PROJECTS (ENERGY & INFRASTRUCTURE)
Energy and infrastructure are more than just sectors. They are fundamental drivers of economic, political and social progress across the globe and particularly in emerging economies like Kenya and the East African Region. KO is at the forefront of developments in these industries in this region.
KO advises a wide variety of multinational clients, including oil and gas companies and state corporations, power and utility firms, private equity funds, banking and insurance companies, real estate developers, Development Finance Institutions (DFIs), Multilateral Finance Institutions (MFIs) and the government on projects and projects financing. We provide our clients with a totally integrated service on all aspects of the projects work, drawing on the projects team specialist skills in all the relevant parts of the law.
Our broad experience advising the full range of market participants means we are able to anticipate and understand issues and problems that may arise during the course of a project and find constructive solutions to them.
KO lawyers provide industry experience along with technical and practical insight in sectors throughout the project development cycle & finance.
Key features of our approach differentiate us; our client focus, innovativeness and flexibility. Understanding, anticipating & satisfying the client’s individual legal need is, for us, a priority.
Our lawyers win praise for their technical ability as well as their commercial approach and can provide a comprehensive service, including advising on project structures, conducting legal due diligence, risk allocation and reviewing the “bankability” of project agreements and financing arrangements.
KO’s Project Development & Finance Practice guides clients through all aspects of a project’s development, financing and operation. The Projects team draws seamlessly on the skills and proficiency of our other specialist practices, including our Corporate & Finance, TMT and Litigation teams. The team includes lawyers who are seasoned in negotiating joint ventures, concessions, power purchase agreements or other development agreements, as well as providing insightful advice on environmental, regulatory, real estate, public procurement and public private partnerships.
Recently, we have advised the Information and Communication Technology Authority on procurement in the Government of Kenya’s Digital Literacy Programme and Kenya Association of Manufacturers (KAM) on Development of County Sustainable and Clean Energy Policies for two counties.
Our Representative Matters in Projects include:
- Advising the Information and Communication Technology Authority (ICTA) on the Government of Kenya’s Kshs. 17.5 Billion Digital Literacy Program (DLP) which entailed provision of 1.2 Million digital devices for both learners and teachers aimed at integrating the use of digital technologies in learning. They sought our counsel on all legal and regulatory requirements for the public procurement of the project, drafting of key project agreements and documents and obtaining Government approvals as required under Public Procurement and Asset Disposal Act 2015.
- Advising the Kenya Urban Roads Authority (KURA) and the PPP Unit of the Ministry of Finance on the Kshs. 8 Billion development of the 2nd Nyali Bridge through Public Private Partnerships, whose primary objective is to decongest the existing Nyali Bridge and serve the daily traffic volumes between Mombasa Island and the North Coast Mainland. The transaction advisory services involved undertaking a due diligence of all legal and contractual issues associated with the Project and on the risk allocation and other transaction structuring issues related to the selection of a suitable PPP arrangement and drafting all legal and contractual documents required for the proposed transaction, such as the bidding documents, license or concession agreements.
- Advising Powerhive Inc, a technology venture that partners with utilities and independent power producers to provide access to productive, affordable, and reliable microgrid electricity to rural homes all over the globe. The scope of our advice was on, but not limited to project development legal advisory, permitting and licensing process, project documentation and project finance work in the development of solar powered micro-grids for generation, distribution, and supply of 3,000kW of electricity through 100 solar mini-grids, in 100 villages in two counties in Nyanza Province.
- Advising Kenya Association of Manufacturers (KAM) on Development of County Sustainable and Clean Energy Policies for Nairobi which is the hub of commercial activity in East Africa and Machakos County which is the industrial hub in Kenya. The scope mainly involved drawing out the key policy questions that would shape the energy landscape with regards to the energy mix, generation, distribution, connectivity, fees and all aspects regarding energy and sustainability.
- Advising the USAID East Africa Trade and Investment Hub on the Support Program on fast-tracking the Implementation of EAC Common Market Protocol.
- Advising Stuart Holdings Limited on the Kisumu Specialist Medical Hospital on a long-term Lease for the establishment of a specialist medical facility and hospital in the Riat Area of Kisumu County.
- Advising the EAC Secretariat on the East Africa Trade and Transport Facilitation Project (EATTF) and review and preparation of Regulations to support the EAC Vehicle Load Control Act, 2013.
- Property Development
- Public Procurement
- Regional Trade & Investment
- Aviation Industry Related Disputes
- Banking, Regulatory & Finance Disputes
- Commercial Disputes
- Competition Disputes
- Contractual Disputes
- Employment Disputes
- Energy, Transport & Infrastructure Disputes
- Financial Regulatory Disputes
- Real Estate Disputes
- Regulatory Compliance Disputes
- Restructuring & Insolvency Disputes
- Tax Related Disputes
- Technology, Telecommunication & Intellectual Property Disputes