Could carbon projects be like that puffy 'mandazi' that you bite into and discover that it was a pocket of air? This is arguably the case, for some communities in Kenya whose high hopes for carbon credits have been dashed.
Our finance and projects lawyers advise on all aspects of financing. We share knowledge and skills in deals involving: lending and borrowing, debt securities, derivatives, funds, portfolios as well as energy, infrastructure, transport matters and other projects.
IKM’s Finance practice, headed by Anne Kinyanjui, has vast experience and industry insight in the specialist areas of finance, enabling us to advise clients from diverse business sectors. Our lawyers act for over 20 commercial banks, a number of which are the top-tier financial institutions in Kenya.
IKM’s Projects practice, headed by Beatrice Nyabira, has substantial experience across a diverse band of undertakings that include public-private partnerships (PPPs), energy (geothermal, hydropower, wind, solar and coal), and social infrastructure (health, housing and transport). Our knowledge base from working with clients across the public and private sectors means that we have a comprehensive understanding of each of the stakeholder’s concerns and are able to structure transactions in a manner that specifically addresses their needs.
Experience has included advising:
- OPIC jointly with DLA Piper, in connection with facilities to be granted to Acorn Holdings Limited which is a leading real estate developer in Kenya for financing 10 mixed-use development projects.
- Stanbic Bank Kenya Limited in a transaction involving real estate financing.
- A top-tier commercial bank in Kenya in the financing of a used aircraft which required a high degree of due diligence over the aircraft and security documentation proceedings.
- East African Breweries Limited as the borrower in connection with the financing of its new brewery in Kisumu.
- Radiant Energy Limited on the financing of two 40 MW solar power projects.
- CDC Group Plc, the lenders, on the financing of a 40 MW solar project in Malindi, Kenya.
- The Kenyan government on the USD500 million procurement of medical equipment for 94 hospitals in all 47 counties in Kenya through a managed equipment services arrangement.
- The sponsors of a USD1.8 billion energy project on the development of a 100 MW wind power plant in Kajiado, Kenya.
- A client in connection with its proposed investments in Mombasa port, Lamu port and the new Lamu industrial city.
- A consortium of investors in connection with a proposed primary healthcare project to be piloted in Makueni County before being scaled-up to all 47 counties in the country using a privately-initiated investment proposal model.
- Ranked Band 1 in Banking & Finance (Chambers & Partners 2022- 2024)
- Ranked Tier 1 in Banking & Finance and Capital Markets (The Legal 500 2019- 2024)
- Ranked in Projects & Energy (Chambers & Partners 2018 -2024)
- Ranked Tier 1 in Capital Markets (IFLR1000 2022- 2024)
- Ranked Tier 1 in Projects & Privatization (The Legal 500 2019- 2024)
- Ranked Tier 1 in Finance & Corporate (IFLR1000 2019- 2023)
- Ranked in Projects Development (IFLR1000 2018- 2024)
Kenya is no stranger to carbon trading. In fact, the Berkeley Carbon Trading Project Voluntary Registry Offsets database ranked Kenya as the second-largest issuer of voluntary carbon market credits in Africa in 2022, trailing the Democratic Republic of Congo.
Globally, climate change is recognized as one of the most serious threats to humanity. The Paris Agreement, which was a global response to climate change, recognizes the need for adequate funds to finance the reduction of greenhouse gas (GHG) emissions and climate-resilient development. Dubbed ‘transition finance’, the funding needed for the transition to a low-carbon sustainable future is fundamental to the fight against climate change.
Today, businesses are compelled to prioritize ESG in their commercial and investment strategies. Stakeholders, including investors, customers, employees, and regulators, expect responsible and sustainable operations and that organizations develop a clear blueprint for achieving ESG objectives. Boards recognize the benefits of integrating ESG into their decision-making as an organization’s social license may depend on it.
After two decades, the Investment Promotion Act is due for an overhaul and the Investment Promotion and Facilitation Bill 2023 is the result. The Bill has been the subject of debate as we assess whether it goes far enough to attract impactful investments while shielding us from bandits masquerading as legit investors.