
McKay’s Infrastructure and Projects practice have considerable expertise and experience in advising government and private entities seeking partnerships in public infrastructure projects in the health, transport, renewable energy, oil & gas and telecommunication sectors.
We advise our clients throughout the PPP cycle from inception, due diligence, regulatory approvals to successful commercial close. We are well regarded for our expertise in advising independent power producers, project developers, investors, financial institutions and other key players in the renewable energy industry in off-grid and grid-connected solar, geothermal, wind and small hydro projects. In addition, our lawyers have advised oil marketing companies, drilling and service companies in the oilfield sector on all aspects of the complex importation, exportation process of petroleum products.
Experience Highlights
- Advised a Hong Kong-registered multinational company with interests in the energy sector on an Engineering, Procurement & Construction (EPC) contract for the development of a 35MW geothermal modular power plant with the EPC contractors.
- Advised a large company operating in the highly regulated medical sector in its intended acquisition of land worth approximately USD. 6 Million in the larger Tatu City, a live-work-play development with special economic zone status, and the first of its kind in the East Africa region.
- Some of the McKay team members were in the team that advised the Government of Kenya through the Privatization Commission on the proposed privatization of five (5) public sugar companies within the western region of Kenya.
- Advised landowners within Kajiado County in relation to the compulsory acquisition of their land by the Government for the Standard Gauge Railway (SGR), resulting in compensation of approximately KES. 3.6 Billion.
- Advising and partnering with a Norwegian based investment support company in relation to its business incubation business, investments and acquisitions of startups in the technology and renewable energy sectors in Kenya.
- Acted as the lead advisor to an international corporation on its proposed implementation of a 300 MW coal-fired power plant in a proposed public-private partnership (PPP) with Kenya Electricity Generating Company (KENGEN) which is the entity of the Government of Kenya responsible for energy generation in Kenya.
- Acted as lead legal advisor to a private entity in its bid for PPP lots under the Government of Kenya’s 10,000KMs roads annuity program.
- Some of the members of McKay were 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.
- Some of the members of McKay were of the legal team that provided legal advisory services to a Chinese party that was the private party which was seeking to establish a 20-year wind power project in Marsabit County, Kenya, modelled as a private-public partnership with the County Government of Marsabit; estimated to produce approximately 300 MW of wind power once it became operational, under the Feed-In-Tariff-System FiT in accordance with Kenya’s FiT policy.
- Some of the members of McKay were part of the legal team that was advising a global diversified merchant and client solutions provider in the commodities space covering a range of agricultural, industrial, and energy products in a one-of-a-kind oil products sale and re-purchase transaction between the company and a Kenyan state corporation which imports oil products into Kenya through the open tender system (OTS)