Energy, Mining & Extractive Industries

CM Advocates LLP (hereinafter “CM Advocates”) is a leading Kenya and Eastern Africa region law firm with in-depth knowledge and experience in the energy sector (including renewable energy) and mining industry.

In our practice, we have adopted a multidisciplinary approach which brings lawyers from multiple areas of specialization and with deep industry expertise to provide our clients with a compressive and full spectrum of bespoke legal solutions and advisory and cost-effective services.

We help our clients exploit opportunities in harvesting of energy from both renewable and non-renewable sources as well as related transactional and compliance issues.

Our areas of work include:

• Oil and gas
• Power and utilities
• Renewable energy development
• Water works development

We have expertise to advise clients on various energy related issues including but not limited to the following:

• Transactions involving upstream, midstream and downstream oil and gas operators including exploration, production, transportation, processing and pricing;
• Liaising with the relevant ministries and government departments to seek approvals, letters of comfort etc;
• Electricity generation through conventional power plant projects;
• Renewable energy projects and transactions involving geothermal, hydro, wind or solar energy sources;
• Grids, transmission and other interconnection issues;
• Negotiation of power purchase agreements as well as other relevant agreements including joint venture and joint operations agreements;
• Energy law regulatory issues including development, financing and licensing of power projects;
• Advising on environmental issues, public participation and stakeholders engagements related to energy projects;
• Advising on water works projects including site acquisition, licensing issues and stakeholders engagement;
• Mergers, acquisitions and other share deals;
• Handling and advising on labour, employment and immigration law issues including processing of work permits for investors and expatriate employees;
• Tax law advisory and other statutory compliance issues; and
• Dispute resolution-(litigation before the Energy and Petroleum Tribunal or Court of Law as well as mediation and arbitration).

We act for a variety of entities that operate in the energy sector including developers, owners, operators, upstream, midstream and downstream oil and gas companies, water and sewerage companies, water work developers, EPC contractors, non-operators, co-venturers, engineers, suppliers and funders/investors.

We provide a wide spectrum of legal services in relation to mining and natural resources laws and commercial exploitation thereof.

The Mining Act, 2016 and the regulations thereunder regulate mining in Kenya. Kenyan Mineral Rights Board created thereunder is tasked with advising and giving recommendations in writing to the Cabinet Secretary on granting, rejection, retention, renewal, suspension, revocation, variation, assignment, trading, tendering or transfer of mineral rights. It also has powers to declare certain minerals as strategic minerals and the cessation, suspension or curtailment of production in respect to mining licences. Moreover, it is also charged with the responsibilities of determining fees, charges and royalties payable for a mineral right or mineral as well as advising on areas suitable for small scale and artisanal mining.

Other applicable laws in relation to extractive industries include the Water Act, Forestry Act, National Environment and Co-ordination Act, Investment Promotion Act, Public Procurement and Asset Disposal Act, Wildlife (Conservation and Management) Act and various land related legislations. Besides forestry resources exploitation and water works developments, we serve clients involved in prospecting, extracting, processing, mining, royalty and minerals development.

Our areas of work include –

• Legal due diligence, investigations and advisory;
• Environmental, social, and governance (ESG) advisory and compliance;
• Advising on property rights and access to land as well as physical planning, public participation and stakeholders’ engagement issues;
• Handling and advising on applications for prospecting rights, reconnaissance licences, exclusive prospecting licences, special prospecting licences, mining leases, special mining leases, mineral dealers’ licences and export permits;
• Liaising with Ministries of Land, Petro leum and Mining, Forestry and Environment and Water and Sanitation as well as other relevant departments or agencies like Kenya Mineral Rights Board, KWS, NEMA, the National Treasury, KRA, KenInvest, National Land Commission (NLC) and County Governments for purposes of procuring the relevant approvals and authorisations;
• Handling and advising on issues connected to access to development for water resources for mining operations;
• Handling and preparation or review of concessions or easements agreements and other arrangements related to access to land and relevantinfrastructure development;
• Corporate and commercial transactions- including negotiating specific agreements, sales and purchases agreements, operating and maintenance agreements;
• Finance including debt financing, private equity, corporate finance and commodity finance;
• Taxation and other statutory claims;
• Dispute resolution including litigation, mediation and arbitration;
• Legal and regulatory compliance including occupational health and safety, public procurements, competition laws as well as labour, employment and immigration law advisory; and
• Handling public participation and stake holders’ engagements issues including drafting and review of community development agreements.