Mining & Prospecting Law
Energy, Infrastructure, Mining & Prospecting Law: Powering Development
Kenya’s economic growth is driven by major projects in energy and infrastructure. This sector is heavily regulated, requiring specialized legal expertise to navigate regulatory bodies, secure financing, and manage complex contractual risks. At H.M. Mudeizi & Co. Advocates, we protect our clients’ interests in these high-value sectors, ensuring compliance and maximizing viability.
Our Expertise Across the Value Chain:
We provide comprehensive legal support covering regulatory, contractual, and dispute resolution aspects:
- Energy Sector Compliance: We guide clients on compliance with the Energy Act, 2019, which governs the production, supply, and use of energy. This includes securing essential licenses from the Energy and Petroleum Regulatory Authority (EPRA) and representing clients in appeals before the Energy and Petroleum Tribunal (EPT).
- Infrastructure Project Structuring: We offer end-to-end legal support for large infrastructure and real estate developments, including drafting and negotiating complex agreements. Our expertise includes working with standard forms like the FIDIC Conditions of Contract for Construction (The Red Book, 1st Edition), and structuring service level agreements for consultants and project managers.
- Mining & Prospecting Law: We provide legal guidance and draft contracts related to mineral exploration and extraction. Our focus is on ensuring compliance with mining regulations and securing the necessary permits for prospecting and commercial utilization.
- Public-Private Partnerships (PPP): We specialize in drafting PPP agreements and advising clients on government procurement and bidding processes. This ensures clients can successfully engage with public sector authorities on long-term project agreements.
Our Value Proposition: Managing High-Stakes Projects
| Commitment | Our Approach |
| Regulatory Mastery | We translate complex regulatory requirements (Energy Act, 2019, sectoral regulations) into clear, actionable legal strategies, ensuring continuous compliance. |
| Contractual Assurance | We mitigate project risk by employing international best practices, such as adapting and negotiating FIDIC and other customized engineering contracts. |
| Project Transaction Focus | We leverage our M&A and corporate expertise to handle the legal aspects of project financing, joint ventures, and company acquisition related to energy and mining assets. |
Need Help? Common Infrastructure & Energy Inquiries
- What regulatory approvals do I need to start a renewable energy project?
- Ans: Approvals are required from EPRA for licensing and generation, and from the National Environmental Management Authority (NEMA) for environmental compliance. We guide you through both processes.
- Do you handle disputes related to project contracts?
- Ans: Yes. We handle disputes arising from construction and supply contracts, often advocating for efficient resolution through arbitration or mediation to keep the project moving forward.
- What is the role of FIDIC contracts in Kenyan infrastructure?
- Ans: FIDIC (International Federation of Consulting Engineers) contracts are standard international forms. We adapt these to ensure they comply with Kenyan law while retaining the necessary framework for large-scale engineering and construction projects.
- Can you assist with due diligence for acquiring a mining license holder?
- Ans: Absolutely. We conduct meticulous legal due diligence on the target company, verifying the validity and transferability of their mining, prospecting, and operational licenses.