Infrastructure, Projects and PPP

Overview

Kenya is going through a boom in infrastructure development. This scramble is attributed to the
promulgation of our constitution which ushered in the devolved government and oversight on public finance among other fundamentals. The public procurement system took shape over the last decade, highlighted by the enactment of key legislations like the Public Private Partnership Act, 2014 and the Public Procurement & Asset Disposal Act, 2015. State organs and public entities within Kenya are required to comply with either of the 2 laws and respective regulations depending on the preferred source of finance for the procurement of goods, infrastructure or services. Our role has been to advise on the legal framework of project contracts or litigate on procurement processes which may not be fair, equitable, transparent, competitive and cost effective as required by Article 227 of the Constitution of Kenya.

In this aspect, GVA provides Legal assistance and representation as follows:

  • Legal regulatory due diligence on the basis of the project and capacity of the parties to contract,
  • Advice on preparation, structuring and management of PPP contracts throughout the PPP process cycle,
  • Drafting tenders and project contracts,
  • Reviewing PPP agreements and project agreements against all applicable Kenyan laws and regulations,
  • General legal consultancy on the interpretation and enforcement of the public procurement laws and representation of parties before the Public Procurement administrative Review Board,
  • Drafting requests for clarification,
  • Drafting consortium and/or subcontracting agreements, as well as legal assistance for the negotiation, conclusion and execution of these agreements,
  • Drafting proposals for revising the public procurement contracts proposed by the contracting authorities within the tender documentation.

Energy, Oil and Gas

Renewable energy is one of the main drivers of achieving sustainability of our environment. With Kenya continuing to assert its lead position in green energy production on the continent, particularly in geothermal energy, the past decade has seen various legislation and partnerships materialize into numerous massive projects to produce power.

We represent foreign utility/energy companies in their power plant investments in Kenya, as well as Kenyan developers, energy companies in their joint ventures or partnerships with international companies (renewable power projects, thermal power projects, geothermal power projects, etc.). We offer the gamut of legal advisory services for upstream, midstream and downstream components of oil and gas. Our advisory services in the renewable energy segment include hydro, wind power, solar, geothermal, waste-to-energy transactions. The transactions range from mergers and acquisitions, including asset and stock acquisitions, to joint venture or strategic partnership transactions. These transactions involve complex structuring ranging from long term supply agreements, EPC contracts to technology transfer agreements. We are well-versed with the interdependencies between various aspects of complex projects and their effects on the structure and operation of the business venture. Our lawyers bring their in-depth industry knowledge in mitigating various legal and regulatory risks involved in such complex transactions to provide our clients with the best possible legal advice.

GVA offers a full spectrum of legal advice to renewable and non-renewable energy clients, including:

  • Project development
  • Project financing
  • Regulatory Compliance
  • Technology licensing
  • Environmental permits

Should clients become involved in a dispute, appeal arbitration, or regulatory inquiry, GVA has a wealth of experience in navigating these proceedings and resolving the legal issue with minimal impact to business proceedings.
In addition, we offer pre-litigation advice and counseling in relation to contracts, and counsel on compliance obligations under regulatory law.

Recent Transactions

  • Contractual negotiations and representation on behalf of local power company in a wind energy project valued at Eighty Million Dollars.