Kenya’s infrastructure pipeline, expressways, energy, water, ports, and digital infrastructure, is increasingly delivered through public-private partnerships and structured finance. Our project finance and infrastructure practice advises sponsors, lenders, contractors, and public entities on structuring, procurement, and financing under the PPP Act 2021.
What our project finance and infrastructure practice covers
- PPP advisory under the PPP Act 2021: procurement routes, project agreements, and stakeholder processes
- Conventional and Islamic finance structures, including sukuk and istisna’a arrangements
- Construction and engineering contracts (FIDIC-based and bespoke)
- Security packages, intercreditor arrangements, and lender direct agreements
- Energy and natural resources advisory, including PPA negotiations
- Cross-border investment structures and regulatory approvals
What changed under the PPP Act 2021?
The PPP Act 2021 decentralised project approval through contracting authorities at national and county level, created the PPP Directorate under the National Treasury, and introduced frameworks for directly negotiated projects and private proposals. For sponsors and lenders, the practical questions are procurement route, risk allocation, and lender step-in rights, areas where early structuring pays for itself.
How is Islamic finance used in Kenyan projects?
Sharia-compliant structures, including istisna’a for construction and sukuk issuance for long-term funding, are increasingly used alongside conventional facilities. We advise on documenting these structures within Kenyan security and regulatory frameworks so that both conventional and Islamic financiers can participate in the same project.
Illustrative examples
The examples below describe typical situations and the kind of work usually involved. They are illustrations only: they are not client matters, not descriptions of results, and not a prediction of how any particular matter would be handled.
- Example one: a sponsor preparing a PPP bid. A sponsor is preparing a bid for an infrastructure project under the PPP Act 2021. The work usually involves mapping the procurement route, reviewing the project agreement and risk allocation, and identifying the approvals the bid depends on.
- Example two: a lender reviewing its security position. A lender is asked to fund an energy project and needs to understand its security position. The work usually involves reviewing the security package, the intercreditor arrangements and the direct agreements, and reporting on the gaps before financial close.
Structure your project with experienced counsel
Book a confidential consultation with an advocate in our project finance practice in Westlands, Nairobi, from feasibility-stage structuring through financial close.
We will call you back within one business day. If the matter is urgent, call the switchboard on +254 20 80 93 000.
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