Energy and Infrastructure
Muhoro and Gitonga has a robust energy practice with particular focus on the electric power generation sector. Our lawyers leverage their experience in the Kenyan power sector to provide on the point of legal advice through the project development cycle. We have advised project sponsors on the following aspects of project development:
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Drafting and negotiating project development/ joint development agreement between project promoters and international investors.
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Land securing including negotiating option and lease agreements with landowners as well as securing the right of way for transmission lines.
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Development of terms of reference for procurement project studies.
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Procurement of various licenses and permits.
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Negotiating power purchase agreements with Kenya Power.
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Negotiating interconnection agreements KETRACO.
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Securing approval of projects by the public-private partnership unit of the national treasury and securing government letters of support.
Recent Experience
Kimani Muhoro
Acting for the promoters of the 7.8MW Mutunguru hydroelectric power project being developed under a unique community development model including incorporation and structuring the governance structure of a community-owned entity, drafting a shareholders’ agreement between the project promoters and the community-owned entity, securing a special use licence from Kenya Forest Service and negotiating a 20-year bankable power purchase agreement with Kenya Power. The advisory services on this project were sponsored by the Sustainable Energy Fund for Africa (SEFA) which is managed by the African Development Bank (AfDB).
Acting for the local promoters of Kaptagat Solar Power Project, a 40MW ground-mounted solar photovoltaic power project being developed in Kaptagat, Uasin Ngishu County, Kenya. Services provided included negotiating a joint development agreement with a German energy development company, drafting and negotiating an option to lease with the landowner, drafting and negotiating a 20-year bankable power purchase agreement with Kenya Power.
Acting for the project sponsor Azania Power Limited in connection with the development of a 40MW ground-mounted solar photovoltaic power project in Rumuruti, Laikipia County including the structuring and negotiating a 20-year bankable power purchase agreement with Kenya Power, securing approval of the project by the public-private partnership unit of the National Treasury and securing a government letter of support for the Project.
Acting for APGL Investment Limited, the sponsors of a 40MW ground-mounted solar photovoltaic power project in Soin, Kericho County and in that respect negotiating a 20-year bankable power purchase agreement with Kenya Power and obtaining approval of the project by the public-private partnership unit of the National Treasury.
Acting for promoters of Gora power project a 40MW ground-mounted solar photovoltaic power project in Mariakani, Kilifi County in all aspects of the development of the project including drafting and negotiating lease agreements for the project land, securing the right of way for the project transmission infrastructure, drafting and negotiating contracts for various project studies, drafting and negotiating a 20-year bankable power purchase agreements with Kenya Power and securing the related government letter of support for the project.
Acting for the Chemelil Green Energy Limited, the local promoters of a 40MW ground-mounted solar photovoltaic power project in Chemelil, Kisumu County and in that respect negotiating a 20-year bankable power purchase agreement with Kenya Power and obtaining approval of the project by the public-private partnership unit of the National Treasury.
KEY CONTACTS
Partner
+254722 640 531
Associate
+254706 863 269
40 Years of Accumulated Practice
Work With Us
Kenya has an abundance of renewable energy resources ranging from wind, solar and hydro; in addition, there are developments in non-traditional renewable energy sources such as biogas and cogeneration.
Kenya is the gateway to East Africa in terms of importation and supply of petroleum products. There vibrant activity in the importation, transportation, storage, handling & retaining of petroleum products and our understanding of the policy, legislative and regulatory environment governing this sector enables us to advise our clients seeking to enter and participate in it.