Projects

Our Projects team aims to be at the forefront of providing legal services to key project implementers in Energy, Engineering & Construction, Infrastructure, Transport, Mining & Metals and Public Private Partnerships.

Our experience includes:

  • Advising regional company on the legal and regulatory framework for the implementation of a privately initiated natural gas sales project, including advising on key structuring considerations and the contractual framework.
  • Advised Edgo Energy Limited, oil and gas exploration and production company on the status of the production sharing contract entered by its investment vehicle with the Government of Kenya.
  • Advised Universal Homes FZE, an award winning mixed-use real estate developer in relation to its unincorporated joint venture with North West Quadrant Development Company FZC, a free zone development company registered within the Lekki Free Zone in Lagos State, Nigeria to develop a world-class mixed use (residential, commercial, social and recreational) facility within Alaro City, Nigeria. 
  • Advised lead counsel and Microsoft Corporation on the localisation of an international master construction contract to ensure compliance with Kenyan law.
  • Advising lead counsel and Lamu Isiolo Road Consortium Limited on the proposed privately initiated Public Private Partnership for the design, build, finance, operate, maintain and transfer of the Lamu to Isiolo (via Garissa) Highway.
  • Advised one of the entrepreneurs in a joint venture between local entrepreneurs and Positivo BGH, Argentina-based manufacturer of technological products including notebooks, to construct and operate a surface-mount technology electronic devices assembly plant to is to be operated within a specially designated science and technology park at Dedan Kimathi University of Technology, a public university.
  • Advising Standard Medical Group Kenya Limited, a diversified healthcare service provider in a privately initiated concession transaction that involves a collaboration with Delta Trade Company Sağlik A.Ş, a Turkish-based company that constructs hospitals on turnkey basis and provides technical, maintenance and repair services for medical equipment, to establish a level five hospital on a build-operate-and-transfer basis in Homa Bay County for a period of 30 years. This is the first concession in Kenya relating to the provision of health services.
  • Advised the Kenya National Highways Authority on the feasibility study for its proposed Public Private Partnership for the operation and maintenance of the Nairobi Southern Bypass road. In carrying out the feasibility study we conducted a review of the legal framework, carried out due diligence on the construction and financing contracts and the construction and land acquisition process, proposed amendments to relevant Acts and Regulations and engaged with the PPP Unit, the contracting authority and the Law Reform Commission on proposed legislative amendments.
  • Acted as local counsel for National Oil & Gas Company of Trinidad and Tobago on its shortlisted bid for the PPP Kenya‐Uganda Pipeline Extension Project.  MMAN Advocates conducted a review of the draft project documents and advised the client on all local legal and regulatory issues for consideration in the technical and financial bid.
  • Advising Kenya Electricity Generating Company (KenGen), the country’s largest power producing company, in the construction of a mixed-use development project.  We played a role in the project’s structure implementation, its construction and disposal.  KenGen is also looking to enter into a joint venture with a private enterprise.
  • Advising Safaricom Pension Scheme, one of Kenya’s largest telecom’s pension scheme, in its real estate development, dubbed Crystal Rivers, and which is being put up at a cost of KShs 4 billion.
  • Advised the proposed sponsor of the High Grand Falls Project, a multipurpose dam and 500MW hydropower plant on Tana River in its unsuccessful bid.  MMAN’s role included preparing the initial draft of the concession contract for negotiation with the contracting Government of Kenya agency Tana and Athi River Development Authority, reviewing the a 25 year power purchase agreement with the off-taker (Kenya Power and Lighting Company Limited) and advising on other legal and regulatory matters involving land rights, land resettlement matters, permits and licences, advising on supply contracts, existing EPC arrangements, transmission line erection and operation and maintenance arrangements.
  • Represented Trans Africa Energy Limited, the EPC contractor for the Iraru (1.5MW) small hydropower project in its ultimately successful bid to KTDA Power Company Limited, the independent power producer on the Iraru River, Meru County. MMAN’s role involved preparing the legal documentation related to the bid, including Trans Africa Energy Limited’s consortium agreements with Hydropower International (Pvt) Limited, the FIDIC EPC/Turnkey contract, the FIDIC Plant and Design Build contract for the supply of the turbine and related electrical and mechanical equipment and the security documentation.
  • Advised the sponsor of a project in the wind power sector, on the legal and regulatory aspects of the construction of a proposed 300MW wind power plant.  The scope of the assignment included providing regulatory advice, advising on land and siting considerations, advising and representing sponsors in negotiations with the joint development partner, advising and negotiating both debt and equity financing structures with project financiers, and advising on early development contracts.
  • Advised one of the co-developers of a 35MW geothermal power project situated in Menengai, Kenya, reviewing the joint development agreement between the co-developers, the shareholders agreement and related bid and performance security package to be provided by the client.
  • Advised the EPC contractor of a 40MW solar PV project on its proposed investment in the project including reviewing the terms and conditions of developing the project as a co-developer, advising on the joint development agreement, the corporate structures, the shareholder's agreement and the EPC contract.
  • Advised the client on all aspects of its acquiring a developer’s interest in Bahari Wind Limited, the project company of a 100MW wind power project.
  • Advised Simba Energy Limited in its bid and negotiations of a BOOT contract with Kenya Power for the construction of a 80‐90 MW diesel power plant in Kenya. MMAN’s role included advising the client on the legal and regulatory environment, a review of the power purchase agreement, EPC contract, and contractual negotiations with the Kenya Power board committee, legal and technical teams.
  • Acted as local counsel to Microsoft in the preparation of the FIDIC Short Form Construction Contract, Purchase and Install Contract (based on the FIDIC Short Form Construction Contract) and a Professional Services Agreement (based on FIDIC’s Client/Consultant Model Services Agreement) for use in Kenya.
  • Advised lead counsel and Microsoft Corporation on the localisation of FIDIC Short Form Construction Contract, Purchase and Install Contract (based on the FIDIC Short Form Construction Contract) and a Professional Services Agreement (based on FIDIC’s Client/Consultant Model Services Agreement) for use in Kenya.
  • Advised Redis Civicon Limited one of the sub-contractors involved in the construction of a concentrator and mineral separation plant in Kwale, Kenya.  MMAN’s role involved reviewing the construction sub‐contracts and the security documentation.
  • Advised a sub‐contractor in reviewing a preliminary works agreement in respect of the construction of a gas distribution system.
  • Advised engineering firm, TKM Maestro in a turn‐key construction contract and subcontracts for the supply of civil works for sites in Rwanda for TIGO Rwanda S.A., the third mobile operator in Rwanda.
  • Advised a local architect in the preparation of a Settlement Agreement and a Professional Services Agreement (based on FIDIC’s Client/Consultant Model Services Agreement) in relation to architectural services for a 106 residential suites construction project.

Please contact Waringa Njonjo – Partner and Head of Projects for for more information on our Projects practice.

wnjonjo@mman.co.ke





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