Privatisation and projects in Kenya

Anjarwalla & Khanna

Anjarwalla & Khanna has a well-established projects, energy and infrastructure practice. While being a dominant force in large-scale domestic projects, it is increasingly active in energy and renewables projects outside of Kenya, including Uganda. The core team has attracted big-ticket engagements from a raft of sponsors, developers and lenders. It has represented many of Kenya's largest power producers over the last decade and has played a key role in a number of headline public-private partnerships (PPPs). A leading figure in the market, Amyn Mussa heads the projects and infrastructure department. Senior associate Karim Lalji provides additional support.

Practice head(s):

Amyn Mussa

Other key lawyers:

Karim Lalji

Testimonials

‘They are very knowledgeable; very quick to respond.’

‘Good contextual knowledge from the partners who know the political temperature of our external stakeholders and are able to tailor their advice to take into account the political context.’

We receive detailed memoranda of advice and the team tend to be practical in their advice.

‘Amyn Mussa and Karim Lalji are fantastic in power and mergers and acquisitions.’

‘We rely heavily on partner Amyn Mussa to be involved in the work and his visibility and engagement is high.’

Key clients

Kenya Airways (KQ)

Berkeley Energy

Frontier Energy

Elicio

Quantum Power East Africa

Impact North

Globeleq

Tembo Power

Metier International

Kipeto Energy

ALSF

Actis

Elsewedy Electric

Work highlights

  • Acted for Kenya Airways, the flag carrier and national airline of Kenya, in connection with the proposed consolidation of the entire Kenyan aviation sector.
  • Acted as lead counsel for Berkeley Energy, a renewable energy fund manager investing in Asian and African emerging markets, in connection with its first-ever transaction in Madagascar, which involved the acquisition of a significant portfolio of hydro and solar assets from Tozzi Renewable Energy.
  • Advised Frontier Energy on its acquisition of a majority stake in the 50MW Chania Green Generation wind project.

Dentons Hamilton Harrison & Mathews

Dentons Hamilton Harrison & Mathews has an extensive record in energy and infrastructure projects in Kenya and across East Africa. It is also noted for its expertise in PPPs, including Kenya's Roads Annuity Programme. It has represented the Kenyan government and key local authorities in a wide range of headline projects. It also advised a number of other private sector developers/sponsors and lenders. Andrew Mugambi is a leading name for PPPs and infrastructure projects. Peter Okaalet was promoted to partner in 2020.

Practice head(s):

Richard Omwela

Other key lawyers:

Andrew Mugambi; Daniel Wanjau Muriu; Peter Okaalet

Key clients

China Road and Bridge Corporation

PricewaterhouseCoopers (PWC)

Government of Kenya

The National Roads Authorities in Kenya

Work highlights

  • Acted as Kenyan legal advisers to China Road and Bridge Corporation on the development, operation and maintenance of a dual carriageway with Class A standard that connects Mlolongo town with James Gichuru Road along the median strip of the A8 National Road (the Nairobi Expressway).
  • Advised the various contracting authorities under the Road Annuity Programme on PPP Projects on the construction and rehabilitation (as applicable) of roads cutting across over 15 (of the 42) counties in Kenya.

Iseme, Kamau & Maema Advocates

Iseme, Kamau & Maema Advocates is a recognised leader in energy and infrastructure, and developed a strong focus on restructuring during 2020. It continues to be highly involved in PPPs and procurement projects such as Kenya's affordable housing initiative. The Nairobi team is increasingly involved in cross-border and regional projects, frequently working alongside other DLA Piper Africa firms. James Kamau is a top professional in the projects space and Beatrice Nyabira has gained considerable market recognition for her work in the renewables and other sectors.

Practice head(s):

Beatrice Nyabira

Other key lawyers:

James Kamau

Testimonials

‘Well learned and resourced team with great legal nuance and advisory skills in energy sector project development. Their main strengths and capabilities are their quick turnaround times on assignments, breaking down of complex matters into simple tailor made solutions for easier understanding by their clients. To my estimation, they are the top legal and go-to firm for advisory services on energy projects implementation.’

