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Public-Private Partnerships

  • Overview
  • Experience
  • Market recognition

 

IKM’s Projects and Infrastructure practice has substantial experience across a diverse band of undertakings that include public-private partnerships (PPP). 

Our lawyers routinely advise both public sector procuring entities and private sector players in the structuring of such partnerships. Therefore, we understand the issues on both sides of the negotiating table.

Capabilities

  • Legal due diligence

  • Project agreements

  • Advice on the structuring of PPPs

  • Assistance on preparation of tender documents

  • Assistance with tender clarification responses

  • Support on tender evaluation

  • Conducting legal feasibility studies

  • Advising on the authorizations / licenses / permits required for projects

  • Negotiation and finalization of ensuing contracts

  • Risk analysis and mitigation

Experience has included advising:

  • A consortium of investors in respect of a proposed primary healthcare project, which shall be piloted in Makueni County before being scaled-up across the country under a PPP arrangement.
  • A client on a proposed county government solid waste PPP project.
  • An international construction company, on the development and operation of a Special Economic Zone under a PPP arrangement.
  • A potential developer on the Lamu Port, South Sudan, Ethiopia Transport Corridor (LAPSSET) project. Our role involved advising on PPP structuring, review of various project documents and generally advising the client on compliance with the local laws and regulations on PPPs.
  • A consortium which has been awarded projects under the Kenyan Ministry of Transport and Infrastructure’s roads annuity programme under a PPP arrangement.
  • A private party on an education PPP proposed to be undertaken as a privately-initiated investment proposal.
  • A bidder in the procurement of a concessionaire for phase one of the second container terminal port of Mombasa, Kenya, under a PPP arrangement.
  • A client on a proposed county government solid waste PPP project.
  • Nairobi and Mombasa Counties on a PPP options study for accelerated and sustainable non-revenue water reduction.
  • A private party on PPPs for a market and social hall.

  • Ranked Tier 1 in Projects & Infrastructure (The Legal 500, 2019) with the directory indicating:

    "Iseme, Kamau & Maema Advocates has demonstrated a real commitment to the projects space over the last five years and has earned itself a significant market share of big-ticket engagements, most notably in power and is now ‘progressing really well’ in PPPs (especially in healthcare and affordable housing). The firm is praised for its ‘teamwork’ in working ‘cohesively’ with the client ‘towards a common goal’. The team advises a mix of sponsors, lenders and government bodies, and was engaged by Amref on a proposed primary healthcare project that will be piloted in Makueni County before being scaled-up to all 47 counties in Kenya. James Kamau is ‘client-centric’ and has huge gravitas in the market, while Beatrice Nyabira is ‘a great negotiator’ and another key figure in the team.”