Energy Law Consulting Group

Energy

Energy-Law-LOGO

Energy is a key component the of sustainable development of any economy. Energy drives industries which produce consumable and other life support products,; it mobilizes the labour for product and service production and delivery; it operates various utility infrastructure all without which life would be deplorable. Energy Accordingly thereforeAccordingly therefore it is is therefore a basic commodity not only in industries but also the in domestic environment. Its generation, storage, supply, distribution and, sale and use isuse is subject to both policy and legislative regulationlegislative regulations. The Energy energy sector is also capital intensive and many does involve different stakeholders. are affected by them. To this end Investors investors in the sector rely heavily onheavily on well informed financial and legal advisories. Generally, services in the energy sector include legal compliance, policy requirements as well as property transactions.

OUR SERVICES

To fulfill our clients’ needs, we offer a comprehensive service whose scope includes advisories on:

  • Optimal structure of the project finance;
  • Access to international capital markets;
  • Ways to minimize delays caused by lawsuitsInterventions that minimize exposure to litigation;
  • Negotiation supportsSupport andSupport and adivisoryadvisory services in acquisition to get land and related proprietary access rights., etc.

Below are is a briefa brief explanations of our service areas under Energy Law Consulting Group:

Formation of Energy Companies

We advice and act for investors in incorporation of energy companies and restructuring of energy companies, including Corporate Governance restructuring, capital restructuring, as well as mergers and acquisition transactions . We undertake also offer various essential corporate functions and or services including due diligence on potential partners and stakeholders.

Structure of the Project Finance

We advice on optimal project finance for energy and power projects. These include advising on options such as: joint ventures; public private partnerships; creation of securities such as fixed charges over properties where the project is located; assignment of principal project contracts; floating charge over the project company; security interests over project accounts; establishment of credit worthiness of project stakeholders including sponsors, off takers, suppliers, insurers, contractors and guarantors.

Licensing

We advice on licensing aspects of energy projects establishment, including obtaining relevant licenses, and permits from Government authorities.

Tax Incentives

We advice on fiscal incentives such as tax credits, structuring of energy sector operations in order to save on tax, including exploring tax opportunities available in other jurisdictions, as well as tax implications on production, manufacturer, distribution and sale of energy.

Contract Negotiations, Preparation, Review and Management

Our experience in participating and observing energy contracts negotiation over the years has enabled us to provide tailor-made contract services. We also acts foract for clients in contract enforcement, commercial contract drafting, contract review, etc.

Employment Matters

Our advocates are well informed of the of risks the risks and opportunities available in the energy sector. We advice on optimal employment terms for all the parties concerned pursuant to the applicable employment laws.

Regulatory Law

We advice on legal compliance with a deep and relevant appreciation of the following laws :issues applicable to the energy sector arising from amount others: Constitution of Kenya, 2010; Energy Act, 2006; Geothermal Resources Act No. 12, enacted in 1982; The Petroleum (Exploration and Production) Act, Chapter 308; Petroleum Development Fund Act; Standards Act, Chapter 496; Environmental Management and Co-ordination Act, 1999; Local Government Act, Chapter 265; Physical Planning Act, Chapter 286; Weights and Measures Act, Chapter 513; Public Procurement and Disposal Act No. 3 of 2005; Anti-Corruption and Economic Crimes Act No. 3 of 2003; Ethics and Anti-Corruption Commission Act No. 22 of 2011; Public Officer Ethics Act No. 4 of 2003; Land Act, 2012; Land Registration Act, 2012; National Land Commission Act, 2012; Commission of Revenue Allocation Act, 2012; Environment and Land Court Act No. 19 of 2011; Urban Areas and Cities Act No. 13 of 2011; National Government Loans Guarantee Act No. 18 of 2011; Consumer Protection Act; National Construction Authority Act; County Government Act; National Energy Policy 2012; and Sessional Paper No. 4 of 2004 on Energy, etc. We also conduct legal compliance audits for state corporations as well as private companies to ensure adherence to applicable laws whose non-compliance therewith may result in serious adverse implications on the Clients’ businesses.

Policy Development

Efficiency and efficacy present major challenges for integrating mitigation and adaptation into energy and development policy. To leave a sustainable world for our future generations, the current generation must rapidly shift to a new developmental path that could bring prosperity and safety in the low-carbon economy.

Our energy law practice members display an outstanding array of expertise, working with governments and non-governmental organizations, international agencies, renewable energy industries, insurance and finance financial enterprises. Our legal experts, economists and policy advisors have contributed to Kenya’s Renewable Energy Law making process, Kenya’s policy and actions to address climate change. We provide a wide range of policy consultancy services.

  • Advising of national, regional and international energy policy design and strategy implementation;
  • Lobbying for renewable energy industries and green industries;
  • Development of energy policies including national energy policies. For instance, we have participated in the development of the current National Energy Policy through review of the same and making recommendations thereto.
Legislation

We undertake review, development and drafting of energy sector legislation, and recommend areas for complete overhaul, amendments and or development of new legislation and or regulations.

Select recent experiences of our Advocates include:

  • Review of relevant policies and laws of Kenya to determine their suitability to support all processes leading to the safe generation electricity in the country;
  • Review of relevant international laws on peaceful use of all forms of energy including conventions, protocols, and internationally recommended standards;
  • Making specific recommendations for (a) the amendment of existing laws, repeal of existing laws and/or development of new national energy laws and (b) domestication of international energy laws, regulations and guidelines, including proposals for ratification of, or accession to existing international energy agreements;
  • Initiating the process of repeal and amendment of existing laws to allow entrenchment of energy laws in Kenya; and
  • Drafting necessary energy policy and law(s) for consideration and passage by the National assemblyAssembly.
Property and Conveyancing

Our group in liaison with our property and projects practice advises and acts for clients in all matters concerning acquisition of property including: conducting due diligence on properties before sale or acquisition, change of user applications, extension of leases, payments of rents and rates where applicable among other services., etc.

Intellectual Property

Energy Sector involves extensive investment in research and development, technology development and transfers, etc. It’s critical that these interests be protected through formal registration. Accordingly, we advise on law and requirements for registration of trademarks, patents, industrial designs, etc. We also undertake actual registration, renewal, assignment, licensing, etc. It is also noteworthy that IP rights are currently under consideration as security for lending.

Capital Markets

Our group will advice act and act for in respect of capital market transactions whether as a private investor or as a listed company.

Arbitration and Litigation Practice

Energy Consulting Group coordinates all litigation matters affecting our clients in the energy sector with a view to customizing such services to issues peculiar to energy sector stakeholders.

Trainings

We conduct training on regular basis on both implications of actual and proposed legislation effecting energy and power sector as well as legal compliance obligations which energy sector players must comply with. Our trainings also cover all other legal issues for which energy sector stakeholders must adhere to.

KEY STAKEHOLDERS IN THE ENERGY SECTOR

The following are the prominent energy sector stakeholders in Kenya: Ministry of Energy; Kenya Electricity Generating Company (KenGen); The Kenya Power and Lighting Company; Kenya Transmission Company (KETRACO); Kenya Pipeline Company (KPC) Limited; Kenya Petroleum Refineries Limited (KPRL) Energy Regulatory Commission (ERC); Rural Electrification Authority (REA); Geothermal Development Company; Energy Tribunal; The Nuclear Electricity Project Committee (NEPC); and National Environmental Management Authority (NEMA).