Energy and Infrastructure Law in Kenya — Mining & Project Legal Services

Excavator in mining area

OLM Law specialises in energy and infrastructure law in Kenya, providing top-tier legal support for mining, energy and large infrastructure projects. Our team possesses extensive knowledge of industry-specific regulations and navigates Kenya’s complex legal landscape to ensure full compliance.

Related Practice Areas: Corporate & Commercial Law | Business Registration | Property Law Kenya

Energy and Infrastructure Legal Services in Kenya

Mining Law and Natural Resources in Kenya

Kenya’s extractive industries are governed by a robust legal framework, including the Mining Act (Cap. 306), the Petroleum Act, and the Energy Act. Navigating licencing, environmental obligations, and community land rights requires careful legal advice at every stage of a project.

OLM Law advises clients across the full spectrum of mining and natural resources matters in Kenya, including:

  • Mining licences and exploration rights — advising on Class A and Class B prospecting licences, retention licences, and special mining licences under the Mining Act
  • Production sharing agreements (PSAs) — reviewing and negotiating PSAs between investors and the Government of Kenya
  • Community land rights and social licence — advising on obligations under the Community Land Act and the Land Act with respect to project-affected communities
  • Environmental and regulatory compliance — advising on NEMA licences, Environmental Impact Assessments (EIAs), and compliance with the Environment and Land Court procedures

Energy Law and Power Projects in Kenya

Kenya’s energy sector is one of the most active in sub-Saharan Africa, driven by significant investment in geothermal, solar, wind, and hydroelectric power. The Energy Act 2019 and the regulations issued by the Energy and Petroleum Regulatory Authority (EPRA) set out the framework for generation, transmission, distribution, and supply of electricity.

Our energy and infrastructure law practice in Kenya covers:

  • Power Purchase Agreements (PPAs) — drafting and reviewing PPAs between independent power producers (IPPs) and Kenya Power
  • EPRA licensing and compliance — advising developers and operators on licensing requirements under the Energy Act 2019
  • Project finance and security documentation — advising lenders and borrowers on security structures for energy projects in Kenya
  • Renewable energy projects — advising on feed-in tariff arrangements and competitive procurement under Kenya’s energy policy

Infrastructure and Construction Law in Kenya

Large infrastructure projects in Kenya — including roads, ports, bridges, and public buildings — are typically structured as public-private partnerships (PPPs) under the Public Private Partnerships Act. OLM Law advises sponsors, contractors, and funders on the legal aspects of infrastructure development in Kenya, including:

  • PPP agreement structuring and review
  • Construction contracts (FIDIC, NEC, and bespoke forms)
  • Dispute resolution arising from construction and infrastructure projects
  • Procurement compliance under the Public Procurement and Asset Disposal Act