Financial Legal Advisory
At Okoth & Co. Advocates, our Banking & Finance practice supports clients in navigating complex financial transactions with legal precision. We advise banks, microfinance institutions, corporations, and individuals on lending structures, securities documentation, loan recoveries, and regulatory compliance. Our team handles perfection of charges, debentures, guarantees, letters of credit, and asset finance arrangements.
We also act for clients in debt restructuring, insolvency matters, and enforcement proceedings. Whether it’s a syndicated loan or a secured facility, we ensure all statutory registrations are completed efficiently, risks are mitigated, and transactions are legally sound—providing clarity in Kenya’s dynamic financial sector.
Frequently Asked Questions
Yes, under Kenya's Land Act, a lender may exercise statutory power of sale after due notice. However, courts may intervene where the process is irregular or oppressive. Legal guidance ensures proper procedure and compliance.
Lenders may recover through foreclosure, auction sale, appointment of a receiver, or restructuring agreements. We assess the best route based on the security type, documentation strength, and commercial goals.
Yes, if executed voluntarily, in writing, and with full disclosure of obligations. Courts may invalidate guarantees signed under duress or without comprehension. We ensure clarity and proper documentation to withstand legal scrutiny.