Our Partners have been involved in much of the development of the Infrastructure, Energy and Mining sector in Kenya. With the ever-growing demand for robust infrastructure and with Kenya being at the precipice of transitioning to an oil producing state, the infrastructure, energy and mining sector continues to create exciting opportunity as well as legal and commercial challenges that require bold and creative solutions.
Our team has a thorough working knowledge of the industry as most of them have the requisite expertise and have been key players in various national and cross-border transactions, thereby acquiring knowledge of the brimming potential for the industry development.
We have advised on: transactions relating to project development; Mergers & Acquisitions; the introduction of independent power producers into the Kenyan Energy sector; oil, mineral and precious stone exploration and mining operations in the country; funding options; and the Kenyan legislation relating thereto, namely the Mining Act, the Electric Power Act and the Petroleum (Exploration and Production) Act.
Our lawyers have been involved in the following sector developments:
- Titanium ore exploration
- Gold exploration and mining
- On Shore and Off shore Oil Exploration and Drilling
- Establishment of operations of Independent Power Producers and the drafting and reviewing of power production agreements with the Government of Kenya
In association with our practice in Environmental Law and Tax Law, we are better able to guide our sector clients through the Environmental Law and regulatory issues affecting their exploration and mining operations as well as the tax implications, custom regulations, realisable benefits and exemptions that accrue to the industry.
Indicative Work Experience
- Acting for Gulf Energy Limited in its successful bid to construct and operate an 80MW heavy fuel oil powered power station including all negotiations with the Kenya Power and Lighting Company in respect of the Power Purchase Agreement and associated Agreements.
- Advising Kinangop Wind Park Limited (BVI) in its successful bid to construct and operate a 60.8MW wind park in Kinangop, Nyandarua County including all negotiations with the Kenya Power and Lighting Company in respect of the Power Purchase Agreement, negotiations with the Energy Regulatory Commission on the Generation License and associated project and finance agreements.
- Acting for Winafrique Technologies Limited in connection with its proposed participation in a mini-hydro-electric power generating project in partnership with a foreign investor and a local municipal authority.
- Acting for a multi-national industrial group with regard to setting up of a 40MW Solar Energy power project in Kenya, including negotiations with the Kenya Power and Lighting Company in respect of the Power Purchase Agreement as well as drafting and reviewing the associated transaction documents.
- Acting for a multi-national industrial group with regard to setting up of a Wind Energy power project in Kenya, including negotiations on a Joint Development Agreement and Share Purchase Agreement with the Local SPV as well as advising on the applicable permits and licensing regulations.
- Acting for Woodside Petroleum, one of the world’s largest natural gas exploration and exploitation companies, with respect to the establishment and operations of its off shore deep water gas and oil exploration activities in one block in Kenya, as well as advising in relation to its entering into a Production Sharing Contract with the Government of Kenya and all operational activities of what was the first off shore exploration operation in Kenya and first exploration operations in Kenya for many years.
- Acting for Swiss-Oil International Holdings Limited, an oil and gas exploration company, with respect to the establishment and operations of two wholly owned Kenyan subsidiary companies in connection with its exploration activities in two blocks in Kenya and entering into Production Sharing Contracts with the Government of Kenya.
- Acting for Wildcat Petroleum Partners, an oil exploration company, with respect to the establishment and operations of a wholly owned subsidiary company in Kenya in connection with its oil exploration activities in one block in Kenya as well as its entering into a Production Sharing Contract with the Government of Kenya.
- Acting for Centric Energy Incorporated, an oil exploration company, with respect to the establishment and operations of a Kenyan subsidiary in connection with its proposed oil exploration activities in one block in Kenya as well as its entering into a Production Sharing Contract with the Government of Kenya.
- Establishment of operations of various oil exploration companies such as SOHI Gas Lamu Limited, SOHI Gas Dodori Limited, Flow Energy Limited and Dynamic Global Kenya Limited.