Energy

Posted on July 30th, 2018

We are at the forefront of providing our clients with legal advice in a complex regulatory environment. 

With wide commercial scale discoveries in oil and minerals in Kenya, the energy sector has expanded rapidly. Large-scale infrastructure projects have solidified the sector with an eye to boost domestic and foreign export.

Working closely with the Infrastructure, Projects & PPP practice area, we are at the forefront of providing our clients with legal advice in a complex regulatory environment.


We have advised governments, energy companies, independent power producers, project sponsors and lenders on: 

  • Advised 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 plant.
  • Advised an IPP in Kenya in relation to the establishment of a 360 MW dual diesel and solar generating plant
  • Represented the “Gulf Energy consortium” (the preferred bidder) for the development of a 960 MW coal fired power plant at Lamu County in Kenya by private investors.
  • 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 transfering the land which is subject to the licenses.
  • Advising the developer of a 250 MW onshore wind farm in Kenya which was in part financed by the forward sale of CDM Mechanism credits.

Recent Insights

A “right” to light: a look at the key provisions in Kenya’s proposed Energy Bill, 2015

“More power” to investors: Kenya’s promising renewable energy market

“May as well”: Additional renewable sector updates for May 2016

On matters energy: A review of some key developments in Kenya’s Energy Sector (Q2-2016)

Got power?: Salient aspects of Kenya’s new Energy Bill, 2015

Full of activity: A review of developments in Kenya’s Energy Sector (Q1-2016)


Related Services

Banking & Finance, Corporate & CommercialDispute Resolution and Infrastructure, Projects & PPP

Key Contacts
George Oraro SC
Founding Partner

 

E: goraro@oraro.co.ke

Public Sector

Posted on June 26th, 2018

Across the world, all levels of private sector organisations and Governments are faced with rising urbanisation populations, complex financial environments and shifting demographics.

Our public sector expertise has worked with Governments, international development partners and non-governmental organisations to deliver meaningful legal advice, through our deep understanding of how the public sector works.

We regularly advise on:

  • Capital markets
  • Complex government projects
  • Constitutional and judicial review
  • Dispute resolution and litigation
  • Election petitions
  • Privatisations and restructuring
  • Public procurement

We have recently:

  • Representing Kenya’s Deputy CJ in a novel constitutional petition where the court needs to decide on the issue of security of tenure of judges.
  • Counsel in an Application for Immunity before the Common Market for Eastern and Southern Africa (COMESA) Court of Justice in Zambia.
  • Contracted by the Government of Kenya to review the Mining Act, Cap. 306, and recommend an appropriate legal and institution framework.
  • Advising the Government of Kenya and Telkom Kenya Limited on the sale of a substantial stake in Telkom Kenya Limited, to a strategic Investor and Initial Public Offer.
  • Advising Kenya Commercial Bank Limited and GoK on the initial floatation of KCB shares at Nairobi Stock Exchange(now Nairobi Securities Exchange) and subsequent secondary listing. Providing legal input on the prospectus, preparing and reviewing all appropriate legal documentation for listing on the Nairobi Securities Exchange, reviewing and reconstructing constituent instruments, conducting Due Diligence, drafting Agreements and ensuring smooth legal conduct of the floatation exercise.
  • Advised the Government of Kenya and KenGen during the offer for sale by the Government of Kenya of 659,508,437 ordinary shares with a par value of KShs.2.50 each in KenGen, at an offer price of KShs.11.90 per share.
  • Acted for the Constitution of Kenya Review Commission, one of the commissions put in place to overhaul the Kenya Constitution.

Recent Insights

Is Collective Bargaining Dead in the Public Sector?

Kenya’s Government-led banking shake-up: the Banking (Amendment) Act, 2016.


Recent Services

Dispute Resolution, Employment & Labour

Key Contacts

George Oraro SC
Founding Partner

 

E: goraro@oraro.co.ke

Chacha Odera
Senior Partner

 

E: chacha@oraro.co.ke

Manufacturing & Industrials

Posted on June 26th, 2018

Industrialisation remains a top priority for Kenya despite unclear regulatory framework and the planning of special economic zones (SEZ). But a growing middle-class and regional demand offer significant opportunities for new private investment in the long-term.

Our lawyers understand deeply the challenges as well as the opportunities to provide legal advice in key areas such as:

  • Banking & Finance;
  • Commercial disputes;
  • Corporate & Commercial;
  • Employment;
  • Mergers & Acquisitions;
  • Real estate & conveyancing; and
  • Tax disputes.

