PRIVATISATION, PROJECT FINANCE & INFRASTRUCTURE
Kaplan & Stratton is well reputed in Kenya for privatisation transactions, through which government-controlled companies become privately run. Privatisations are particularly demanding transactions which combine political, legal and economic decision-making. Our lawyers work collaboratively with other advisors and take advantage of our industry-specific expertise in a wide range of business sectors, including telecommunications, finance, manufacturing and power.
Our infrastructure team handles contentious and non contentious legal work associated with projects and real estate practice.
Our areas of specialisation:
- PPP/PFI
- Power infrastructure
- Transport infrastructure
- Commercial and housing
- Mining
- Secondary market acquisitions
RECENT TRANSACTIONS
- We acted in a US$ 2 billion pre-delivery and delivery financing for Kenya Airways Limited of 10 Embraer E-190 aircraft, 9 Boeing 787 aircraft and 1 Boeing 777 aircraft.
- KenGen – project loan finance; advising project financiers 2005 – 2009.
- Financing of Kenya Electricity Generating Company Limited acting for European Investment Bank on a Euro 32.5 million project for the expansion of Olkaria II Geothermal Power Station.
- We were the principal and sole legal transaction adviser for France Telecom on its US$390m acquisition of 51% of Telkom Kenya from the Government.
- We were legal advisers on the PTA Bank KES 1 billion medium term note issue listed on the Nairobi Stock Exchange arranged by Standard Chartered Bank.
- Acted for Orpower 4 Inc in US$ 310,000,000 facilities for 84MW Olkaria III Geothermal Power Project.
- Advised Tower Resources plc in the review of transaction documentation; provision of Kenyan legal opinion for prospective financiers.
- Conducted due diligence for party considering entering into Farm-in arrangements in relation to two offshore Blocks while advising on offshore drilling rights.
- Provided detailed advice in relation to the taxation consequences of a Farm-Out Agreement and associated assignment under a Production Sharing Contract while considering the implications of changes in the relevant law contained in the 2012 and 2013 Finance Acts.
- We acted as Kenyan counsel to Cove Energy plc in the disposal of Kenyan offshore exploration rights and production sharing contracts.
- We were the Kenya counsel for the arranger and lenders in US$ 190,000,000 syndicated term loans for Base Titanium Limited.
- Acted in a € 7,850,000 loan to Elgon Road Developments Limited for the construction of a new 5-star hotel in Nairobi.
- We acted as transaction counsel for Medium term finance for a shopping mall development in Nairobi. Deal value: KES 877,440,000.
- We advised the lead arranger (Citibank N.A.) on the financing of Safaricom Limited’s increase in facility under a Euro syndicated ECA facility for Euros 18 million.
- We were the transaction advisers for a Shilling syndicated loan (approximately USD 80 million) transaction for Celtel Kenya.
- Acted as Kenyan counsel to the lenders and arrangers of a syndicated loan to Total Kenya Limited in connection with its acquisition of Chevron Kenya Limited.
- Deal value: KES 4,680,000,000. We advised on the Magadi Soda Company Limited pure soda ash expansion involving project financing of over USD 98 million.
