Beatrice Nyabira is the Partner in charge of the Projects and Infrastructure practice at IKM. With over 10 years of experience in corporate practice, she has specialised in projects and infrastructure and has acted for clients across the entire value chain of projects, including public sector entities, commercial lenders and project sponsors in energy, oil and gas, mining, infrastructure, Public-Private Partnerships (PPP), public procurement and Government contracting.

Some of the mandates in which Beatrice has been involved include geothermal power projects, solar photovoltaic projects, a wind power project, construction of a bridge through a PPP, and the procurement of medical equipment under a managed equipment services (MES) arrangement.

Beatrice also has experience in mergers and acquisitions, capital markets and corporate restructuring. Her cross-border reach covers 21 jurisdictions in Africa.

 Chambers Global 2016 reports that “she asks the right questions and gives a variety of options” and “attracts praise for her flexibility and pragmatic advice”. Chambers Global recognised Beatrice over the past few years as one of the outstanding commercial lawyers in Kenya.

Career

Beatrice began her legal career in 2004 as a Pupil at IKM and was appointed as an Associate to the firm’s Commercial and Corporate practice in December 2005 upon her admission to the Bar. She rose through the ranks and was appointed as a Partner in the Commercial and Corporate practice in January 2011. In April 2014, Beatrice helped IKM set up its Projects and Infrastructure practice. She is now wholly dedicated to this practice area and has been instrumental in securing numerous transactions in the areas of energy, infrastructure, PPPs and public procurement.

Credentials

Education

  • University of Nairobi: Bachelor of Law (LLB) (1999 – 2003)
  • Certified Public Accountant (CPA Section 5) (1998 – 2001)
  • Kenya School of Law (2004 – 2005)

Professional Qualifications

  • Law Society of Kenya
  • Chartered Institute of Arbitrators
  • Post admission experience: 10 years
  • Admitted as an Advocate of the High Court of Kenya (2005)

Key experience

  • Advising the lenders in a 981.75 MW Coal Fired Power plant by an independent power producer.
  • Advising the developer of solar power projects of up to 2000 MW being undertake in phases.
  • Advising senior lenders on the development and construction of a 70 MW geothermal power plant and related facilities in Nakuru County.
  • Advising the developer in a 140 MW geothermal power project by an independent power producer.
  • Advising the developer of a 100 MW wind farm located in Kajiado County, Kenya.
  • Advising a client in the process of acquiring the corporate capital of an SPV that is developing a 40 MW Solar Energy Project in Kericho County, Kenya.
  • Advising the developers in a 40 MW solar power project in Rumuruti, Kenya.
  • Advising the developers in two 40 MW solar power project in Uasin Gishu County, Kenya.
  • Advising the sponsor of several hydro electric power projects.
  • Advised the developers of a small scale off-grid wind hybrid power plant in Kenya on the identification and mitigation of risks associated with the project.
  • In association with South Sudan Counsel, advised on a Hydro Power Project in South Sudan.
  • Advising the Kenya Ministry of Healthon the procurement of critical medical equipment for 98 public hospitals across kenya using a managed equipment service (MES) arrangement.
  • Advising the Kenya Government on a proposed Second Nyali Bridge PPP project in Mombasa County, including assisting the government to procure a private party concessionaire.
  • Advised a bidder in the procurement of a concessionaire for Phase 1 of the second Container Terminal Port of Mombasa, Kenya, under a PPP arrangement.
  • Advising the developer of a special economic zone PPP project in Mombasa, Kenya.
  • Advising the Export Processing Zones authority on proposed strategic interventions to enhance the investment environment and increase domestic and foreign investments in kenya's Textile and Apparel manufacturing sectors.
  • Advised a private party on an education PPP proposed to be undertaken as a Privately Initiated Investment Proposal.
  • Advised the developer on an urban renewal project proposed under the PPP framework entailing the demolition of older housing estates and the design, financing and construction of over 80,000 new houses together with supporting infrastructure, including a shopping mall and a parking complex in the Eastlands area of Nairobi County, Kenya.
  • Acted for the providers of equity/mezzanine debt for contractors constructing roads assisgned in lots under the Kenya Ministry of Transport & Infrastructure's Roads 10,000 programme for the development of a total of 10,000 km of roads (Phase 1 being for 2,000 km).
  • Advised an international construction company on the structuring of a proposed road infrastructure project in Kenya.
  • Advised a potential developer on the Lamu Port Southern Sudan-Ethiopia Transport (LAPSSET) Corridor project that was being structured as a PPP.
  • Acted for a client in a PPP transaction with the then Nairobi City Council (now Nairobi City County) for a development involving the construction of shops, offices and similar conveniences.
  • Acted for a client in a PPP transaction with the then Nairobi City Council (now Nairobi City County) for development of a social hall in Nairobi.
  • Advised an international oil and gas exploration and development company on its rights under a production sharing contract with the Government of Kenya for the acquisition of on-shore exploration blocks.
  • Advised the Kenya subsidiary of an international energy company on its rights under three production sharing contracts awarded by the Government of Kenya for the acquisition of deep water and ultra-deep water exploration blocks.
  • Advised an international services provider on the licensing regime for the provision of waste management services to international oil and gas exploration companies in Kenya.
  • Advised several entities in the petroleum sector on regulatory matters and compliance.
  • Involved in the legal due diligence of a leading bank in Kenya with subsidiaries in Uganda, Tanzania, Rwanda, Burundi and South Sudan. The transaction was a precursor to a corporate restructuring through the formation of a Non-Operating Holding Company domiciled in Kenya.
  • Involved in a due diligence and restructuring exercise for a group of eight companies in various sectors, including agriculture, insurance, real estate and motor vehicle franchising.
  • Involved in the corporate reorganisation of a leading group of companies with interests in farming, real estate and hotels.
  • Involved in a legal and tax health check on one of the largest non-profit corporations registered in the state of Washington, USA with operations in 21 countries in Africa.
  • Involved in a legal due diligence for a local bank that was sought equity financing and wished to take remedial measures ahead of a due diligence by a private equity investor.
  • Advised a leading financial institution on the process and feasibility of setting up a bancassurance business model in Kenya and the acquisition of a target insurance company.
  • Advised a DFI on financing a company incorporated in South Sudan by way of debt.
  • Advised a local petroleum company on the purchase of assets of another company in a deal worth approximately US$14,5 million.
  • Advised a leading public company on the cross-listing of its shares on the Uganda Stock Exchange (USE), the then Rwanda Over The Counter Market (ROTC Market) and Dar es Salaam Stock Exchange (DSE).
  • Advised the Capital Markets Authority (CMA) on proposed amendments to the fixed income provisions where trading of fixed income securities is outside the approved securities exchange.

Experience record

  • 2003

    Pupil - IKM

  • 2005

    Associate, Commercial and Conveyancing practice – IKM

  • 2008

    Senior Associate, Commercial and Conveyancing practice – IKM

  • 2011

    Partner, Commercial and Corporate practice – IKM 

Languages spoken

  • 100
English - Excellent
  • 80
Kiswahili - Good
  • 60
French - Fair

Market recognition

Beatrice Nyabira is recognised for her project work, including Public-Private Partnerships (PPPs). “She asks the right questions and gives a variety of options.”

Chambers Global 2015