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.
Judy has experience in supporting public and private sector players regarding energy and natural resource projects including reviewing agreements for geothermal and wind power projects, providing legal opinions and supporting legal reform initiatives.
Judy also has experience in restructuring and she has advised several large lenders including a European DFI and leading local banks regarding debt recovery in respect of a large local manufacturer.
Judy has also advised companies across several African countries on the legal and tax implications of their transactions and projects. Judy’s clients cut across various sectors including oil & gas, aviation, power, healthcare, real estate and consulting sectors.
Experience has included advising:
- On power project agreements in Kenya including hydro power projects, a 50MW wind power project and a 70MW geothermal power plant.
- On reforms to the Mining Code of an Eastern African country and presenting proposals in a Kenyan Mining round table event attended by senior government officials.
- EPC contractors on specific aspects of agreements in respect of projects with the Kenya Airports Authority and the Kenya National Highways Authority.
- On the structure of a large hotel and urban retail developer.
- A large manufacturer and a multinational energy producer on export processing zones and special economic zones.
- On restructuring and debt recovery for local and international secured lenders to a large manufacturing concern in Kenya.
- A global aviation sector player on approval processes and requirements.
- Fellow of the Association of Chartered Certified Accountants (ACCA), 2012
- University of Warwick, LL.M (International Economic Law), 2002
- Keele University, LL.B (Law and Management Science), 2004
- Cornell University, Certificate in Business Strategy, 2015
Prior Experience (Optional)
- 2019 to date, Director, Projects, Energy & Infrastructure, IKM Advocates, DLA Piper Africa in Kenya
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.
“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.
Having concluded in Part 1 of this two part series, that the power sector challenges are like a tangled ball of wool, allow us to pick some threads out and take a closer look at some of the pieces of the puzzle.
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.