Team size: Circa 70

Major legal advisors: Dentons Hamilton, Harrison & Matthews and the Attorney General of the Republic of Kenya

Q&A

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

Our legal team supports virtually every strategic aspect of Kenya Power’s business, from major infrastructure projects and commercial transactions to corporate governance, regulatory engagement and complex dispute resolution. 

One of our most significant matters handled recently involved representing the Company in an international arbitration before the London Court of International Arbitration (LCIA) arising from the Government of Kenya’s Last Mile Connectivity Project financed by the African Development Bank. The dispute, which involved a Spanish contractor, arose during the implementation of the project after which the matter was referred to the LCIA for consideration. The dispute required management of complex cross-border contractual issues, international procurement obligations and project financing considerations.

We continue to manage high-value disputes involving electricity supply, employment, procurement, land acquisition, wayleaves and commercial contracts before the courts, the Energy and Petroleum Tribunal and sector regulators. Through a deliberate focus on early dispute resolution, litigation strategy and strong case management, the team has maintained a litigation success rate of approximately 94%, significantly reducing financial exposure while protecting the Company’s operational interests. 

The legal function has played a central role in some of the Company’s most strategic commercial transactions. These include negotiating complex Power Purchase Agreements (PPAs) with Independent Power Producers, advising on multi-billion-shilling procurement contracts, supporting network expansion projects and providing legal guidance on land acquisition and wayleave negotiations. 

Our team of legal counsel work alongside engineers, procurement teams and project managers to resolve land access issues, negotiate compensation arrangements and ensure statutory approvals are secured without delaying implementation of projects. This integrated approach enables legal risk to be managed while supporting timely delivery of critical national infrastructure. 

The team has also led significant governance reforms aimed at aligning Kenya Power with evolving corporate governance standards.

This includes reviewing the Company’s Articles of Association, Board Charter, Committee Charters and governance policies to align them with international governance best practices and the recently enacted the Government Owned Enterprises Act, 2025. These reforms have strengthened Board independence, enhanced protection of minority shareholder interests and improved governance accountability by creating to classes of ordinary shareholders with the right to vote for a proportionate number of Directors to the Board. Class A Shareholders are shareholders other than the Cabinet Secretary, National Treasury while Class B Shareholder is the National Treasury. 

As testament to the continued improvement in corporate governance, the Company’s independent corporate governance assessment by the Capital Markets Authority (CMA) has steadily improved over the past four years rising by 37% from 54% in 2021 to 91% for the financial year ended June 2025.  

Another landmark initiative has been the design and implementation of a company-wide Policy Compliance Framework. Rather than treating compliance as solely the responsibility of the Legal Function, the framework embeds accountability across the business through designated Legal and Policy Compliance Champions in every division. These officers use standardized compliance matrices and reporting tools to monitor implementation of Board-approved policies, identify emerging compliance risks and escalate issues before they become regulatory breaches. The result is a shift from reactive compliance to a proactive culture where business units own compliance as part of day-to-day operations. 

In light of increasing regulatory scrutiny across sectors in East Africa, how are you adapting your compliance frameworks to stay ahead of change? 

The regulatory environment is becoming increasingly dynamic, particularly in sectors such as energy, data protection, governance and Environmental, Social & Governance (ESG) compliance. To align with the increasing regulatory demands, Kenya Power has adopted a more proactive compliance approach anchored on continuous monitoring of the regulatory environment and immediate alignment of processes with the developments.

At Kenya Power, we recently developed and commenced implementation of a comprehensive Policy Compliance Framework designed to institutionalize compliance ownership across all functions. The Framework establishes designated Legal and Policy Compliance Champions, standardized compliance reporting tools, risk-based monitoring mechanisms and continuous sensitization programmes. 

These champions are currently undergoing intensive, tailor-made training to equip them with practical skills in compliance monitoring, legal risk identification and policy implementation. This is intended to give them the required tools for compliance management, monitoring and early risk identification, to ensure the Company builds and sustains a culture of compliance.  

Additionally, there is increasing focus on compliance awareness, where both Management and staff are sensitized on emerging legal and regulatory risks. The objective is to create a sustainable compliance culture that supports operational resilience, regulatory confidence and enhanced corporate governance.

What strategies has your legal team adopted to mitigate legal and regulatory risks in a rapidly evolving business and political environment? 

Our approach to risk mitigation is increasingly preventive, collaborative and business-focused. One key strategy has been embedding legal and compliance oversight within operational structures through designated compliance champions and structured reporting systems. This enables early identification and escalation of risks at operational level before they crystallize into disputes, regulatory breaches or financial exposure.

We have also prioritized policy standardization and continuous legal sensitization for staff across the Company. In addition, the legal team works closely with executive management in evaluating legislative reforms, regulatory developments and stakeholder expectations to ensure the Company adapts quickly to an evolving operating environment. 

Another important focus area has been strengthening governance and accountability mechanisms, including engagement of independent legal and governance auditors, compliance monitoring and implementation tracking. This has enhanced institutional responsiveness and reduced fragmentation in management of legal and regulatory obligations. 

Ultimately, our goal is to position the legal function not merely as a reactive advisory unit, but as a strategic enabler of sustainable business operations, good governance and organizational resilience.

How is the role of the General Counsel evolving in East Africa as organisations place greater emphasis on governance, transparency and ESG considerations? 

The role of General Counsel in East Africa is evolving significantly from a purely legal advisory function to a broader strategic leadership role encompassing governance, ethics, compliance, sustainability and enterprise risk management.

General Counsel are increasingly expected to support decision-making at the highest strategic level while also driving governance culture, regulatory accountability and stakeholder confidence. There is growing involvement of legal teams in ESG frameworks, data protection, corporate governance reforms and regulatory engagements. 

For example, implementation of ESG reporting standards requires close collaboration between Legal, Finance, Sustainability and technical functions to ensure disclosures are accurate, compliant and aligned with regulatory requirements and investor expectations. Similarly, legal teams are increasingly involved in data governance, cybersecurity oversight and emerging technology regulation 

In highly regulated sectors such as energy, the General Counsel is now expected to operate as a strategic partner to both management and the Board by balancing commercial realities with legal, governance and public interest considerations. 

There is also greater emphasis on proactive risk management, compliance integration and institutional transparency. As a result, legal leaders are increasingly required to possess multidisciplinary capabilities extending beyond technical legal expertise into governance, policy, strategy, crisis management and stakeholder engagement. 

In my view, the modern General Counsel in East Africa is becoming a central pillar in shaping sustainable, accountable and resilient institutions.