Policy & Regulatory Compliance – EMSI & Associates

Africa is in Motion. And the Legal and Regulatory landscape is constantly changing to accommodate our Continent’s continued growth.

The Firm’s lawyers work closely with policy making institutions, government departments, legislators, regulatory authorities and other stakeholders to draft and advocate legislation in the public finance, energy and infrastructure sectors to keep pace with international best practice. Our lawyers have advised on the preparation of subsidiary legislation to operationalize key legislation in the energy and infrastructure sectors.

Our support to private sector clients also includes advising on proposed or imminent legislation or amendments.

Representative Transactions

Drafting policy and draft regulations for the implementation of Development Fees to be levied under the Physical and Land Use Planning Act of Kenya.
Drafting policy and legislation for the establishment of a county development corporation and guidelines for implementation of the corporation.
Drafting policy and legislation for the establishment of an Enterprise Development Fund for Youth, Women & Persons Living with Disabilities on behalf of a local county government in Kenya.
Drafting submissions on proposed amendments to the Public Finance Management Act Regulations on behalf of a joint public finance committee in Kenya;
Advising county governments constituting the Mt. Kenya and Aberdare Economic Bloc and preparing the constitutive Memorandum of Understanding for the establishment Bloc.
Drafting of proposed licences for the new generation electricity wholesale and retail licences for submission to NERSA in South Africa.
Advising a US-based Association in the technology sector on the impact of proposed new legislation governing associations in Kenya.
Advising a South African mining house on the legal and regulatory framework governing the mining sector in Kenya and the royalty regime in general.
Advising a county government on its procurement options including PPPs and Specially Permitted Procurement Procedures proposed for implementation of its universal health care programme.
Advising a state-owned corporation on a turnkey EPCF project for the implementation of two large scale dam and infrastructure irrigation projects each incorporating a 5MW power plant in Kenya.
Advising a consortium on the legal and regulatory framework governing the MRTS policy in Nairobi, Kenya Advising a consortium on the legal and regulatory framework and proposed implementation of BRT in Kigali, Rwanda.
Advising a private water and sanitation utility and providing negotiation support with WASREB for its Water Services Provider Licence under the Water Act, 2016.
Advising a local telecommunications company on its proposed restructuring and recommending relevant changes to be effected to ensure compliance with equity participation thresholds under the Kenya Information and Communications Act, 1998.