Greenwashing is a serious crime because it creates the illusion that more is being done to combat climate change than is the case, hampering anti-global warming efforts to the detriment of humanity. Unless they are unmasked, the culprits enjoy the reputational and financial rewards of the phony green sheen they have applied to their operations.
Fred Kibagendi is an Associate in the Projects Energy and Restructuring Practice at IKM. As part of the Projects practice at IKM, Fred has been involved in projects across various sectors including Energy, Housing, Infrastructure and other Public Private Partnerships (PPP). He has gained experience in drafting and reviewing project agreements and other PPP transaction documents including power purchase agreements, carrying out legal due diligence, and legal audits and compliance checks. He has also been involved in advising clients on issues pertaining to public procurement, corporate insolvency and restructuring.
Experience has included advising:
- As a team member, Botswana Oil Limited (“BOL”) on the development of an oil storage facility which is being undertaken as a PPP in Botswana
- As a team member, EPCO Builders in connection with its appointment by the Government of Kenya to build over 5,000 affordable housing units within the Affordable Housing Scheme in Kenya
- As a team member, the receivers and a Kenyan commercial bank on various options for recovery of debts owed to it by a leading sugar company in Kenya
- As a team member, the Lamu Consortium on the cancellation of the Lamu Isiolo Road Project by KeNHA and the PPP Committee
- As a team member, the African Development Bank Group and United States International Development Finance Corporation (collectively, the “Lenders”) in a proposed 50MW wind power project in Limuru, Kiambu County, Kenya
Professional Qualifications
- Advocate admitted to the High Court of Kenya (2021)
Education
- Kenya School of Law, Post-Graduate Diploma in Law (2019)
- University of Nairobi, Bachelor of Laws LLB (2018)
Prior Experience
- 2021 to date, Associate, IKM Advocates, DLA Piper Africa member firm in Kenya
- 2020 to 2021, Pupil, IKM Advocates, DLA Piper Africa member firm in Kenya
Memberships
- Member of the Law Society of Kenya
Thanks to new renewable power projects coming online, Kenya’s generation capacity now exceeds 3,000 MW. This success is partly attributable to investments from Independent Power Producers.
In many countries, public procurement has for a long time been considered one of the areas most prone to manipulation and fraud. Kenya is no exception and there have been allegations of public officials and their cronies creating and winning bids at inflated prices.
Long before the pandemic wreaked havoc on the tourism sector, protected areas such as national parks, game reserves and wildlife sanctuaries in Kenya were already grappling with the challenges of underfunding.
Countries across the world are increasingly moving towards energy auctions as the preferred method for procuring renewable energy. In fact, according to the International Renewable Energy Agency, the number of countries using energy auctions rose steadily from six in 2005 to sixty seven in 2016. The shift has largely been attributed to the benefits of power auctions, including their ability to assist governments with price discovery, lower costs of power generation and flexibility.