Having followed with great interest the ongoing debate on the power sector, fuelled by the thought-provoking articles written by Edward Njoroge and Jaindi Kisero recently, we would like to join the fray with some points to ponder.
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
- Advocate admitted to the High Court of Kenya (2005)
- Kenya School of Law, Diploma in Law (2005)
University of Nairobi, Bachelor of Laws LL.B. (2003)
- Ranked by Chambers Global
- Ranked by IFLR 1000
- 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
- Member of the Law Society of Kenya
- Member of Chartered Institute of Arbitrators
- Tribunal member of the PPP Petition Committee
The private sector undeniably plays a key role in contributing towards the attainment of Kenya’s developmental objectives. In fact, Vision 2030 pays particular cognisance to the need for strong partnerships between the Government and private sector, if the country is to achieve its developmental goals. The Big Four Agenda which is made up of the resource thirsty priority areas of manufacturing, affordable housing, food security and universal healthcare, will also rely heavily on private sector resources for its success.
Force Majeure was one of the biggest concepts up for discussion in 2020. In 2021, the term ‘corporate PPA’ is earning its pride of place as one of the new buzz words for the power and energy sectors in the region, with sector players critically looking at how these types of arrangements can be used to address some of the cost and supply challenges facing the region.
Globally, analysts agree that investments in the infrastructure sector will play a big role in the post pandemic recovery efforts due to their multiplier effect.