Players in the extractives, energy and infrastructure sectors around the world have for a long time been required to ensure that they run sustainable businesses in order to attract funding from prospective investors. ESG assessments have been a prominent tool for investors and financiers in these sectors, with project companies and their sponsors being required to be good stewards of the environment and to have the social buy in of the project affected communities. This focus on ESG is not surprising, given the long-term and capital-intensive nature of infrastructure projects. More importantly, these projects heavily affect natural resources and surrounding communities and therefore the standard of caution by investors has to be many notches higher. As the adage goes, with great power comes great responsibility.
Jane Nduati has been involved in cross-border transactions in the energy, infrastructure and public-private partnerships (PPP) fields.
Her experience includes, carrying out legal audits and compliance checks, drafting and preparation of agreements particularly power purchase agreements and PPP transaction documents.
As part of the Projects team at IKM, Jane advises various clients including, commercial lenders, development finance institutions (DFIs), project sponsors, developers and contracting authorities.
Experience has included advising:
- As a team member, an insurer in the infrastructure sector that was securing a road construction project in Kenya through a PPP model
- As a team member, lenders investing in a 50 MW solar power project in Kenya
- As a team member, lenders in the energy sector that is undertaking a 40 MW wind power project in Kenya
- As a team member, a project developer of wind power projects in Kajiado County, Kenya
- As a team member, the lenders to a proposed 40 MW solar power project in the Malindi, Kenya
- As a team member, a developer of two, 40 MW solar power projects in Uasin Gishu County, Kenya
- As a team member, a project developer in a PPP healthcare project in Makueni, Kenya
- As a team member, lenders in a debt restructuring of an insolvent borrower
- Advocate admitted to the High Court of Kenya (2019)
- Kenya School of Law, Diploma in Law (2018)
- University of Nairobi, Bachelor of Laws LL.B. (2016)
- 2019 to date, Associate, IKM, DLA Piper Africa member firm in Kenya
- 2018 to 2019, Pupil, IKM, DLA Piper Africa member firm in Kenya
- 2016 to 2017, Intern, IKM, DLA Piper Africa member firm in Kenya
- Member of the Law Society of Kenya
In November 2020, the Energy and Petroleum Regulatory Authority (EPRA) approved an increase in electricity tariffs for consumers. It is no secret that high costs of power coupled with occasional reliability issues have forced some of the large industrial consumers, who account for approximately 54.8 percent of Kenya Power’s sales revenues, back to the drawing board in a bid to find a sustainable, affordable and reliable solution for their energy needs.
An analysis of some of the pertinent land issues that affect investors in energy infrastructure projects in Kenya.