Banks, microfinance institutions, saccos, and private lenders operating in Kenya work within a detailed regulatory and security framework. Our banking and securities practice advises lenders and borrowers on facility documentation, security perfection, regulatory compliance, and enforcement.
What our banking and securities practice covers
- Facility agreements: overdrafts, term loans, syndicated facilities, and trade finance
- Security documentation and perfection: charges, debentures, and mortgages
- Movable property security under the Movable Property Security Rights Act 2017
- Regulatory advisory: CBK prudential guidelines, Banking Act requirements, and AML frameworks
- Enforcement and receivership, and defence of borrower claims
- Restructuring and refinancing of distressed facilities
Which laws govern secured lending in Kenya?
Land security is registered under the Land Act 2012 and Land Registration Act 2012. Movable collateral, stock, equipment, receivables, is governed by the Movable Property Security Rights Act 2017, which introduced a national electronic registry and the concept of security rights over movable assets. Banking conduct is regulated by the Banking Act and Central Bank of Kenya prudential guidelines.
How should a lender document a facility?
Enforceability turns on details: representations and warranties that reflect Kenyan law, events of default that are capable of objective verification, correctly perfected security, and notices drafted to satisfy statutory requirements. We document facilities to be enforceable, and advise borrowers reviewing facilities on the same points from the other side of the table.
Advise on your next facility
Book a confidential consultation with our banking and securities team at our Westlands, Nairobi office.
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