Energy and Infrastructure Law
Project Certainty Assured: Navigating the Energy Act and Mastering FIDIC Contracting Standards.
Kenya’s major projects in energy and infrastructure demand legal expertise that spans local regulatory adherence and international contractual standards. Our firm protects client interests by ensuring seamless compliance with the Energy Act, 2019, while mitigating risk using globally recognized contracting frameworks.
Key Aspects of Our Project & Regulatory Practice:
| Focus Area | Our Expertise and Global Integration |
| International Contractual Standards | We specialize in adapting and negotiating contracts based on international frameworks, notably the FIDIC Conditions of Contract (e.g., Red Book, Yellow Book). This ensures consistency, clear risk allocation, and ease of transaction for international lenders and contractors. |
| Local Regulatory Compliance | We guide clients on compliance with the Energy Act, 2019 and represent them before the Energy and Petroleum Regulatory Authority (EPRA) and the Energy and Petroleum Tribunal (EPT). Our counsel covers licensing, project permits, and regulatory appeals. |
| Project Structuring & Finance | We draft and review all necessary project documentation, including Service Level Agreements (SLAs) and Joint Venture Agreements. We ensure that the finance and security instruments align with the underlying construction contracts. |
| Mining & Prospecting Law | Our service extends to legal guidance and contract drafting for resource extraction within this sector, ensuring compliance with both local and environmental laws. |
Our Value Proposition: Integrated Legal Certainty
We minimize risk by translating complex local regulations into a clear contractual language understood by international project stakeholders.
Need Help? Common Energy & Infrastructure Inquiries
- What role does a lawyer play in FIDIC contracts?
- Ans: We advise the Employer on adopting the correct FIDIC suite, draft the necessary Particular Conditions to customize the contract to Kenyan law, and provide legal oversight during negotiation to ensure fair risk transfer.
- Do you represent clients before the Energy and Petroleum Tribunal?
- Ans: Yes. We handle disputes and appeals against regulatory decisions made by EPRA, ensuring our clients’ interests are protected within the specialized tribunal framework.
- Can you assist with a Public-Private Partnership (PPP) in this sector?
- Ans: Absolutely. We leverage our expertise in the Public Private Partnerships Act, 2021 to structure, negotiate, and manage the long-term project agreements required for large-scale energy and infrastructure deals.