PRACTICE AREA DETAILS
- Date 17 Mar 2026
- Location Golf View Office Suites, 6th Floor, Wambui Road Off Kiambu Road, Opposite Muthaiga Golf Club, Nairobi
- Category Conveyancing & Securities Department
ABOUT THIS PRACTICE AREA
Njuguna & Partners LLP acts for both lenders (including commercial banks, microfinance institutions, and Savings and Credit Co-operative Organizations (SACCOs)) and borrowers in connection with the creation, perfection, and enforcement of securities over real and personal property.
Types of Securities
The firm’s securities practice covers:
- Charges and mortgages over freehold and leasehold land, including preparation of charge instruments, lodging for registration at the relevant Land Registry, and obtaining charge certificates.
- Debentures and floating charges over the assets of companies, including drafting, registration at the Companies Registry under the Companies Act, 2015, and priority searches.
- Personal guarantees and indemnities, including drafting guarantees by directors, shareholders, and third parties supporting corporate borrowers.
- Chattel mortgages and assignment of moveable property as security, including motor vehicles, plant and machinery, and book debts.
- Assignment of insurance policies and life assurance policies as collateral.
- Pledge of shares and other investment securities.
Enforcement of Securities
When a borrower defaults, the firm advises lenders on their enforcement options, including:
- Statutory power of sale under the Land Act, 2012, including the correct service of statutory notices on chargers and caveators.
- Appointment of receivers under debentures and mortgages.
- Court-ordered sale of charged property through the Environment and Land Court.
- Realization of personal guarantees and pursuit of guarantors.