Acting for various manufacturing and industrial clients, we have:

  • Advising a leading manufacturer on assessments by Kenya Revenue Authority of KES 24 billion in respect of excise duty, VAT, penalties and interest before the Tax Appeals Tribunal.
  • Acting for a Kenya-based holding company that manufactures both alcoholic and non-alcoholic beverages in numerous appeals against excise duty and value added tax assessment on alcoholic beverages at the Tax Appeals Tribunal.
  • Represented Bidco Africa, in an appeal against an Income Tax assessment at the High Court.
  • Represented East African Breweries Limited in regard to disputes arising from transportation and distribution agreements.
  • Advising a construction company in relation to the financing of a new cement plant which also involved reviewing the financing agreements and EPC contracts.
  • Acted in the winding-up proceedings of Rai Plywoods Ltd.
  • Advised a leading investment bank in a proposed takeover of a major international player in the machinery industry in Kenya.
  • Represented East African Breweries Limited in challenging the constitutionality of various provisions of the Alcoholic Drinks and Control Act, on aspects relating to the infringement of the right to property.
  • Advising the Government of Kenya (while acting in consortium with a local firm) on the privatisation of Mumias Sugar Company Limited, the leading sugar producing company in Kenya.

Recent Insights

The Business Registration Service Act: An attempt to make Kenya an investor’s dream


Related Services

Banking & Finance, Conveyancing & Real Estate, Dispute Resolution and Employment & Labour

Key Contacts

George Oraro SC
Founding Partner

 

E: goraro@oraro.co.ke

John Mbaluto, FCIArb
Deputy Managing Partner

 

E: john@oraro.co.ke

Financial Services

Posted on June 26th, 2018

The financial sector benefits from key fundamentals - a result due to prudent regulatory oversight which in turn has ensured the highest financial inclusion rates in a developing economy but this sector is not without its fair challenges, with stringent disclosure requirements and a demanding business environment.

We understand the complexities of the sector provide legal advice that is technically sound, practical and commercially effective.

Our legal services include:

  • Business support, restructuring and insolvency
  • Corporate advisory
  • Dispute resolution and litigation
  • Employment and labour advice
  • Local and international arbitration
  • Tax disputes

Experience

We have:

  • Acted for Central Bank of Kenya in the recovery of all amounts in the “Goldenberg” related cases, in excess of USD 1 billion.
  • Acting in a claim seeking the tracing and recovery of approximately USD 340 million which was fraudulently siphoned from a Kenyan bank (It is one of the largest banking fraud disputes in Kenya). We successfully defended the client against claim by the shareholders seeking to be enjoined in this suit, against stiff competition.
  • Representing the Kenya Deposit Insurance Corporation as lead counsel in a recovery action as well as asset tracing and recovery of assets amounting to USD 220 million from individuals and companies alleged to have defrauded a mid-sized Kenyan bank leading up to its receivership.
  • Acting for a Kenya commercial bank in a claim seeking recovery of USD 40 million. We obtained a mareva injunction/freezing order, which is currently in force to preserve the subject matter of the suit.
  • Representing a Pan-african bank in a claim of USD 25 million brought by a Zambian borrower who claims he never authorised the bank to disburse funds to the borrower. It is an ICC matter and the seat is in London.
  • Assisted a team drafting asset finance documents for Africa Export-Import Bank on the USD 2 billion pre-delivery and delivery financing for Kenya Airways Limited.
  • Part of a team that provided the Strategic Investors of a bank (the Bank) with an opinion on the legal options or recourse that they may have under contract or in tort against various third parties that were involved in the unlawful and fraudulent actions that lead to a run on the Bank which caused it to be placed under receivership by the Central Bank of Kenya.
  • Acting for the Deposit Protection Fund Board(now known as the Kenya Deposit Insurance Corporation), relating to recovery of debts owed to several collapsed financial institutions.

Recent Insights

Islamic banking: The regulatory imperative

Obligated: Examining the Duty of Care in Banking

A matter of “interest”: more updates on the new Banking (Amendment) Act, 2016

Kenya’s Government-led banking shake-up: the Banking (Amendment) Act, 2016.

Testing the safety net in banking: Is deposit insurance adequate?

Commencement of the Insolvency Act, 2015: Legal Notice No.1 of 2016


Related Services

Arbitration, Banking & Finance, Corporate & CommercialDispute Resolution, Restructuring & Insolvency and Tax

Key Contacts

George Oraro SC
Founding Partner

 

 

E: goraro@oraro.co.ke

Chacha Odera
Senior Partner

 

 

E: chacha@oraro.co.ke

Pamella Ager
Managing Partner

 

 

E: pamella@oraro.co.ke

Education

Posted on June 25th, 2018

Increased investment and reforms in education come on the back of strong government investments in the sector, which has created opportunities for private sector players to align themselves with the changing labour requirements, especially at a tertiary level.

