Projects & Infrastructure Law

Large projects bring together land, contracts, financing and regulation, and a delay in any one of them can stall the whole. We advise across the project lifecycle.

Legal clarity from the first plan to the final handover

Infrastructure and large projects, such as roads, water systems, housing estates, schools, hospitals, power plants and commercial developments, involve many parties, long timelines and large sums of money. They bring together landowners, developers, contractors, designers, financiers, public bodies and communities, and each relies on contracts and approvals that must work together. Our projects and infrastructure advocates advise clients on the legal structure of projects, help them manage risk and support them when problems arise.

Projects in Kenya touch many laws, including the Land Act, the Physical and Land Use Planning Act, the Environmental Management and Co-ordination Act, the Public Private Partnerships Act, the Public Procurement and Asset Disposal Act and county building and planning rules. Understanding how they fit together at the start avoids costly surprises.

Land, approvals and compliance

Every project needs land and permission to build on it. We help developers and public bodies to acquire or lease land, confirm title, deal with compulsory acquisition and compensation, and negotiate with landowners and communities. We then guide clients through planning approvals, environmental impact assessments, licences and building permits, so that the project can proceed lawfully and is not stopped by a court order or a regulator's notice.

For clients in Kangema and Murang'a County, this includes working with county planning authorities and national agencies such as the National Environment Management Authority.

Contracts, financing and public-private partnerships

Large projects depend on well-drafted contracts. We prepare and review construction and engineering contracts, consultancy and design agreements, supply contracts and project management agreements, dealing with scope, price, time, variations, delays, defects and payment. We set responsibilities clearly so that risk sits with the party best able to manage it.

Where financing is needed, we advise on loan agreements, security documents, guarantees and the requirements of lenders. For public-private partnerships, we advise public entities and private partners on structuring the arrangement, procurement, risk allocation and the contracts that govern design, construction, operation and transfer.

Resolving project disputes

Even carefully planned projects can face disputes over delay, defective work, variations, payment and termination. Early action is important, because project disputes become more expensive the longer they run. We advise on notices and claims required by the contract, and we use negotiation, mediation, adjudication and arbitration, which are often quicker and better suited to technical disputes than the courts. Where litigation is unavoidable, we work with our litigation practice to protect your position.

If you are planning a project, negotiating a contract or facing a dispute, contact us early. Bring any draft contracts, approvals, title documents and correspondence, and we will advise on the legal steps that will keep your project on track.

Managing risk early

The most expensive project problems usually begin with an unclear contract, an overlooked approval or a landowner issue that was never resolved. We work with clients before ground is broken to identify these risks, record who is responsible for each and build in practical ways to deal with change. Regular legal check-ins during construction, including reviewing notices, variations and payment claims as they arise, help keep problems small and the project on schedule.

At a glance: what we handle

• Project and construction contracts
• Land access and acquisition for projects
• Public-private partnership arrangements
• Project financing and security documents
• Regulatory approvals and compliance
• Contract and project disputes