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ENERGY, MINING & EXTRACTIVE INDUSTRIES LAW

As a law firm in Kenya, we provide end-to-end legal services in Energy, Mining, and Extractives, advising local and international clients on compliance, licensing, investments, project development, environmental regulation, land access, and stakeholder relations. Our services are grounded in Kenya’s legal and regulatory framework, including the Energy Act, 2019, Mining Act, 2016, Petroleum Act, 2019, and related environmental, tax, land, and investment laws.


 1. Energy Law and Renewable Power Projects

a. Regulatory Compliance and Licensing

Advising on energy licenses and permits required from the Energy and Petroleum Regulatory Authority (EPRA).

Structuring Power Purchase Agreements (PPAs) and advising on the Feed-in Tariff and net metering schemes.

Representation during public participation and license application hearings.

b. Project Development and Transactions

Drafting and negotiating joint venture agreements, EPC (Engineering, Procurement, Construction) contracts, and O&M (Operations & Maintenance) agreements.

Legal support for Independent Power Producers (IPPs), developers, and financiers in renewable energy projects (solar, wind, geothermal, hydro).

Land acquisition and wayleave rights for energy infrastructure projects.

c. Grid Access and Transmission

Advising on wheeling, grid interconnection agreements, and third-party access rights.

Negotiations with Kenya PowerKenGen, and the Rural Electrification and Renewable Energy Corporation (REREC).

2. Mining and Mineral Resources

a. Licensing and Compliance

Advising on licensing applications including Prospecting Licenses, Mining Licenses, Retention Licenses, and Mineral Rights.

Drafting and submitting documents to the Ministry of Mining, and engaging with the Mining Rights Board.

Legal audits and due diligence on existing or prospective mining rights.

b. Mining Contracts and Joint Ventures

Structuring agreements between mining companies, local investors, and communities.

Drafting mineral production sharing agreements, exploration agreements, and royalty agreements.

Advising on project financing, investment structuring, and risk allocation.

c. Land Access and Community Engagement

Negotiating community development agreements (CDAs), benefit-sharing agreements, and relocation compensation frameworks.

Representing clients in land disputes involving surface rights, community land, and customary landowners.

Advisory on Free, Prior and Informed Consent (FPIC) protocols.

 3. Oil & Gas (Upstream, Midstream, Downstream)

a. Upstream Activities

Legal support in exploration, drilling, and appraisal stages.

Drafting and negotiating Production Sharing Contracts (PSCs) with the Ministry of Energy and Petroleum.

Regulatory compliance under the Petroleum Act, 2019, and the Local Content Regulations.

b. Midstream and Downstream

Advising on storage, transportation, and distribution infrastructure.

Licensing and compliance for fuel importers, depot operators, and retail stations.

Representation before EPRA in tariff setting, safety compliance, and technical audits.

c. Environmental and Safety Compliance

Preparing Environmental Impact Assessment (EIA) reports and Environmental Management Plans (EMPs) in collaboration with NEMA.

Ensuring compliance with occupational safety standards and petroleum health, safety, and environment (HSE) rules.

 4. Environmental, Social and Governance (ESG) Compliance

Legal advisory on environmental regulations, including permits, impact mitigation, and audit requirements.

Drafting and reviewing sustainability reports, human rights due diligence frameworks, and climate risk disclosures.

Structuring community benefit-sharing schemes and aligning projects with ESG standards.

5. Infrastructure, Procurement, and PPPs

Advising on Public-Private Partnerships (PPPs) in energy and mining infrastructure.

Drafting project agreements and risk allocation documents for power plants, transmission lines, pipelines, and processing plants.

Legal support during public tenders and competitive procurement processes.

 6. Dispute Resolution and Litigation

Representing clients in:

Land and environmental disputes.

Community grievances and benefit-sharing disagreements.

Licensing and regulatory appeals before EPRA, the Energy Tribunal, or the Ministry of Mining.

Arbitration and mediation in joint venture and production disputes.

Cross-border energy and extractives dispute resolution under ICSID or UNCITRAL rules.

7. Investment Structuring and Tax Advisory

Structuring investment vehicles for energy and mining ventures.

Advisory on applicable tax regimes, including VAT exemptions, royalty payments, and capital allowances.

Guiding foreign investors through investment registration with KenInvest and obtaining Investment Promotion Certificates.

🧾 8. Local Content and Employment Compliance

Advising on Local Content Plans, procurement rules, and employment quotas.

Drafting training and capacity-building agreements for local personnel.

Preparing compliance documentation for submission to EPRA or the Petroleum and Mining Ministries.

9. Legal Audits, Due Diligence, and Reporting

Conducting legal due diligence on acquisition targets, concessions, or JV partners.

Title verification for mining blocks or licensed energy projects.

Preparing risk reports and compliance assessments for lenders and investors.

10. Legal Training, Capacity Building, and Policy Advisory

Training for project managers, in-house counsel, and compliance officers on Kenyan extractives law and regulations.

Workshops on ESG compliance, community engagement, and land law in extractive contexts.

Assisting NGOs, developers, and governments in drafting or reviewing policy proposals and draft legislation.