‘Good experience in the Kenyan projects market. Dependable team. Good level of partner involvement with active support from more junior members. Responsive and considerate in their views.’

‘Great team, knowledgeable of the energy sector and experience.’

‘James Kamau, the managing partner, provides out of the box solutions to our needs and deploys all the necessary resources to ensure a quick turnaround on assignments.’

Beatrice Nyabira has developed great and exceptional expertise on energy and power projects and has been able to provide solutions in just about anything under this sector. She is smart, intelligent, well learned and possesses key contacts necessary to ensure smooth development of the project on all stages from a legal point of view.

Key clients

CDC Group

Société de Promotion et de Participation Pour la Coopération Économique (Proparco)

Federal Government of Somalia

African Legal Support Facility

Rareh Icon Solar

Radiant Energy

African Development Bank

Malthe Winje Infrapower

General Electric

Amref Enterprises

Kenya Breweries

Kenyan Tea Development Agency

Unilever Kenya

Work highlights

  • Advised the African Legal Support Facility and Federal Government of Somalia on the reform of the Somalia 1984 Mining Code.
  • Advised Radiant Energy on the development, financial close and commissioning of two 40MW solar power projects in Kenya.
  • Advised Amref Enterprises on the procurement and implementation of a social infrastructure PPP project in Makueni County.

Bowmans

Bowmans has a fine record in oil and gas projects, including advising Tullow Oil on the development of Kenya’s first midstream oil pipeline from Lokichar to Lamu. It is also active in Kenya’s Roads Annuity Programme, advising on four projects during a 12-month period. Renewable energy and affordable housing projects are additional growth areas for the team. Paras Shah is a versatile transactional lawyer with a background in the oil and gas sector. Aleem Tharani's practice spans project development and finance, particularly in relation to energy and road infrastructure projects. Senior associate Edwin Baru is also noted.

Practice head(s):

Paras Shah

Other key lawyers:

Aleem Tharani; Edwin Baru

Testimonials

‘Strong individual partners. Good background in subject areas.’

‘Direct communication with key partners that are extremely helpful and knowledgeable. A very strong and solid team that has end-to-end skill-sets on the array of documentation required to develop, finance, construct and operate projects. The exposure given to associates is excellent and the quality of work is fantastic.’

‘Deep insight of the sector and quality of the partners, accessible and friendly people.’

‘Good knowledge of the public side of energy projects (PPA etc) and the international financing side of the same. Very up to date on developments such as on Government Letters of Support. In touch with the market’

‘Bowmans has significantly enhanced its energy projects team with the arrival of Aleem Tharani from A&K last year, which makes it one of the most capable law firms in Kenya to support clients in structuring complex infrastructure/energy projects and equity transactions.’

‘Aleem Tharani has completely changed Bowmans’ profile when it comes to energy projects practice. He is extremely knowledgeable, available, commercially minded, has a good network and has worked on most of the IPP projects closed in the country.’

‘Aleem Tharani is very good on energy transactions in Kenya.’

‘Aleem Tharani is the best lawyer I’ve had the opportunity to work with. His drafting, commercial acumen and overall sector knowledge is superior to any lawyer in the space.’

‘Paras Shah is a good commercial lawyer.’

Edwin Baru also brings a wealth of expertise in the energy industry and is great to work with. Edwin and Aleem work very well together and provide excellent advice.

Key clients

Tullow Oil, Total and Africa Oil (the Kenya Joint Venture)

Themis Energy

China Civil Engineering Construction Corporation

Intex Construction

Shandong Hi-Speed Group, Hass Infrastructure and GVR Infrastructure

Standard Bank of South Africa, Stanbic Bank Kenya

Voltalia

Virunga Power Holdings

Nederlandse Financierings – Maatschappij Voor Ontwikkelingsladen (FMO)

Frontier Energy II Alpha  and Frontier Energy II Beta  – Range Wind Park

Lake Turkana Wind Power, Tsavo Power and other IPPs.