 

Our lawyers understand the pressures faced by educational and training organisations and have specialist knowledge to advise on:

  • Administrative/judicial review
  • Dispute resolution & litigation
  • Employment advisory
  • Providing legal opinions
  • Review of contracts and charters
  • Tax dispute

Experience

Recent matters we have worked on include:

  • Providing several legal opinions to the Kenya National Union of Teachers (KNUT) regarding amendments to the law, touching on the teachers’ employer – the Teachers Services Commission (TSC).
  • Representing KNUT in a historic 2015 pay rise dispute against the teachers’ employer, the TSC.
  • Acting for one of KNUT in a trade dispute against the employer, the TSC, with respect to the historical 2015/2016 nationwide teachers’ strike.
  • Represented KNUT in litigation arising out of their 1997 pay deal agreement with the TSC.
  • Advising KNUT in the run-up to the promulgation of the 2010 Kenya Constitution, on matters touching on creation of the TSC, as one of the independent commissions, created under the Constitution.
  • Advising KNUT on “emergent” devolution issues, under the 2010 Constitution, and particularly on how these issues relate to their recognition agreement with the TSC.
  • Representing Moi University (the second University to be established in Kenya), in a suit challenging the decision by the Council of Legal Education to close its School of Law.
  • Advising a regional international school, on Kenyan-related tax matters.
  • Represented a regional international school, in an income tax dispute at Tax Appeals Tribunal.
  • Advising and reviewing the draft charter of a private university seeking accreditation in regard to compliance with the newly enacted Universities Act 2013.

Recent Insights

Praying and learning: Some Constitutional dimensions on the freedom of religion.


Related Services

Conveyancing & Real Estate, Corporate & Commercial and Dispute Resolution

Key Contacts

George Oraro SC
Founding Partner

 

E: goraro@oraro.co.ke

John Mbaluto, FCIArb
Deputy Managing Partner

 

E: john@oraro.co.ke

Construction

Posted on June 25th, 2018

A vibrant construction industry in Kenya continues to experience double-digit growth which has created market opportunities in real estate, (mixed-use and residential), energy (geothermal, wind and solar) and infrastructure (roads). Driven by private financing, this has contributed to the Country's success story.

As one of the firm's key areas of expertise, construction is at the heart of Oraro & Company Advocates. Our deep sector experience has given us an unparalleled understanding to advise in contentious and non-contentious matters.

Working closely with our Conveyancing & Real Estate Practice group, we generally advise owners, developers, contracting professionals and lenders on:

  • Acquisition and disposal of land;
  • Construction related disputes;
  • Local and international arbitration;
  • Project agreements;
  • Projects financing and;
  • Structuring of complex projects.

Experience

Recent matters we have worked on include:

  • Advising the lead member of the consortium that won the bid to re-develop the Nairobi City County Old Housing Estate on Ngong Road. The project involves the re-development of an old housing estate belonging to the Government of the Nairobi City County and will entail the development of low-cost housing on a parcel of land off Ngong’ Road.
  • Advising a leading Chinese property development company on a partnership project with landowners for the development of a block of residential apartments comprising of over 300 units in Nairobi's Riara Road.
  • Represented a party in a construction arbitration whose value is estaimated at USD 6.5 million.
  • Acted for the Central Bank of Kenya in respect to consultant claims regarding the Times Tower.
  • Represented Sanghani Builders Limited in a claim against Kenya Agricultural Research Institute for the balance of payment in respect of the construction of its headquarters.
  • Acted for the Kenya Medical Association Housing Co-operative society in construction-related dispute.
  • Represented China Huashi Corporation in construction-related dispute.
  • Acted for KCB Pension Fund, in respect to development of a residential estate.
  • Acted for the Kenya Re-insurance Corporation in a construction-related dispute.
  • Represented the National Housing Corporation in a construction-related dispute.

Recent Insights

Building a strong “national” foundation: Local content in Kenya’s construction industry

Does your development require an environmental impact assessment licence?


Related Services

Arbitration, Banking & Finance, Conveyancing & Real Estate, Dispute Resolution

Key Contacts
George Oraro SC
Founding Partner

 

E: goraro@oraro.co.ke

Chacha Odera
Senior Partner

 

E: chacha@oraro.co.ke

Pamella Ager
Managing Partner

 

E: pamella@oraro.co.ke

About Us

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.

Oraro & Company Advocates is an affiliate member of AB & David Africa.

Contact Us

Oraro & Company Advocates
ACK Garden Annex, 6th Floor, 1st Ngong Avenue
P. O. Box 51236 - 00200, Nairobi, Kenya.
T: +254 709 250 000
E: legal@oraro.co.ke | W: www.oraro.co.ke

Oraro & Company Advocates © 2021