Property & Transactions
Construction & Projects Law in Kenya
Coordinated legal support for developments — from site and structure to contractors, financing and handover.
Most construction disputes trace back to the contract signed before work began. Have your building contract, payment terms and variation procedures reviewed before mobilisation.
Do any of these situations sound familiar?
You are planning a development and need the land, joint venture, approvals and financing structured correctly before construction starts.
A contractor or employer is disputing payments, variations or delays and the project is at risk of stalling.
You are selling or buying off-plan and need agreements and escrow arrangements that protect deposits and set clear completion obligations.
You're not alone. Our advocates deal with these exact situations every week. Speak to us today →
Our Construction & Projects Law Practice
Construction and development projects bring together landowners, developers, financiers, consultants and contractors — each with different risks and obligations. Our Construction & Projects Law practice brings these strands into one coordinated legal workstream, so that land, planning approvals, contracts and financing are aligned from the outset rather than reconciled after problems emerge.
We advise on development structures and joint ventures, prepare and negotiate contractor, subcontractor and consultant appointments, and review the standard-form building contracts used in the Kenyan market. We also support the regulatory steps that sit alongside a project — development permission under the Physical and Land Use Planning Act 2019, environmental approvals under the Environmental Management and Co-ordination Act, and confirming contractor registration with the National Construction Authority.
For project financing, we act on facility and security documentation, off-plan sale agreements and escrow arrangements that protect purchasers' deposits. Throughout the project our focus is dispute avoidance: clear payment mechanisms, variation procedures, defects liability provisions and tiered dispute resolution clauses that resolve issues through negotiation, adjudication, mediation or arbitration before they escalate.
How We Work With You
Initial Consultation
We listen, understand your matter, assess urgency and give you a clear view of your legal options.
Strategy & Planning
We build a defined legal strategy with milestones, timelines and a transparent cost estimate.
Expert Execution
Our senior advocates handle all filings, negotiations, documentation and court appearances.
Resolution & Follow-Up
We secure the outcome, ensure it's properly documented and follow up on implementation.
How We Can Help
Development & Joint Venture Structuring
Landowner–developer joint ventures, special purpose vehicles and development agreements.
Contractor & Consultant Agreements
Preparation, review and negotiation of building contracts, subcontracts and professional appointments.
Project Finance & Security
Construction facility documentation, charges, guarantees and lender requirements.
Off-Plan Sales & Escrow
Off-plan sale agreements and escrow structures that protect purchasers and developers.
Planning & Regulatory Approvals
Development permission, environmental approvals and contractor registration checks.
Dispute Avoidance & Resolution
Variation and payment disputes, adjudication, mediation and arbitration.
Why Clients Choose WTT Lichuma Advocates LLP
EBS Presidential Honour — Senior Partner
Led by Mrs. Winfred Osimbo Lichuma, EBS — over three decades of experience and former Chairperson of the National Gender and Equality Commission.
International & Regional Reach
We undertake domestic, regional and international assignments — bringing world-class legal standards to every matter.
Dedicated Legal Team
Advocates of the High Court of Kenya assigned to your matter from instruction to conclusion.
Plain-Language Communication
We explain your legal position clearly at every stage. No jargon. Just clear, actionable guidance.
Your Construction & Projects Law Team
Frequently Asked Questions
Common questions our clients ask about construction & projects law in Kenya.
Yes. The National Construction Authority Act 2011 requires contractors undertaking construction works in Kenya to be registered with the National Construction Authority (NCA) in the category appropriate to the type and value of the work. Engaging an unregistered contractor exposes a project to regulatory and enforcement risk, so we confirm registration status as part of contractor due diligence.
Typically, development permission from the relevant county government under the Physical and Land Use Planning Act 2019, approved building plans and — for projects that require it — an Environmental Impact Assessment licence from NEMA under the Environmental Management and Co-ordination Act. Other approvals may apply depending on location and use. We map the approvals your project needs at the outset.
Standard forms commonly used in Kenya include the Joint Building Council (JBC) forms for building works and the FIDIC suites for larger and internationally financed projects. The right choice depends on project size, financing requirements and how design responsibility is allocated. Whichever form is used, the particular conditions should be tailored to the project.
Most construction contracts provide a tiered process — negotiation between the parties, then adjudication or mediation, and finally arbitration. Arbitration under the Arbitration Act 1995 is confidential and produces a binding award that can be enforced through the High Court. We draft dispute resolution clauses that suit the project and represent clients at each stage.
Have a question not covered here? Ask one of our advocates →
Who We Serve
Related Practice Areas
Take the Next Step
Ready to Resolve Your Construction & Projects Law Matter?
Speak with our advocates in Karen, Nairobi or Kakamega. Request a consultation and we will respond the same business day.
Tana House, Karen Shopping Centre, Karen, Along Lang'ata Road, 3rd Floor, Room 309 | Regulated Advocates | Commissioners for Oaths & Notaries Public