Cynthia Olotch is a Senior Associate in the Projects and Infrastructure practice of IKM, specialising in public procurement, public-private partnerships (PPP),  energy and Mining. Some of the recent mandates in which Cynthia has been involved include Solar and Geothermal power projects by independent power producers, a PPP bridge project, a project for the development of industrial parks, and a managed equipment services contract for medical equipment.

Career

Cynthia previously worked as the head of Legal and Intergovernmental Relations at the Transition Authority, and as Senior State Counsel in the Treaties and Agreements Department of the Office of the Attorney General of Kenya.

Credentials

Education

  • University of Nottingham, Master of Law (LLM) in International Commercial law (2009)
  • United States International University (USIU-A), Master of Arts (MA) in International Relations (2006)
  • University of Nairobi, Bachelor of Law (LLB) (2002)
  • Kenya School of Law, Diploma in Law (2004)

Professional Qualifications

  • Law Society of Kenya
  • Admitted as an Advocate of the High Court of Kenya (2004)

Key experience

  • Advised the Kenya Government on the acquisition of medical equipment for 98 hospitals in all 47 counties in Kenya through a managed equipment services (MES) arrangement. The brief involved advising the government on the optimal procurement process under Kenya’s Procurement law as well as the laws on PPPs; drafting the tender documentation and assisting government in the evaluation process; preparing the relevant agreements, including the MES contract and funders’ direct agreements; and generally advising the government on all issues arising within the course of the procurement.
  • Advised a state corporation on a PPP involving the setting up of industrial parks in various parts of the country. The brief involved advising on the procurement process, conducting legal due diligence as well as drafting the relevant transaction documents with respect to the project.
  • Involved in advising on the proposed Second Nyali Bridge PPP project in Mombasa County. The brief involved examining and advising on all the relevant laws, policies, regulations and related issues; advising on all approvals needed (i.e. approval as a PPP project and environmental approvals); land acquisition; carrying out a legal due diligence and feasibility study; preparing the project and bid documents; assisting the client to procure the private concessionaire under the Public-Private Partnerships Act and the regulations made there under; and generally advising the Government of Kenya on the most optimal PPP structure to adopt.
  • Involved in advising on a 40 MW solar power project in Rumuruti, Kenya. The scope of Cynthia’s work included legal due diligence investigations, reviewing, commenting on, drafting and negotiating the project agreements, including a PPA with KPLC, all the land agreements, the appraisal, construction and operating period agreements, and negotiating government support arrangements in connection with the project.
  • Formed part of a legal team that advised a company that was seeking to set up a Geothermal power plant in Kenya.
  • Formed part of the government team that worked on the coal mining project in Kitui County. The scope of work included conducting a legal due diligence, advising on the procurement process of identifying a suitable concessionaire, assisting in the drafting, negotiation and finalisation of the project agreements as well as working with the relevant ministry in preparing documentation for purposes of cabinet approval.
  • Provided legal support to the Government of Kenya in conducting a due diligence, negotiating and drafting a contract for the production and supply of the third generation national identity cards in Kenya.
  • Provided legal advice and drafted intergovernmental agreements between the National Government and County governments on various joint projects conducted by the two levels of government in Kenya.
  • Cynthia has been a researcher at the International Institute for Unification of Private Law (UNIDROIT) in Rome, Italy. She was part of a team conducting research on the harmonisation of international private law. This included assisting UNIDROIT achieve its mandate of studying the needs and methods for modernising, harmonising and co-ordinating private and, in particular, commercial law as between States and groups of States and to formulate uniform law instruments, principles and rules.
  • Cynthia has volunteered at the International Development Law Organisation (IDLO) in Rome, Italy where she worked on development projects geared towards strengthening the rule of law in Kenya, Uganda and South Sudan.
  • Advised an international construction company on the setting up of the first special economic zone in Kenya.
  • Advised the Government of Kenya on the acquisition of medical equipment for 94 hospitals in all the 47 counties in Kenya, through a Managed Equipment Services arrangement.
  • Advised on a bridge project that was being procured as a public private partnership.
  • Advised 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 multinational information technology company in the Kenyan Ministry of Education, Science and Technology’s programme to roll out ICT equipment in public schools.
  • Advised an independent power producer registered in Mauritius with respect to two 40 MW solar power projects to be developed in Kenya.
  • Advised the developer of a 140MW geothermal power project.
  • Advised the developer of various hydro power projects across Kenya.
  • Advised an independent power producer on the development of a 70MW geothermal power project in Kenya
  • Advised an international oil company on a production sharing contract.
  •  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 the Government of Kenya on a number of production sharing contracts.
  • Advised the Government of Kenya on a coal mining project in Kitui County.

Experience record

  • 2002

    Trainee Advocate – Shapley Barret and Company Advocates

  • 2003

    Legal and Compliance Officer – Nairobi Securities Exchange

  • 2006

    State Counsel – Treaties and Agreements Department, Office of the Attorney General of Kenya

  • 2012

    Head of Legal and Intergovernmental Relations – Transition Authority

  • 2015

    Senior Associate in the Commercial and Corporate practice  – IKM

Languages spoken

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