Stella Situma

Partner

Stella Situma is a Partner in our Banking, Finance & Projects practice. She has over thirteen years' legal expertise garnered in two top tier firms in Kenya. She provides specialised knowledge on preparation and perfection of bank security documentation and has acted for over ten licensed Kenyan commercial banks. Her experience includes issuing capacity, validity and enforceability opinions to lenders particularly for cross border transactions.

Stella Situma

About Stella

Stella commenced her career as an associate with the esteemed legal firm of Iseme Kamau & Maema Advocates (DLA Piper). She later joined CMS Daly Inamdar Advocates in 2017 and in 2019 she was promoted to Partner in the Banking and Finance and Real Estate Departments of CMS.

In April 2024, Stella joined Kieti Law LLP CDH as a Partner.

Areas of expertise

Experience

  • Acted for a top tier commercial bank in the preparation and registration of a specific debenture by a leading oil marketer within the East African region to secure a loan facility of One Hundred and Twenty Million United States Dollars.

  • Acted for a foreign lender specialising in financing renewable energy projects in their first ever solar finance project in Kenya in the preparation and registration of a specific debenture over solar panels and related equipment situate on garden city, one of Kenya's leading retail centres.

  • Acted for a top tier commercial bank in the preparation and perfection of securities to secure borrowing of Kshs.500 million over immovable property which comprised serviced Apartments.

  • Advised a foreign lender in connection with the preparation and registration of a specific debenture over the borrower's assets to be acquired in Kenya.

  • Acted for an investment bank in the preparation of a Shariah compliant Memorandum of Pledge of Shares in respect of facilities to be advanced to a borrower involved in the sale and importation of petroleum products.

  • Acted on behalf of various Kenyan commercial banks in the preparation of Shariah compliant security documents in the form of specific debentures and charges over immovable property.

  • Acted on behalf of a top tier bank in the takeover of facilities advanced to a borrower that was in default of its obligations. The transaction also involved the creation of a charge over immovable property which had been listed in the gazette notice on conversion following the digitization initiative that had been introduced by the Ministry of Lands. She ably negotiated undertaking terms with the taking over bank that facilitated payment of the outstanding sums prior to the completion of the conversion formalities and the registration of the debenture in favour of the taking over bank.

  • Acted on behalf of a leading commercial bank in the preparation of a joint debenture by two associated companies in favour of the bank.

Recognition

  • The Legal 500 EMEA 2022-2025 mentioned Stella for Banking, Finance & Capital Markets
  • The Legal 500 EMEA 2022-2024 ranked Stella as a key lawyer in Real Estate and Construction.
  • IFLR1000 2025 recognised Stella as a 'notable practitioner' in Banking and Finance.

Credentials

Education

  • Advocate of the High Court of Kenya-admitted to the Roll of Advocates on 18th November 2011
  • Postgraduate Diploma, Law-Kenya School of Law
  • Bachelor of Laws (LLB)- University of Nairobi

Memberships

  • East Africa Law Society
  • Law Society of Kenya

LANGUAGES

  • English
  • Swahili

News

Supreme Court settles the uncertainty around further advances on the strength of a continuing security
Banking, Finance & Projects

Supreme Court settles the uncertainty around further advances on the strength of a continuing security

There have been divergent opinions in the Kenyan courts about whether, in the case of fresh advances to a borrower, the existing securities should be discharged and fresh securities...

Kenyan High Court confirms that foreign companies can sue in Kenya without local registration
Corporate & Commercial Law

Kenyan High Court confirms that foreign companies can sue in Kenya without local registration

After exactly one year, the Kenyan High Court has delivered a significant ruling that will be of interest to foreign companies dealing withKenyancounterparts. 

Court’s approach to balancing contractual freedom with protection against unconscionable contract terms
Banking, Finance & Projects

Court’s approach to balancing contractual freedom with protection against unconscionable contract terms

In a recent landmark decision, Kanwal Sarjit Singh Dhiman v Kenshvaji Jivraj Shah eKLR, the Court of Appeal (Court) addressed, among other things, the enforceability of contracts containing exploitative...