Asachi Power Tech

Toyota Tsusho Corporation

Hydroneo

South Africa Clean Energy Solutions

Windlab Kenya

Work highlights

  • Advised Tullow Kenya, Total and Africa Oil on the upstream development of Blocks 10BA, 10BB and 13T in Turkana County. Also advised Tullow and its partners on the development of Kenya’s first midstream oil pipeline from Lokichar to Lamu.
  • Advised Standard Bank of South Africa, Stanbic Bank Kenya on the financing of Lot 15 and Lot 18 of the Kenya Roads Annuity Programme.
  • Advised Lake Turkana Wind Power on responding to a force majeure notice issued by the Kenya Power and Lighting Company (KPLC), as a result of the economic impact of Covid-19.

Kaplan & Stratton Advocates

Kaplan & Stratton Advocates has a long history in project development and project finance. It remains especially active in geothermal and solar power, road infrastructure and mining projects. The team is well acquainted with PPP project structures and represents a range of lenders, sponsors and developers, including a number of Chinese clients. Sam Wainaina is hugely experienced in power sector project development. Kenneth Kamaitha is also noted for mining and road infrastructure projects.

Practice head(s):

Peter Hime; Sam Wainaina

Other key lawyers:

Kenneth Kamaitha

Testimonials

‘Working on the largest projects in Kenya, including the first of a kind $1.5bn Nairobi-Nakuru-Mau Summit PPP project alongside Freshfields Bruckhaus Deringer.’

‘Timeliness and commerciality is top notch.’

Key clients

European Investment Bank (EIB)

Nederlandse Financierings-Maatschappij Voor Ontwikkelingslanden (FMO)

Deutsche Investitions- und Entwicklungsgesellschaft (DEG)

Agence Française de Développement (AFD)

International Finance Corporation (IFC)

The Export-Import Bank of China

PowerChina Group

Sinohydro Corporation

Vinci

Meridiam SAS

Stanbic Bank

Societe De Promotion et de Participation Pour la Cooperation Economique (Proparco)

Alten Energías Renovables

Work highlights

  • Advised the Rift Valley Consortium on the first PPP procurement conducted by the Government of Kenya through a competitive dialogue process for the widening, improvement, operation and maintenance of various sections of the highway between Nairobi and Mau Summit.
  • Advised EIB and FMO on their loan to Selenkei Investment and Cedate totalling over $105m for the development, procurement, construction, commissioning and operation of two 40MW solar power generation projects in Kenya.
  • Advised Alten on its $45m project for the development of a photovoltaic cell solar power plant in Kenya with an installed capacity of 40MW.

Walker Kontos Advocates

Walker Kontos Advocates is a key name for renewable energy projects in Kenya, landing engagements from both sponsors and lenders. The firm is also gaining an additional foothold in infrastructure projects, including those that form part of Kenya's Roads Annuity Programme. In addition, it is active in the secondary market, advising on project acquisitions and investments. Its alliance with Norton Rose Fulbright, provides it with additional cross-border capabilities and knowledge. Michael Kontos is a key player in energy and infrastructure project documentation and project finance.

Practice head(s):

Alexandra Kontos; Michael Kontos; Peter Mwangi; Deepen Shah

Other key lawyers:

Diana Situma; Rahma Karanja

Key clients

Stanbic Bank Kenya

Consolidated Bank of Kenya

Commercial Bank of Africa

Barclays Bank of Kenya

HFC

Bank of Africa Kenya

Guaranty Trust Bank Kenya

SBM Bank (Kenya)

Equity Bank Kenya

Standard Chartered Bank Kenya

I&M Bank

Jamii Bora Bank

KCB Bank Kenya

Prime Bank

The Eastern and Southern African Trade and Development Bank (TDB)

Gulf African Bank

Equity Bank (Kenya)

Diamond Trust Bank Kenya

Paramount Universal Bank

NIC Bank

UBA Kenya Bank

Kenya Electricity Generating Company

Work highlights

  • Advised, Kenery Renewables & Rumuruti Solar Generation, the project company on the acquisition of relevant land rights required in connection to the development of a 40MW solar PV project. Also advised on  aspects of its project development arrangements with investors including development cost financing.

