The just ended year 2020 saw Kenya negotiate some high-profile trade agreements with its major trading partners including the United Kingdom and United States of America (USA). While the trade deal with the United Kingdom was recently concluded, negotiations on the Free Trade Agreement with the USA are still ongoing.
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
Energy and infrastructure projects have for the longest time attracted the attention of ESG (environmental, social and governance) regulators and watchdogs. More recently however, ESG concepts have gained prominence in almost all other sectors of the global economy as boardrooms all over the world move to integrate ESG principles and metrics in their decision making.
In recent years, the media has been smattered with reports of companies in deep financial distress. Prominent among them are major leaguers such as Nakumatt Holdings, ARM Cement and more recently, Mumias Sugar Company. As observers collectively ponder what went wrong with these companies, market players are keenly watching to see if the provisions of the Insolvency Act, 2015 can help to put the situation right, keeping in mind that there may be many more casualties in the pipeline as a result of the COVID-19 pandemic.
In its 2019 ‘Africa Energy Outlook’, the International Energy Agency projects that Africa’s urban population will increase by more than half a billion people by 2040.
The Kenya Transport and Logistics Network (KTLN) was recently established by the President, through an Executive Order. KTLN is meant to enhance efficiency and coordination in the transport sector through fortifying public private dialogue and leveraging on the efficiencies and synergies of the relevant state agencies. It is hoped that through KTLN, the country will be able to achieve its strategic agenda of becoming a regional logistics hub.