POWER AND ENERGY

Kaplan & Stratton’s is particularly noted for our leading practices in energy project development and finance, governmental energy funding, public private partnerships, and venture capital and emerging company representation in the power generation sector. Our reputation is built on our long experience of advising companies, governments and financiers coupled with excellent industry knowledge having worked with several energy companies.
We advise regularly on domestic and international projects across all areas of the energy industry, covering upstream project development, pipelines, LPG projects, wind power projects, refineries, petrochemicals, and renewable energy. We are also involved at the cutting edge of emerging energy initiatives such as biofuels.

Our areas of specialisation in this field cover:

  1. Project Finance
  2. Energy Company and Project M&A
  3. Tax planning in relation to energy project financing
  4. Energy Regulatory, Licensing and Permitting
  5. Energy Company Insolvency and Restructuring
  6. Energy Regulation and Litigation

RECENT TRANSACTIONS

  • Acting in an ongoing due diligence for equity investors Lake Turkana Wind Power project.
  • Acted for Orpower in a USD 310 million refinancing by OPIC for the expansion of the geothermal project in Olkaria.
  • Conducted due diligence on behalf of prospective financiers for Kinangop Wind Park.
  • Acted for Ormat International on a US$ 250,000,000 power project, The transaction involved advising Ormat on the re-financing and operation of one of Kenya’s largest geothermal power projects.
  • Advised on the taxation consequences for Farm-Out Agreement in the petroleum exploration sector including advice on the introduction of capital gains tax in the mining and petroleum sector.
  • Provided taxation advice for an independent power producer (geo-thermal) and on its corporate structure.
  • Provided general taxation overview for prospective investor in photo-voltaic energy project.
  • Conducted due diligence for party considering entering into Farm-in arrangements in relation to two offshore Blocks while advising on offshore drilling rights.
  • Acted for Titanium project in the acquisition of titanium mining licences and associated assets.
  • Acted as Kenyan Counsel to Puma Energy LLC in the proposed acquisition of KenolKobil Limited (regional oil marketer listed on the Nairobi Securities Exchange).
  • Acted for WestLB AG and other arrangers in a US$ 170,000,000 syndicate loan financing for the Kwale mineral sands project and associated development in the Port of Mombasa.
  • We acted for VTTI Kenya Limited, Mombasa in the purchase of an Oil Terminal and all related facilities.
  • We acted as Kenyan counsel to Cove Energy plc in the disposal of Kenyan offshore exploration rights and production sharing contracts.
  • Acted for a syndicate of 5 multi-national banks lending to Kenya Pipeline Company limited for one of the largest cross-country pipeline projects.
  • We advised AFD – a French Development partner on a loan facility to Kenya Electricity Generating Company Limited (KENGEN) for combined cycle power plant with a power capacity of approximately 100MW.
  • Rabai Power Project; advising the sponsor – Advisers to independent power producer.
  • Rwanda Gas Energy Project – Legal consultant for proposed development of a gas powered energy plant in Rwanda.
  • Working with the Adam Smith Institute on a major study of ports, power, telecommunications, water, railways covering a infrastructure legal and regulatory review study.
  • Acted in relation to the Kipevu II – Tsavo Power, an independent power producer – Financing, security and project documentation; security enhancement; related Government assurances and regulatory requirements.