Further a Field: Proposed Changes in Kenya’s Natural Resource Laws

Posted on September 12th, 2018

By Geoffrey Muchiri | Cindy Oraro

Kenya’s Parliament recently debated a new law to regulate oil and gas exploration. If the Petroleum (Exploration, Development and Production) Bill 2015 (Petroleum Bill) is passed, the national government will retain 75% of the profits from commercial oil and gas produced, with the county governments hosting the deposits getting 20% and the local community 5%. The Petroleum Bill, which was prepared by a technical committee of the Ministry of Energy after reviewing the Petroleum Exploration and Production Act of 1986 that was deemed too oil-centric, also requires the National Government to create a conducive environment for exploration of crude oil and natural gas. The Petroleum Bill proposes the establishment of the Upstream Petroleum Regulatory Authority (UPRA) and National Upstream Petroleum Advisory Committee (NUPAC). UPRA will regulate the industry while NUPAC comprising a panel from the Ministry of Energy & Petroleum and the National Treasury as well as the Kenya Revenue Authority will advise the Cabinet Secretary responsible for petroleum. UPRA will also manage a national centre for storage, analysis, interpretation and management of petroleum data and information from sedimentary basis and field operations on behalf of the Government. The Bill proposes awarding of exploration blocks through competitive tendering. The proposed law requires the Cabinet Secretary to develop a framework for reporting, transparency and accountability in the sector. This will require publication of agreements, records, annual accounts, reports of revenues and fees.

To read a copy of the proposed Bill, please click here

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Cindy Oraro

Posted on March 26th, 2018

Cindy Oraro 

Partner

 

T: +254 709 250 000/709 250 718

E: cindy@oraro.co.ke

 

 

A Partner at Oraro & Company Advocates’ commercial practice, Cindy specialises in energy, infrastructure, and projects. Over the last 9 years, she has advised local and international clients in various matters including energy, oil & gas, corporate restructuring, mergers & acquisitions and mining.

She has been involved in notable corporate & commercial transactions including advising on the government-to-government collaboration between the Government of Kenya and China National Petroleum Corporation on a proposed USD 1.8 billion project to develop up to 350 MW of geothermal power.

In 2014, she was awarded a Commonwealth Professional Fellowship at the law firm of Hogan Lovells LLP in London, where she practiced with its project finance team. She was further awarded a Power Africa Fellowship in 2019 at the law firm of Shearman & Sterling LLP in New York, where she practiced with its project development and project finance teams.

Cindy holds a Master of Laws in Commercial Law from the University of Bristol, a Bachelor of Laws from Durham University, United Kingdom and a Post-graduate Diploma from the Kenya School of Law.

"Cindy has a keen interest in energy, particularly geothermal, oil & gas and solar."
Experience
  • Part of a team that advised the Government of Kenya on the financial and operational restructuring of Kenya Airways (KQ) including converting USD 2.3 Billion into equity and the legal implications of relinquishing its security.
  • Part of the team advising one of Kenya’s largest publicly listed sugar manufacturing companies on the restructuring of its debt by both local and international lenders.
  • Part of a team that advised a consortium of special economic-zone operators in the manufacturing sector looking to establish a corporate presence in Kenya and advised on their regulatory compliance.
  • Advised on an energy project with design-build finance maintain and operate aspects where we acted for the owner of five (5) SPVS entitled to generating 40 MW of solar energy each in a transaction to sell the SPVs as well as all the rights and licenses required to generate such power, as well as transferring the land which is subject to the licenses.
  • Advised a client on the legal structure of its equipment leasing framework and reviewing its operating lease and instalment sale and full maintenance agreement.
  • Advised a multilateral development bank on the USD 30 million financing of a tertiary care multispecialty hospital.

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Oraro & Company Advocates is a full-service market-leading African law firm established in 1977 with a strong focus on dispute resolution and corporate & commercial law. With a dedicated team of 10 partners, 4 senior associates, 10 associates, 1 lawyer and 36 support staff, the Firm has been consistently ranked by leading legal directories such as Chambers Global, IFLR 1000 and Legal 500 as a top-tier firm in Kenya.

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