CMS Daly Inamdar Advocates

CMS Daly Inamdar Advocates handles a mix of energy and infrastructure projects, including renewables, oil and gas, and road PPP matters. Julius Wako is an experienced figure.

ENSafrica

ENSafrica is making an impression in the energy and infrastructure project space, including solar power and port infrastructure projects. Nigel Shaw is a key figure in the real estate aspects of energy and infrastructure projects. Binti Shah provides further expertise in project finance. The firm is also able to call on the wider-Africa expertise of ENSafrica, including its large leading team in South Africa.

Practice head(s):

Nigel Shaw

Other key lawyers:

Binti Shah

Key clients

Tropical Power Kenya

Work highlights

  • Acted for Tropical Power on the proposed development and roll out of a solar PV project across various sites in Kenya on behalf of its client Vegpro (Kenya).

Mboya Wangong'u & Waiyaki Advocates

Mboya Wangong'u & Waiyaki Advocates has a strong energy and infrastructure finance practice. The practice is, in large part, driven by its work for major lenders, including domestic and international financial institutions. This includes advising Export-Import Bank of China on a major loan to the government of Kenya for three major infrastructure projects, notably the Nairobi-Naivasha SGR project, the Garissa Kenya photovoltaic power station project and the development of the Karimenu Dam. Godwin Wangong’u, Peter Waiyaki and CG Mbugua are key partners.

Practice head(s):

Godwin Wangong’u

Other key lawyers:

Peter Waiyaki; CG Mbugua 

Key clients

Trapos

Britam Asset Managers

Africa Integras Kenya

Thika Way Investments

China Export Import Bank

African Development Bank Group

Housing Finance Development and Investment (HFDI)

Work highlights

  • Advised on the structuring of asset-backed securities for Kenya Electricity Generating Company.
  • Assisted with the investment of €14m by Britam in Everstrong Power to fund the acquisition of 30% of the issued capital of Gulf Power, a thermal power plant in Kenya with a contracted capacity of 80.32MW.
  • Advised the Export-Import Bank of China on a loan to the government for three major infrastructure projects namely the Nairobi-Naivasha SGR Project, the Garissa Kenya photovoltaic power station project and the development of the Karimenu Dam.

MMAN Advocates

MMAN Advocates is a key name for infrastructure projects, including PPPs. Hospital, road and pipeline projects form a considerable portion of its workload. Waringa Njonjo leads the team and Suzanne Muthaura provides further senior-level expertise.

Practice head(s):

Waringa Njonjo

Other key lawyers:

Suzanne Muthaura

MMC ASAFO

MMC ASAFO is noted for representing Kenyan public entities in PPP programmes. The firm also advises Kenyan clients on projects in other jurisdictions, such as Ethiopia; it advised the Kenya Electricity Generating Company (KenGen) on its first drilling operations in a geothermal development project in the Tulu Moye region of Ethiopia. Njoroge Nani Mungai  and Juliet Mazera are the key partners.

Practice head(s):

Njoroge Nani Mungai

Other key lawyers:

Juliet Mazera; Yvette Akoth

Testimonials

‘Yvette Akoth was a pleasure to work with. Diligent and thorough, with a keen ear.’

Key clients

Kenya Railways Corporation

Project Implementation Unit (PIU) of the National Treasury

Public Private Partnerships Unit (PPP Unit) of the National Treasury

The Government of Kenya through the Ministry of Transport, Infrastructure, Housing & Urban Development

Work highlights

  • Advised the Kenya Electricity Generating Company (KenGen) on its first drilling operations in a geothermal development project in the Tulu Moye region of Ethiopia.
  • Acted for the Public Private Partnerships Unit of the Kenyan National Treasury, as part of the Genesis Analytics Pty-led consortium, on the development, operation and maintenance of a total of 34,900 bed-capacity students’ hostels to be undertaken by Moi University, University of Embu, South Eastern Kenya University, Kenya Technical Trainers College and Egerton University under a public private partnership (PPP) model.
  • Advised the Kenya Airports Authority (KAA) on a privately initiated investment proposal (PIIP) from Kenya Airways (KQ) proposing the concession of certain operations and management of the Jomo Kenyatta International Airport to KQ.