Stella Situma

Partner

Stella Situma is a Partner in the Banking, Finance & Projects practice. She has over 13 years’ post-qualification experience advising lenders, financial institutions, and private lenders on a wide range of banking and finance transactions. She is a recognised specialist in banking security documentation, security structuring and perfection, and regularly advises on enforcement strategies and cross-border lending transactions from a Kenyan law perspective.

Stella Situma

About Stella

Stella has acted for more than twenty licensed Kenyan commercial banks, as well as international lenders and private equity investors, across sectors including renewable energy, manufacturing, real estate, oil and gas and SMEs. Her experience includes the preparation and registration of complex security packages, debentures, charges over immovable property, share pledges and Shariah-compliant security structures. She is frequently instructed on high-value facilities, syndicated and bilateral lending transactions, and distressed lending scenarios involving intercreditor arrangements and enforcement considerations.

In the energy sector, Stella has advised on significant renewable energy projects, including large-scale wind and solar developments, where her role has included land rights structuring, lease and easement agreements and project-related security documentation. She is known for delivering technically robust, pragmatic and commercially focused advice, particularly in transactions involving regulatory complexity and evolving land and securities frameworks.

Stella is recognised by leading international legal research bodies, including The Legal 500 EMEA, for her expertise in Banking and Finance and Real Estate and Construction, reflecting her strong standing in the Kenyan market for complex finance and security-related work.

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

Finance and Banking

  • Acted for a leading commercial bank in connection with the preparation and perfection of various security documents created by borrowers operating in various sectors including manufacturing, consumer goods, SMEs and construction.
  • Acted for a fast-growing venture backed climate technology company headquartered in Mauritius with a subsidiary in Kenya in connection with a significant funding from First Rand Bank Limited by reviewing the Memorandum of Deposit of Shares and related documentation on behalf of the client.
  • Acted for a leading private equity firm based in Johannesburg South Africa that was investing through subscription of preference shares in a microlending entity headquartered in Mauritius with subsidiaries across East Africa by reviewing the Preference Subscription Share Agreement from a Kenyan law perspective and the preparation of a corporate guarantee by the Kenyan subsidiary.
  • Advised a US based lender on the enforcement options available to it following the inability of two Kenyan company borrowers to repay their obligations including advising on the steps to be taken given the existence of an Interlenders Agreement between the client and a Kenyan-based lender.
  • 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 facility of United States Dollars One Hundred and Twenty Million (USD 120,000,000.00).
  • Acted for a foreign lender specializing 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 initiatives that had been introduced by the Ministry of Lands. She ably negotiated undertaking terms with the taking over banks 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 bank that was taking over the facilities.
  • Acted on behalf of a leading commercial bank in the preparation of a joint debenture by two associated companies in favour of the bank to secure the sum of Kenya Shillings Three Hundred Million (Kshs. 300 million).

Energy

  • Part of the team that acted on behalf of a Fortune 500 company in connection with a 100 mw windshore farm in the Kipeto area in Kajiado. She drafted the 57 lease agreements that were signed by the land owners and was also responsible for the preparation and registration of Easement Agreements and Agreements for the sale and purchase of land required for the project.

 

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.