Kenya’s growth hinges on energy and infrastructure development. Our firm specializes in protecting client interests within this heavily regulated sector, particularly concerning the Energy Act, 2019 and the complex contractual frameworks used internationally.
Navigating the Regulatory and Contractual Landscape:
- Compliance with the Energy Act, 2019: The new Energy Act, 2019 consolidated and updated the laws governing the production, supply, and use of energy. We provide counsel on licensing requirements from the Energy and Petroleum Regulatory Authority (EPRA), promote compliance with renewable energy standards, and manage regulatory appeals before the Energy and Petroleum Tribunal (EPT).
- Contract Drafting and Negotiation: Our project lawyers are adept at handling international standard forms of contract common in large-scale infrastructure. For projects where the employer is responsible for design (e.g., the KES 3.5 Billion project we handled), we recommend and adapt the FIDIC Conditions of Contract for Construction (The Red Book, 1st Edition [1999]). We draft bespoke documents, including:
- Main Contracts (e.g., FIDIC adaptations).
- Service Level Agreements (SLAs) for Consulting Engineers and Project Managers.
- Joint Venture and Consortium Agreements required for large bids.
- Risk Mitigation and Dispute Resolution: Given the high stakes, we structure contracts to clearly define risk allocation and provide robust dispute resolution clauses, favoring arbitration or expert determination before resorting to court litigation.
From securing regulatory permits to negotiating multi-million dollar contracts, we ensure your rights are protected under the dynamic framework of Kenyan Energy and Infrastructure Law.