McKay advises project developers, sponsors, financiers and other key players on all aspects of development of energy and infrastructural projects. We also advise on public-private partnership (PPP) transactions from inception, due diligence, regulatory approvals to commercial close.

 

Our team has negotiated and concluded various project documents, including finance agreements, PPAs, government letters of support, EPC contracts, O&M agreements and so on. We have also acted for oil marketing companies, drilling and service companies in the oil and gas sector.

 

Some of the recent transactions that we have been involved in include:

 

• Solar: advised a large-scale landowner in Kajiado County with respect to his participation in a proposed solar power plant project with a projected throughput of 30MW being developed by a Turkish company with interest in the renewable energy sector;

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• Geothermal: advised a US power engineering and construction firm in conjunction with a consortium comprising a Kenyan-based civil construction company specialising in foundation works, a Chinese construction and engineering conglomerate and a leading Korean power supplier in South Korea, that sought to develop a geothermal energy project with a projected throughput of 35MW for a concession period of 20 years;

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• Geothermal: participated in one of the largest prospective acquisition transactions in Kenya’s geothermal energy sector, a USD. 600 Million transactions in which a leading Italian energy company was seeking to acquire a Kenyan-incorporated company that it holds a geothermal resources license from the Ministry of Energy and Petroleum;

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• Geothermal:  advised a Kenyan offshore and marine engineering firm in the proposed assignment of a drilling contract between a government entity and Hong Kong-based drilling company to the Kenyan company. The contract was for drilling of 15 – 20 wells in the Bogoria Silali geothermal power project and worth approximately USD. 59 Million;

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• Geothermal: advised a large multinational corporation with interests in the energy sector on an Engineering, Procurement & Construction (EPC) contract for the development of a geothermal project in Kenya;

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• Geothermal: acted as legal advisors to a consortium of international companies in their bid for a geothermal power plant under PPP and Public Procurement laws;

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• Coal-fire: acted as the lead advisor to an international corporation on its proposed implementation of a 300 MW coal-fired power plant in a proposed PPP with Kenya’s leading electric power generation company;

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• Solar: part of the team that recently advised a Kenyan solar energy company with its headquarters in India by reviewing the term sheet and in the negotiation of the financing documents in project financing transaction of its kind for its solar power projects in an amount of USD 2,500,000 in which the financing was being provided by an American lender and arranger;

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• Healthcare: advised a leading healthcare services provider in the acquisition of a piece of land in the Tatu City, Kenya’s first operational special economic zone (SEZ), to develop an ultramodern healthcare facility;

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• Wind: advised about 300 landowners in the Kipeto area of Kajiado County in relation to the community’s intended engagements with the owners of a wind power project in the area;

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• Healthcare: advised a medical infrastructure investor with respect to conclusion of a medical oxygen, medical air and medical vacuum plants placement contract with a Kenyan company in the business of supply and delivery of medical gases’ generating plants and related healthcare services and products;

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• Education: advised an education services provider in relation to the conclusion of a joint venture agreement with a strategic investor for the establishment of 2 school campuses in Nairobi and Kitui County;

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• Mining: advised a real estate and infrastructure development company in relation to negotiations and conclusion of a lease in respect of 40 acres for mining purposes. We also concluded a revenue sharing agreement between the company and the lessee.