Kenya is no stranger to carbon trading. In fact, the Berkeley Carbon Trading Project Voluntary Registry Offsets database ranked Kenya as the second-largest issuer of voluntary carbon market credits in Africa in 2022, trailing the Democratic Republic of Congo.
Beatrice Nyabira is the Partner in charge of the Projects and Infrastructure practice at IKM. She specializes in energy, infrastructure, public-private partnerships (PPPs), public procurement and government contracting. Some of the mandates in which Beatrice has been involved include: a solid waste PPP project, a geothermal power project, a coal-fired power project, several solar photovoltaic projects, two wind power projects, construction of a bridge through a PPP and the procurement of medical equipment under a managed equipment services (MES) arrangement.
Beatrice’s clients include, commercial lenders, development finance institutions (DFIs), project sponsors and developers and contracting authorities.
The Chambers Global legal guide has reported that she is: “one of the star lawyers in the energy space” and “one of the people to watch due to her high energy and exceptional attention to detail.” It also reported that: "she has exceptional technical knowledge, especially in projects.” The guide has recognized Beatrice over the past few years as one of the outstanding commercial lawyers in Kenya.
Experience has included advising:
- Lenders in a 40 MW solar power project being developed in Kesses, Kenya
- Lenders in a 50 MW wind power project being developed in Kajiado, Kenya
- Senior lenders on the development and construction of a 140 MW geothermal power plant and related facilities in the Rift Valley region in Kenya, and the sale of capacity and energy to the Kenya Power and Lighting Company
- A developer of a 100 MW wind farm located in the Kajiado County in Kenya
- Developers of small-scale, off-grid wind hybrid power plant in Kenya
- A consortium of investors in respect of a proposed primary healthcare project, which will be piloted in Makueni County before being scaled up to all 47 counties in the country
- The providers of equity and mezzanine debt for initial contractors who will be constructing roads assigned in lots under the Kenya Ministry of Transport & Infrastructure’s Roads 10,000 Program, for the development of a total of 10,000 km of roads (phase one being for 2,000 km)
- A potential developer on the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) corridor project; an economic corridor that will foster regional socio-economic development in Kenya, Ethiopia and South Sudan, comprising a port, oil refinery, highway and railway construction
- A state corporation on a bridge PPP, being one of the Kenya National Treasury’s priority PPP projects
- World Bank on a PPP options study for accelerated and sustainable non-revenue water reduction for Nairobi and Mombasa Counties
- An international oil and gas exploration and development company on its rights under a production sharing contract with the Kenyan government for the acquisition of onshore exploration blocks
Professional Qualifications
- Advocate admitted to the High Court of Kenya (2005)
Education
- Kenya School of Law, Diploma in Law (2005)
University of Nairobi, Bachelor of Laws LL.B. (2003)
Recognition
- Ranked by Chambers Global
- Ranked by IFLR 1000
Prior Experience
- 2011 to date, Partner, IKM, DLA Piper Africa member firm in Kenya
- 2008 to 2010, Senior Associate, IKM, DLA Piper Africa member firm in Kenya
- 2005 to 2008, Associate, IKM, DLA Piper Africa member firm in Kenya
- 2003 to 2004, Pupil, IKM, DLA Piper Africa member firm in Kenya
Memberships
- Member of the Law Society of Kenya
- Member of Chartered Institute of Arbitrators
- Tribunal member of the PPP Petition Committee
Globally, climate change is recognized as one of the most serious threats to humanity. The Paris Agreement, which was a global response to climate change, recognizes the need for adequate funds to finance the reduction of greenhouse gas (GHG) emissions and climate-resilient development. Dubbed ‘transition finance’, the funding needed for the transition to a low-carbon sustainable future is fundamental to the fight against climate change.
Today, businesses are compelled to prioritize ESG in their commercial and investment strategies. Stakeholders, including investors, customers, employees, and regulators, expect responsible and sustainable operations and that organizations develop a clear blueprint for achieving ESG objectives. Boards recognize the benefits of integrating ESG into their decision-making as an organization’s social license may depend on it.
Greenwashing is a serious crime because it creates the illusion that more is being done to combat climate change than is the case, hampering anti-global warming efforts to the detriment of humanity. Unless they are unmasked, the culprits enjoy the reputational and financial rewards of the phony green sheen they have applied to their operations.
In most countries, the government is the largest single buyer of goods and services. As most government purchases invariably need to go through a public procurement process, one cannot understate the role that public procurement plays in spurring the economy.