WakiliAfrica's Projects & Infrastructure practice provides end-to-end legal counsel for major capital projects, infrastructure developments, and energy transactions across Kenya and the East African region. We advise project sponsors, developers, lenders, contractors, and government agencies on the full lifecycle of infrastructure projects — from feasibility and procurement through to construction, commissioning, and operational phases. Our expertise spans roads, railways, ports, airports, power generation, renewable energy, water, housing, and telecommunications infrastructure.
Sponsors, developers, contractors, lenders, public entities, operators and investors in infrastructure and energy projects.
Project structure, procurement status, site and land records, licences, term sheets, draft contracts and the approvals already obtained.
Our Projects & Infrastructure Services
- Project finance structuring and documentation
- Public-Private Partnership (PPP) advisory under the PPP Act 2021
- Concession agreements and government contract negotiation
- Engineering, Procurement and Construction (EPC) contract drafting
- FIDIC contract advisory (Red Book, Yellow Book, Silver Book)
- Build-Operate-Transfer (BOT) and Design-Build-Finance-Operate (DBFO) structures
- Power Purchase Agreements (PPAs) and feed-in tariff advisory
- Renewable energy project development (solar, wind, geothermal)
- Oil and gas exploration and production licensing
- Mining licence and mineral rights advisory
- Environmental and Social Impact Assessment (ESIA) compliance
- NEMA licensing and environmental regulatory compliance
- Land acquisition, compulsory acquisition and resettlement planning
- Construction dispute resolution and adjudication
- Lender security packages and project finance facility agreements
- Insurance and bonding advisory for infrastructure projects
- Regulatory approvals — EPRA, KURA, KeNHA, Kenya Airports Authority
- International arbitration under ICC, LCIA, and ICSID rules
- Development finance institution (DFI) compliance — IFC, AfDB, World Bank standards
How Our Projects & Infrastructure Team Helps
Infrastructure projects in Kenya are governed by a complex web of legislation including the PPP Act 2021, the Energy Act 2019, the Mining Act 2016, the Environmental Management and Coordination Act, and the Public Procurement and Asset Disposal Act. Each project requires navigating multiple regulatory bodies — EPRA for energy, NEMA for environmental compliance, NLC for land matters, and the PPP Directorate for public-private partnerships. Our team combines deep regulatory knowledge with practical project experience, ensuring your project progresses from concept to completion with robust legal foundations. We have advised on projects funded by the World Bank, IFC, AfDB, and bilateral development agencies.
Frequently Asked Questions
What is a PPP and how does it work in Kenya?
A Public-Private Partnership (PPP) is a contractual arrangement between a government entity and a private party to deliver public infrastructure or services. Under Kenya's PPP Act 2021, projects must be approved by the PPP Committee and comply with feasibility study, procurement, and monitoring requirements. We advise both public and private parties through the entire PPP lifecycle.
Do renewable energy projects require special licensing in Kenya?
Yes — renewable energy projects require generation licences from the Energy and Petroleum Regulatory Authority (EPRA), environmental licences from NEMA, and in many cases a Power Purchase Agreement (PPA) with Kenya Power or an off-taker. We handle the full licensing and regulatory approval process for solar, wind, geothermal, and biomass projects.
How are construction disputes resolved in Kenya?
Construction disputes are typically resolved through adjudication (under FIDIC contracts), mediation, arbitration (local under the Arbitration Act 1995 or international under ICC/LCIA rules), or litigation in the High Court. We represent clients across all dispute resolution forums and advise on the most effective approach based on contract terms and claim value.
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