The fate of digital credit providers following the amendment of sections 33S and 57 of the Central Bank of Kenya Act
Banking, Finance & Projects

The fate of digital credit providers following the amendment of sections 33S and 57 of the Central Bank of Kenya Act

Kenya has witnessed rapid digital transformation over the last couple of years, which was precipitated by the COVID-19 pandemic and aided by technological advancements and the increased penetration...

Disposal of seized motor vehicles by banks, through auction, is subject to VAT
Banking, Finance & Projects

Disposal of seized motor vehicles by banks, through auction, is subject to VAT

In a landmark ruling in KCB Bank Kenya Limited v Commissioner Legal Services & Board Co-ordination (Tax Appeal E023 of 2024) , the Tax Appeals Tribunal (Tribunal) held that value-added...

Disposal of seized motor vehicles by banks, through auction, is subject to VAT
Tax & Exchange Control

Disposal of seized motor vehicles by banks, through auction, is subject to VAT

In a landmark ruling in KCB Bank Kenya Limited v Commissioner Legal Services & Board Co-ordination (Tax Appeal E023 of 2024) , the Tax Appeals Tribunal (Tribunal) held that value-added...

Prerequisites of an informal charge: Does the mere deposit of an original title deed with a lender create an informal charge?
Banking, Finance & Projects

Prerequisites of an informal charge: Does the mere deposit of an original title deed with a lender create an informal charge?

The sanctity of contracts as a cornerstone of commercial transactions cannot be overstated. Kenyan courts generally uphold contracts freely entered into by parties, save where such...

Lender’s victory: Essential strategies for effective security enforcement
Dispute Resolution

Lender’s victory: Essential strategies for effective security enforcement

On 11 November 2024, the High Court in East African Cables PLC v Equity Bank (Kenya) Limited KEHC 14009 (KLR) delivered a ruling that reaffirmed the strong position of secured creditors...

'How to Navigate Digital Transformation in Kenya’s Financial Services Sector
Banking, Finance & Projects

'How to Navigate Digital Transformation in Kenya’s Financial Services Sector

Stella Situma, Partner in the Banking, Finance & Projects practice at CDH Kenya, was recently featured in People Daily, discussing ' How to Navigate Digital Transformation in Kenya’s...

Increase in interest rates: A delicate balance between contractual freedom and consumer protection
Banking, Finance & Projects

Increase in interest rates: A delicate balance between contractual freedom and consumer protection

That parties have contractual freedom is not in doubt. To this end, courts have upheld the sanctity of contracts entered into by parties, except in cases where the parties contracted...

Worrying trend in exercise of statutory power of sale: A preserve of entities conducting banking or financial business and licensed by CBK?
Banking, Finance & Projects

Worrying trend in exercise of statutory power of sale: A preserve of entities conducting banking or financial business and licensed by CBK?

At the heart of every secured lending transaction is a lender’s comfort in the knowledge that in the event of default by the borrower, it will be able to enforce its security, including...

Jurisdiction of the Environment and Land Court in enforcement of securities over land
Banking, Finance & Projects

Jurisdiction of the Environment and Land Court in enforcement of securities over land

” Jurisdiction is everything ” reads part of the decision of the Court of Appeal in the Owners of Motor Vessel Lillian S v Caltex Oil (Kenya) Limited KLR1. 

Supreme Court settles the uncertainty around further advances on the strength of a continuing security
Banking, Finance & Projects

Supreme Court settles the uncertainty around further advances on the strength of a continuing security

There have been divergent opinions in the Kenyan courts about whether, in the case of fresh advances to a borrower, the existing securities should be discharged and fresh securities...

