The financing requirements to close Africa’s infrastructure deficit are estimated at over US$ 100 billion annually for the next several decades. With African governments feeling the increased pressure of rising urbanisation and population growth, the provision of key physical and social infrastructure remains a priority across the Continent.
Innovative infrastructure financing mechanisms will continue to be important as governments seek to focus on the provision of key services to their citizens driven by social expectations of improved service delivery.
We provide advisory negotiation support across the project cycle ranging from due diligence and site acquisition advice to SPV establishment and drafting and negotiation of key Project Agreements.
As more jurisdictions are adopting some form of PPP legislation for the delivery of critical infrastructure, the Firm’s lawyers are well positioned to provide support to both private and public sector clients participating in PPPs. Our lawyers include certified PPP practitioners and accredited trainers who have supported training exercises of public and private officials within the East African region.
Our specialist services include the support in the preparation of and feasibility studies, preparation of project risk matrices, project SPV formation, site acquisition, drafting Privately Initiated Investment Proposals and advising on project and financing documentation.
- Advising the project developer in the implementation of a bulk fuel storage and handling facility on a BOOT basis; undertaking project and corporate due diligence and managing the Project Virtual Data Room; drafting various Corporate Agreements and Project Agreements.
- Advising the project sponsors in the development, funding and construction of US$160 million 400TPD architectural float glass manufacturing plant in Dar-es-Salaam, Tanzania.
- Advising on, drafting and negotiation of project structure and project agreements in respect of a $70 million broadband network for a local municipality in South Africa.
- Advising the project developer of a 40MW solar power plant on the due diligence and project financing of the plant in Kenya.
- Advising regional multilateral infrastructure fund, on the legal and regulatory framework governing public procurement and Privately Initiated Investment Proposals in the energy and infrastructure sector in Kenya.
- Legal Advisor to UN Habitat and the County Government of Nyandarua on various procurement options and the legal and regulatory framework governing PPPs at County Government level and benchmarking against regional and international wholesale markets implemented or proposed to be implemented as PPPs on a Design Build Finance Operate and Maintain model.
- Advising a Dubai-Based consortium in its negotiations on its Privately Initiated Investment Proposal for the development of a highway in Kenya on Design Build Finance Operate and Maintain model.
- Advising a state-owned corporation in its negotiations with a Mauritius-based consortium for the development of a 500 MW hydropower and multipurpose dam.
- Advising on a $250 million Bus Rapid Transit system as part of a local municipality’s proposed Integrated Rapid Public Transport Network in South Africa;
- Advising on the funding mechanism and procurement of 137 BRT buses for BRT project in South Africa;
- Advising an international client on the legal and regulatory framework governing the energy sector in general, open access obligations of Transmission Line Licensees under the Energy Act 2019 and impact of the Public Private Partnerships Act, 2021 on the implementation of privately initiated proposals.
- Advising on the Nairobi Beltway PPP Prefeasibility Study including the legal and regulatory framework governing roads and transportation, environmental impact assessments, land acquisition and resettlement and the impact of the PPP Act, 2021.
- Advising on a proposed Bulk Water Supply PPP Prefeasibility study in Kenya including the legal and regulatory framework governing water resource management and water services provision, public finance management and shared functions between national and county governments in respect of the water sector and the impact of the PPP Act, 2021.
- Advising a regional development finance institution on proposed implementation structures for an affordable housing project in Togo and its role and participation options as a DFI.