The energy industry in the East African Region has undergone tremendous transformation in the last 15 years, starting with the privatization and corporatization of the power companies and, most recently, with the discovery of significant deposits oil, gas and geothermal resources in Kenya. This period of transformation of the region’s energy sector has coincided with the emergence of MMC as the legal advisor of choice for stakeholders in the sector.
Until the recent discovery of oil and gas in the East African region, MMC’s advisory services were focused on serving clients involved in the importation, storage and distribution of petroleum products.
MMC’s business has since expanded exponentially into delivering new and innovative services, ranging from policy advocacy, acquisition of concessions, drafting of production sharing agreements, environmental protection, immigration and taxation matters.
MMC has a successful record of accomplishment in the energy sector in which it has paid increasing particular interest in the recent past.
In the energy sector specifically, MMC has represented the owners and developers of electricity projects, wind, solar and geothermal projects in all aspects of conceptualization and development of their projects as well as representing participants in the electric industry before the Energy Regulatory Commission (ERC).
MMC’s broad experience includes navigating the wide array of contracts, statutes and regulations that affect or have the effect of affecting its clients in the energy sector generally.
Energy, oil and gas projectsGeothermal Power
• Geothermal Power Generation in the Rift Valley, Kenya: Advised a major global energy operator in the field of energy generation from renewable sources - with an annual production of 29 TW/h, mainly from water, the sun, wind and the earth’s heat with a USD 600 Million capital investment.
• Geothermal Development Company Limited (GDC): Advised GDC on the largest and the biggest geothermal arrangement in respect of the utilization, operation and maintenance of GDC’s 59 geothermal wells situated in the Olkaria basin with a production capacity of about 280 MW. This is the largest and the biggest geothermal arrangement of this kind in the region.
• Enel Green Power: Provided legal advisory services in the design, development, financing, construction, commissioning, testing, ownership and operationalisation and maintenance of a 140 MW geothermal project in Kenya.
• South Sudan Electricity Company, a state-owned power producer operating a thermal power plant at Juba (Juba Power): Advised the Regional Government of South Sudan in drafting procurement documents in connection with the design, tender, procurement and construction for a 30 MW thermal power plant at Juba, South Sudan as well as the associated electricity distribution network.
• Provision of Legal Advisory Services on the Homa Hills Geothermal Power Project: Advising a Kenyan company in its ongoing negotiations with potential investors intending to invest in the company’s intended implementation of a 70 MW Homa Hills Geothermal Project.
• 160 MW Solar Power Project: Currently advising a Kenyan energy company on all aspects relating to the intended development of a 160 MW Solar Power Project in Nanyuki County, Kenya.
• Astonfield Solesa Solar Kenya Limited: Currently advising an energy company in a project financing transaction, the largest of its kind in the solar energy sector in Kenya, for its solar power projects for an amount of USD 2.5M in which Beyond the Grid Fund LLC is the lender and SunFunder LLC, a Delaware corporation, the Arranger.
• EP Global Energy: Advised on the Kenyan legal and regulatory framework relating to the development, construction and operationalization of a solar related power project and on carbon management including advising on the most appropriate corporate structure under Kenyan law for conducting promotion of independent power business.
• Iber Africa, Independent Power Producer (IPP) structuring: Advised on various PPAs with the Kenya Power and Lighting Company for a 52.5 MW power plant at Embakasi in Phase I, its second 5.25 MW power plant in Embakasi in the project’s Phase II and in advising Union Fenosa during the negotiation, drafting, review and execution of the O&M Agreement between Iber Africa and Union Fenosa for the Embakasi power plant in Phase III.
• 300 MWs Wind Power Project: Currently advising on the structuring and financial modelling stages of a 20 year wind power project in Marsabit County under a Public Private Partnership (PPP) model under the Feed-In-Tariff-System (FiT).
Legal Audits and Legislative Reviews
• Undertaking a legal audit on Total Kenya Limited (Total) which entailed undertaking a comprehensive review of the statutes and regulations impacting on Total, undertaking a financial, operational and legal review on Total and preparing a report based on the findings.
• Undertaking a legal audit on Kenya Shell Limited (Shell) which entailed undertaking a comprehensive review of the statutes and regulations impacting on Shell, undertaking a financial, operational and legal review on Shell and preparing a report based on the findings.
• Undertook the legislative review and tracking of all national and county government laws and regulations relevant to the energy sector in Kenya that affect Tullow Oil BV Kenya Limited.
Njoroge N. Mungai
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