Building Futures Together: The KSh 5 Billion Partnership Making Housing Affordable.
Funding the Future: The KSh 5 Billion Laptrust Anderson Housing Development.
The Client & Challenge: The project is the Laptrust Anderson Housing Project in Kisumu, a landmark of more than KSh 5 Billion mixed-use redevelopment of the former Anderson Estate. It is a complex Public-Private Partnership (PPP) involving LAPTRUST (Local Authorities Pension Trust), the County Pension Fund (CPF), and the Kisumu County Government.
The core legal challenges were:
- PPP Integrity: Structuring a long-term agreement compliant with the Public Private Partnerships Act, 2021, and achieving regulatory alignment for a pension-backed investment on public land.
- Land & Tenure Security: Perfecting the legal titles for the 1,300+ planned housing units (Phase One: 100 houses complete) and ensuring secure title transfer to subsequent buyers.
- Constitutional Risk Mitigation: Legally managing the sensitive relocation of Project Affected Persons (PAPs), requiring adherence to the constitutional guarantee of Fair Administrative Action.
Our Strategic Legal Execution:
Our integrated team provided specialized counsel across all critical stages, leveraging expertise in both transactional security and public law:
1. Transactional Structuring and Finance
- PPP Agreement Drafting: We advised on and drafted the core PPP agreement, focusing on clear risk allocation and revenue-sharing mechanisms between the private partners and the County Government.
- Conveyancing Pipeline: We designed the high-volume conveyancing process, creating the bespoke Agreement for Sale and Sub-Leases necessary for the individual 1,300 housing units. This included validating the root of the title to ensure secure tenure for the ultimate homeowners.
- Security Perfection: Our Banking & Finance team perfected the necessary Charges over the development assets, securing the pension fund’s investment and satisfying the stringent requirements of any institutional lenders involved.
2. Regulatory and Administrative Compliance
- PPP Act Alignment: We ensured the partnership complied with the procedures and principles of the Public Private Partnerships Act, 2021, safeguarding the transaction against regulatory challenge.
- Administrative Risk Management: Utilizing our Administrative Law expertise, we advised the County Government on issuing lawful and procedurally fair Notices to Vacate Premises and managing the Relocation Action Plan (RAP). This minimized the firm’s clients’ exposure to Judicial Review or Constitutional Petitions from the PAPs, ensuring the project’s legitimacy and continuity.
Key Milestones and Outcome
| Metric | Status | Significance to the Client |
| Project Value | KSh 5 Billion | High-value, complex investment requiring maximum financial legal security. |
| Total Units | Over 1,300 (Including early progress on analogous 1,200-unit Likoni site) | Demonstrates capacity for high-volume conveyancing management. |
| Physical Progress | Groundbreaking (Nov 2023) & Phase One (100 Houses Done) | The legal foundation was sound, allowing the physical milestones to be met without injunctions. |
| Sales
IMARA I-REITs |
130 Units Sold Out (Likoni Analogous Data)
We jointly and successfully executed the establishment of the 1st I-REIts by a pension scheme namely IMARA I-REITs |
Confirms the legal sale documentation (Agreements for Sale, Leases) is effective and secure.
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Conclusion: Our integrated legal strategy was instrumental in moving the Laptrust Anderson Project from concept to construction, demonstrating our specialized ability to handle the intersection of public law, major infrastructure finance, and secure title documentation—a crucial skill set for large investors in the Kenyan market.