Real Estate & Construction

Construction Lawyers in Kenya

Our construction lawyers in Kenya advise developers, contractors and employers on FIDIC and bespoke construction contracts, project delivery, payment disputes and claims before the courts and in arbitration.

Real Estate & Construction Law in Kenya

Kenya’s real estate sector is one of the fastest-growing in sub-Saharan Africa — driven by urbanisation, infrastructure investment, a rising middle class and growing institutional interest in commercial and industrial property. OLM Law advises developers, investors, financiers, contractors and public entities on the full spectrum of real-estate and construction transactions and disputes.

The regulatory landscape

Real estate in Kenya is governed by the Land Act, the Land Registration Act and the Community Land Act, administered by the Ministry of Lands and Physical Planning and county land boards. Development requires planning approval from county governments under the Physical and Land Use Planning Act, with environmental requirements administered by NEMA. Construction contracts are typically structured under the standard FIDIC, JCT or NEC forms, adapted for Kenya’s legal framework. We help clients from acquisition through construction to sale or letting.

How we help

• Acquisitions and disposals — freehold and leasehold transactions, title investigations, due diligence and conveyancing.
• Development and construction — project-documentation suites, FIDIC and bespoke construction contracts, procurement advice and contractor negotiations.
• Real-estate finance — mortgage documentation, security packages, project-finance facilities and REIT structuring.
• Leasing — commercial, retail, industrial and residential lease negotiations for landlords and tenants.
• Disputes — construction-contract claims, landlord-tenant disputes, compulsory acquisition challenges and property-related arbitration.

Relevant expertise

We draw on our Banking & Finance, Corporate & Commercial, Environmental and Dispute Resolution teams for real-estate clients — linking to each of those practice-area pages.

To acquire, develop or finance real estate in Kenya, contact OLM Law.

Frequently Asked Questions

Do I need a construction lawyer in Kenya? Yes, if you are negotiating, signing or disputing a construction contract in Kenya. Construction lawyers review and draft FIDIC, JCT and NEC-based contracts, advise on procurement and payment terms, and represent clients in disputes and arbitration — protecting you from costly drafting gaps and payment disputes later in the project.

What does a construction lawyer do in Kenya? A construction lawyer in Kenya drafts and negotiates construction and development contracts, advises on regulatory approvals under the Physical and Land Use Planning Act and NEMA requirements, manages procurement and contractor negotiations, and handles payment disputes, delay claims and defect claims through litigation or arbitration.

How are construction disputes resolved in Kenya? Most construction contracts in Kenya (FIDIC, JCT and NEC forms) include arbitration clauses, so disputes are typically resolved through arbitration rather than court litigation. OLM Law also represents clients in court where required, and in adjudication and mediation for faster resolution of payment and delay disputes.

How much does a construction lawyer cost in Kenya? Fees depend on the size and complexity of the project — from fixed fees for contract review to hourly or milestone-based billing for ongoing development or dispute work. Contact OLM Law for a transparent, project-specific quote.