Team size: 30

Major legal advisors: Bowmans Kenya, TripleOKlaw, ENS Africa, MMAN Advocates, Igeria and Ngugi Advocates, Karanja Njenga Advocates, Ashitiva Advocates LLP  & MNG Advocates. 

Jurisdictions your role covers:  Kenya and South Africa

Career Biography

Munga Elkanah is an Advocate of the High Court of Kenya and a legal professional specialising in corporate and commercial law, real estate development, investment transactions, regulatory compliance, and corporate governance. He currently serves as Legal Counsel at IHS Kenya Limited, where he supports the IHS Kenya Green Housing Fund in delivering sustainable and affordable housing projects across Kenya. 

In his role, Munga advises on a wide range of matters including fund investments, land acquisitions, project development, construction contracting, strategic partnerships, and regulatory compliance. He has been involved in structuring and negotiating complex transactions with developers, financial institutions, professional associations, development finance institutions, and public sector stakeholders. His work focuses on ensuring that investments are legally sound, commercially viable, and aligned with international governance and ESG standards. 

Munga has played a key role in supporting green affordable housing developments through legal due diligence, transaction structuring, risk management, contract negotiation, and stakeholder engagement. He also advises on innovative homeownership initiatives designed to expand access to affordable housing for professionals, employers, and community groups. 

Before joining IHS Kenya Limited, Munga practiced law in a leading Kenyan law firm where he advised clients on conveyancing, commercial transactions, corporate advisory, dispute resolution, and regulatory matters. His experience included drafting and negotiating commercial agreements, conducting due diligence exercises, preparing legal opinions, and representing clients before courts and tribunals. 

Munga is passionate about the role of law as an enabler of investment, economic growth, and sustainable development. He believes that legal practitioners should not only mitigate risk but also facilitate strategic opportunities that create long-term value for investors, businesses, and communities.

Q&A

What are the most significant cases or transactions that your legal team has recently been involved in? 

 As Legal Counsel for the IHS Kenya Green Housing Fund, my team has recently been involved in several high-impact transactions that are central to our mandate of delivering green, affordable housing at scale in Kenya. 

Most notably, we have played a leading role in structuring and negotiating investments into the IHS Kenya Green Housing Fund, including transactions involving international development finance institutions and private capital providers. These transactions have required the legal team to navigate complex fund structures, regulatory approvals, extensive due diligence exercises, and multi-jurisdictional investment arrangements. The legal function has been instrumental in ensuring that the Fund remains compliant with Kenyan regulatory requirements while meeting the governance and reporting standards expected by international investors. 

Our team has also been heavily involved in land acquisition and development transactions for affordable housing projects within the Nairobi Metropolitan Area and other strategic growth corridors. These matters involve title due diligence, acquisition negotiations, land-use approvals, environmental and social compliance assessments, and the management of project-specific legal risks. Given the scale and long-term nature of these developments, careful legal structuring is essential to protect investor interests while supporting sustainable community development. 

In addition, we have supported the Fund’s partnerships with developers, contractors, consultants, financial institutions, and public sector stakeholders. This has included negotiating development agreements, construction contracts, joint venture arrangements, sales documentation, and various commercial agreements necessary for project delivery. A key focus has been ensuring that contractual frameworks align with our ESG commitments and affordable housing objectives. 

The legal team has also been actively involved in creating innovative homeownership and housing access programmes through strategic partnerships with employers, professional associations, cooperatives, and community-based organisations. These arrangements are designed to expand access to affordable housing by providing preferential purchase opportunities, flexible acquisition models, and consumer protection safeguards for prospective homeowners. 

From a governance perspective, we have continued to strengthen our compliance and risk management framework, particularly in relation to anti-money laundering requirements, data protection obligations, environmental and social safeguards, and investor reporting requirements. As the Fund continues to grow, legal oversight remains critical in ensuring that we maintain the highest standards of transparency, accountability, and regulatory compliance. 

Overall, while our work spans a broad range of legal disciplines, the most significant matters have centred on capital raising, project acquisitions and development, strategic partnerships, and the legal frameworks required to scale the delivery of green affordable housing across Kenya. These transactions are not only commercially significant but also contribute directly to addressing Kenya’s housing deficit and advancing sustainable urban development.

What trends are you seeing in foreign investment into the region, and how does your role support or facilitate these opportunities? 

One of the most notable trends we are seeing is the growing interest of international investors and development finance institutions in sectors that deliver both financial returns and measurable social impact. Affordable housing, climate-resilient infrastructure, urban development, and ESG-aligned investments are attracting increasing attention as investors seek opportunities that address fundamental development needs while generating sustainable returns. 

In Kenya and the broader East African region, there is particular interest in green housing and urbanization-related investments. Rapid population growth, urban migration, and a significant housing deficit continue to create strong demand for quality affordable housing. At the same time, international investors are increasingly prioritizing projects that incorporate environmental sustainability, resource efficiency, and strong governance standards. This convergence of commercial opportunity and development impact has positioned the region as an attractive destination for long-term institutional capital. 

As Legal counsel at IHS Kenya Green Housing Fund, my role is to help create the legal certainty and risk management framework necessary to unlock these investment opportunities. Foreign investors typically seek confidence that their capital will be protected through robust governance structures, transparent reporting mechanisms, enforceable contractual arrangements, and full regulatory compliance. The legal team plays a critical role in providing that assurance. 

Our involvement begins at the transaction structuring stage, where we work closely with investors, fund managers, regulators, and external advisers to design investment structures that are commercially efficient and legally compliant. We support due diligence processes, negotiate investment documentation, manage regulatory approvals, and ensure compliance with applicable investment, land, environmental, anti-money laundering, and corporate governance requirements. 

A significant aspect of our work also involves bridging the expectations of international investors with local market realities. Many foreign investors operate under stringent ESG, compliance, and reporting requirements. We therefore help align our projects and transactions with international best practices while ensuring they remain practical and effective within the Kenyan legal and regulatory environment. 

In addition, we facilitate partnerships with developers, financial institutions, employers, professional associations, and other stakeholders that expand access to affordable housing and strengthen project viability. These collaborations help create investable opportunities while supporting broader social and economic development objectives. 

Ultimately, the legal function has evolved beyond its traditional role of risk prevention. Today, it serves as a strategic enabler of investment. By providing sound legal structuring, proactive risk management, and strong governance oversight, we help create the confidence required for international capital to participate in Kenya’s affordable housing sector and contribute to sustainable economic growth across the region.