Kenyan High Court confirms that foreign companies can sue in Kenya without local registration
Corporate & Commercial Law

Kenyan High Court confirms that foreign companies can sue in Kenya without local registration

After exactly one year, the Kenyan High Court has delivered a significant ruling that will be of interest to foreign companies dealing withKenyancounterparts. 

Court’s approach to balancing contractual freedom with protection against unconscionable contract terms
Banking, Finance & Projects

Court’s approach to balancing contractual freedom with protection against unconscionable contract terms

In a recent landmark decision, Kanwal Sarjit Singh Dhiman v Kenshvaji Jivraj Shah eKLR, the Court of Appeal (Court) addressed, among other things, the enforceability of contracts containing exploitative...

The fate of digital credit providers following the amendment of sections 33S and 57 of the Central Bank of Kenya Act
Banking, Finance & Projects

The fate of digital credit providers following the amendment of sections 33S and 57 of the Central Bank of Kenya Act

Kenya has witnessed rapid digital transformation over the last couple of years, which was precipitated by the COVID-19 pandemic and aided by technological advancements and the increased penetration...

Disposal of seized motor vehicles by banks, through auction, is subject to VAT
Banking, Finance & Projects

Disposal of seized motor vehicles by banks, through auction, is subject to VAT

In a landmark ruling in KCB Bank Kenya Limited v Commissioner Legal Services & Board Co-ordination (Tax Appeal E023 of 2024) , the Tax Appeals Tribunal (Tribunal) held that value-added...

Disposal of seized motor vehicles by banks, through auction, is subject to VAT
Tax & Exchange Control

Disposal of seized motor vehicles by banks, through auction, is subject to VAT

In a landmark ruling in KCB Bank Kenya Limited v Commissioner Legal Services & Board Co-ordination (Tax Appeal E023 of 2024) , the Tax Appeals Tribunal (Tribunal) held that value-added...

Prerequisites of an informal charge: Does the mere deposit of an original title deed with a lender create an informal charge?
Banking, Finance & Projects

Prerequisites of an informal charge: Does the mere deposit of an original title deed with a lender create an informal charge?

The sanctity of contracts as a cornerstone of commercial transactions cannot be overstated. Kenyan courts generally uphold contracts freely entered into by parties, save where such...

Lender’s victory: Essential strategies for effective security enforcement
Dispute Resolution

Lender’s victory: Essential strategies for effective security enforcement

On 11 November 2024, the High Court in East African Cables PLC v Equity Bank (Kenya) Limited KEHC 14009 (KLR) delivered a ruling that reaffirmed the strong position of secured creditors...

'How to Navigate Digital Transformation in Kenya’s Financial Services Sector
Banking, Finance & Projects

'How to Navigate Digital Transformation in Kenya’s Financial Services Sector

Stella Situma, Partner in the Banking, Finance & Projects practice at CDH Kenya, was recently featured in People Daily, discussing ' How to Navigate Digital Transformation in Kenya’s...

Increase in interest rates: A delicate balance between contractual freedom and consumer protection
Banking, Finance & Projects

Increase in interest rates: A delicate balance between contractual freedom and consumer protection

That parties have contractual freedom is not in doubt. To this end, courts have upheld the sanctity of contracts entered into by parties, except in cases where the parties contracted...

Worrying trend in exercise of statutory power of sale: A preserve of entities conducting banking or financial business and licensed by CBK?
Banking, Finance & Projects

Worrying trend in exercise of statutory power of sale: A preserve of entities conducting banking or financial business and licensed by CBK?

At the heart of every secured lending transaction is a lender’s comfort in the knowledge that in the event of default by the borrower, it will be able to enforce its security, including...

Jurisdiction of the Environment and Land Court in enforcement of securities over land
Banking, Finance & Projects

Jurisdiction of the Environment and Land Court in enforcement of securities over land

” Jurisdiction is everything ” reads part of the decision of the Court of Appeal in the Owners of Motor Vessel Lillian S v Caltex Oil (Kenya) Limited KLR1. 

From vision to fruition.