Many governments are increasing their borrowing to pay for infrastructure and the recent bipartisan US infrastructure bills worth an eye-watering USD3.5 trillion are a case in point.
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 Business Laws (Amendment) (No.2) Act, 2021 received Presidential assent on 30 March 2021 and brought amendments to several statutes into effect, many of which are geared towards improving the ease of doing business in Kenya. One of the affected statutes is the Insolvency Act, 2015 and this article explores the impact of some of the changes on businesses and creditors.
The terms ‘Sustainability’ and ‘ESG or Environmental, Social and Governance’ run the risk of becoming mere buzzwords in today’s green-minded world. Worse still, these terms are often used interchangeably when they do not quite mean the same thing. Sustainability is an umbrella term that encompasses all of an organisation’s efforts to be a responsible steward and includes the three specific ESG pillars that are measurable, as they are data driven.
Countries across the world are increasingly moving towards energy auctions as the preferred method for procuring renewable energy. In fact, according to the International Renewable Energy Agency, the number of countries using energy auctions rose steadily from six in 2005 to sixty seven in 2016. The shift has largely been attributed to the benefits of power auctions, including their ability to assist governments with price discovery, lower costs of power generation and flexibility.
“Gentility of speech is at an end - it stinks, and whoso once inhales the stink can never forget it and can count himself lucky if he lives to remember it.” These were the words used by the City Press newspaper to describe the stench emanating from the River Thames at the peak of the summer of 1858. River Thames had been contaminated by industrial effluent and human waste and the smell emanating from it was so awful, that it was nicknamed the “Great Stink”. The river was declared biologically dead as no living creature could survive in it and it became the epicentre of deadly disease outbreaks such as cholera. The catastrophic situation prompted an immediate overhaul of London’s sewer system and happily, today, river Thames is considered one of the cleanest city rivers in the world, serving as home to many species of fish.