01
Statutory Notices
Preparation and service of the statutory notices required before realization — notices to pay, notices of sale, and the supporting demand documentation that the law requires.
Disputes & Resolution
Security Realization
Enforcement of charges, debentures, and securities — statutory power of sale through to clean post-sale completion.
Dx
- Acting for
- Banks · MFIs · Lenders
- Coverage
- Charges · Debentures · Power of Sale
- Linked practice
- Debt recovery · Conveyancing
Overview
How we approach security realization.
We act for banks, micro-finance institutions, and other lenders on the realization of security when a facility falls into default. The work runs from the statutory notices through to the sale, the completion, and the discharge — with the file managed so that the realization survives the challenges borrowers routinely raise to delay it.
Security realization sits at the meeting point of the firm's conveyancing and debt-recovery practices, and we draw on both. Securities the firm perfects are securities the firm can enforce, and the discipline that goes into creating a clean charge is the same discipline that makes its realization defensible.
Services
What we cover in security realization.
02
Exercise of Power of Sale
Conduct of the chargee's statutory power of sale, auctioneer instruction, and oversight of the sale through to a binding contract with the purchaser.
03
Receivership under Debentures
Appointment of receivers under debentures and floating charges, and the legal support that the appointment and the receivership require.
04
Possession & Eviction
Orders for vacant possession and eviction where occupation stands in the way of a clean sale of the secured property.
05
Redemption & Discharge
Management of redemption where the borrower clears the debt, and discharge of the security so the title returns cleanly to the right party.
06
Defending Realization
Resisting injunctions and challenges brought to stop or unwind a realization, so a lawful exercise of the power of sale is not defeated by delay.
Approach
The way we run a security realization matter.
A four-step discipline applied to every brief, so the work is senior-led at the points where senior judgement matters, and moves predictably between them.
Security Review
The charge, debenture, and facility documentation are reviewed and the statutory preconditions to sale confirmed before any notice issues.
Statutory Notices
The required notices are issued and served on the correct parties, with the timelines diarised and the proof of service preserved for the file.
Sale or Receivership
The power of sale is exercised or a receiver appointed; the sale is conducted to a binding contract, and any injunction is met head-on.
Completion & Discharge
Sale completed, proceeds applied to the debt, transfer registered to the purchaser, and any surplus or shortfall accounted for and pursued.
FAQs
Questions clients ask about security realization.
The ones we hear most often. For anything specific to your matter, a short call is usually the fastest way to an answer.
All firm FAQs →Kenyan law requires the chargee to serve statutory notices — including a notice to pay and a notice of sale — and to allow the prescribed periods to run before the power of sale can be exercised. We prepare and serve these correctly so the sale is not later set aside.
We move promptly to resist it. Where the realization is lawful and the statutory steps have been followed, an injunction obtained to delay the sale can be challenged and discharged, and we run that application with senior involvement.
Until the sale is concluded, a borrower who clears the outstanding debt may redeem. We manage redemptions cleanly — accounting for the sums due and discharging the security so the title returns to the borrower without loose ends.
Where a realization leaves a shortfall, we pursue the balance through the debt-recovery practice — judgment, attachment, garnishee, and the other execution routes — so the lender's recovery is taken as far as the law allows.
Related Practice Areas
Adjacent counsel from the firm.
Security Realization Counsel
Speak with a partner about your security realization matter.
We will tell you, plainly, whether we are the right firm, and how we would propose to handle it. The first call is confidential and at no charge.