural advice and transactional documents.
  • Acted for Overseas Private Investment Corporation, in US$ 9,600,000 project financing for erection of housing complex and assisted in recovery of the loan proceeds (sale of security) including the resultant litigation following default by the borrower.
  • Acted for AAR Healthcare Holdings Limited in property due diligence and transaction documents for the acquisition of property on Kiambu Road for construction of a hospital.
  • Acted for Quadco Two Hundred and Fifty Four Limited in the leasing of two properties in Ridgeways for the purposes of development of two iconic hospitals, one of which is valued at Kshs. 2 billion, and acquisition of an equity stake.
  • Acted for East African Breweries Limited in the sale of 6 Acres of Land at Ruaraka, deal value at $7m
  • Acted for IBRD and IFC (World Bank) in the acquisition of its Nairobi headquarters.
  • Acted for Africa Reit Limited in the development of residential flats and apartments.
  • Acted for the Kenya Power and Lighting Company Limited Staff Retirement Benefits Scheme Registered Trustees – Development of 39 high end residential houses.
  • Acting for IFAW, a wildlife conservation client in creation of wildlife corridor; involved 1,620 landowners ceding their land rights for conservation & creation of wildlife corridor.
  • Acted for Britam- Purchase of prime real estate for redevelopment, deal value at $3.7m
  • Acted for a bank in a Share purchase of prime real estate holding company, deal value at $6.4
  • Acted for Kenya Airways Limited in the staff housing scheme.
  • Acted for a conservation group in property acquisition.
  • Acted for Hass Consult Ltd in the development of Littlewoods residential apartments.
  • Acted for Rockefeller – Property due diligence and transaction documents for acquisition of Rockefeller East Africa headquarters.
  • Acted for Kenya Airways Limited in the acquisition of properties for expansion of its training centre.
  • Acted for France Telecom SA. In the privatisation of Telkom Kenya Limited.

LAWYER RANKINGS & ACCOLADES

Chambers Global 2017: Rachel Mbai acts on large-scale development projects and advises on all aspects of property law. She is recognised as a "very accomplished conveyancer," and assisted AAR Healthcare Holdings on its acquisition of properties for a hospital project, requiring expertise in land trusts and company establishment.

 

Chambers says Band 1 ranked lawyer Rachel Mbai “is a highly respected real estate practitioner with notable experience in large, mixed-use projects.”

"Rachel Mbai is very knowledgeable and well regarded." Real Estate client