PRACTICE AREAS

Energy, Environment and Natural Resources

Energy, Environment and Natural Resources

OSEKO ADVOCATES LLP offers a wide spectrum of legal and consultancy services in energy, environment and natural resources sectors. Our team comprises of energy and environmental professionals who provide counsel in the electrical energy, oil, natural gas, water, telecommunication and all forms of renewable energy sectors. Our lawyers and consultants have direct industry experience having worked in the energy and utility industry for many years. Some of the capabilities that our Firm has include:

  • Development of power projects: Our lawyers and consultants offer advisory services in the development of power projects right from feasibility studies, approval processes, development phase (including managing EPC contracts) and operation phase.
  • Negotiating, drafting and developing Power Purchase Agreements (PPA), EPC Contracts, Petroleum Sharing Agreements (PSC) and other contracts in the energy sector.
  • Management of the regulatory and policy environment in the energy market.
  • Drafting and development of legislative instruments including energy laws, policies and regulations and general energy market reforms,
  • Resolution of disputes related to energy industry through arbitrations, mediations, negotiations, adjudications and litigation,
  • Representation of our clients in all administrative and judicial proceedings involving a wide range of energy related issues.
Infrastructure and Construction

Infrastructure and Construction

We offer legal support services throughout the construction project lifecycle beginning with project appraisal, feasibility studies, insurance, procurement, contracting, financing, contract administration, commissioning, operation and maintenance. Our services ensure that the project construction scope is achieved within budget and in time. Some of the services we offer include:

  • Negotiating, reviewing and drafting of project procurement, financing and construction documents.
  • Advice our clients on the law and licenses applicable to the infrastructure and construction sub-sector.
  • Contract management and administration services for infrastructure and construction services.
  • Management of construction claims and dispute resolution.
  • Arrangement and development of public private partnership projects.
Commercial and Corporate Governance Services

Commercial and Corporate Governance Services

We provide legal advice and corporate governance services to business enterprises in all sectors of the economy. Businesses require legal counsel as they go about the day-to-day management of their operations. However, hiring a full-time in-house lawyer or company secretary to advise these enterprises may not be viable in terms of cost and the amount of legal work available. OSEKO ADVOCATES LLP offers outsourced in-house legal and company secretarial services on a need basis. We advise companies, Non-Governmental Organizations (NGOs), associations, Societies, corporations and all forms of businesses, their officers, directors, members and shareholders with respect to the formation, governance and day-to-day legal matters of such entities.

In this regard we offer several services including:

  • Company secretarial and board services and related services.
  • Compliance with national and county governments laws, by-laws, regulations, directives and orders.
  • Management of sector stakeholders, influence the legal, regulatory and institutional environment in favor of company business and ensure appropriate licensing, marketing and legal compliance.
  • Management of legal, contractual and operation risks through proper contract and project management and administration.
  • Reviewing proposed legislation and regulations and assisting with the formulation of the Company’s position through preparation of position papers, opinions, briefs and propose amendments to legislation and regulations.
  • Drafting of various agreements including General Commercial Contracts, Supply of Goods and Services agreement, Agency Agreements, Distribution and Supply Agreements and Concession agreements.
Public Procurement and Tendering Processes

Public Procurement and Tendering Processes

We advise private and public enterprises as they participate in public procurements and public private partnerships. We ensure that our clients obtain value for money in their procurements.  Some of the services we offer include:

  • Drafting and development of tender documents,
  • Compiling and submitting of bids,
  • Representing foreign and local clients in their procurement processes,
  • Training our clients on effective procurement practices,
  • Representing our clients on procurement appeals.
International Trade and Investment

International Trade and Investment

We provide strategic and legal advice to our clients in international trade and investments. Our international trade team helps clients manage the risks and maximize the opportunities associated with the increasing regulation of international trade in goods and services. Our practice extends throughout the globe and provides a range of services designed to match the scope of global trade regulation and to answer the needs of our clients wherever and whenever they arise. Our areas of focus include:

  • Negotiating and drafting sound international commercial agreements,
  • Advising our clients on various legal, regulatory, institutional and contractual issues on international trade and investments within the East African region,
  • Assisting our clients expand their businesses regionally and internationally by offering relevant legal advice.
  • We arbitrate any disputes or claims against our clients.
Real Estate and Conveyancing

Real Estate and Conveyancing

In real estate and conveyancing, there is no one size fits all solution. Each problem requires tailor made solutions. Therefore, in offering our services we combine significant experience from a wide range of disciplines and industries. Drawing on the vast knowledge, resources and experience of our firm’s highly experienced attorneys and integrated practice groups, we offer our clients the comprehensive range of legal services required to identify opportunities, manage risks and succeed in today’s volatile global real estate market.

We provide our services to all stakeholders in real estate and conveyancing including the lenders, borrowers, investors, developers or occupiers and service providers. Our focus areas include:

  • Acquisitions, sales & leasing.
  • Environmental development & management.
  • Equity & debt investment structures.
  • Financing, refinancing & capital markets.
  • Special situations.
  • Land transfers.
  • Leases of land, buildings and other users.
  • Change of use of land.
  • Easements, licenses and tenancy transactions.
  • Power of attorneys.
  • Wills and other form of deeds.
  • Mortgages, charges and debentures.

In offering the above services, we ensure that the interests of our clients are fully protected.

Litigation and Alternative Dispute Resolution Mechanisms.

Litigation and Alternative Dispute Resolution Mechanisms.

We represent our clients in commercial & civil litigation matters involving all manner of legal disputes. Litigation does not always provide settlement to all legal disputes. Therefore, we advise our clients on appropriate alternative dispute resolution (ADR) mechanisms to use. Some of the ADR mechanisms that represent our clients in include negotiation, mediation and arbitration.

Succession & Estate Planning

Succession & Estate Planning

At Oseko Advocates LLP, we understand that planning for the transfer of assets, wealth and property to the next generation is a crucial and sensitive process which requires utmost due diligence. Our experienced team of advocates & lawyers advises not only represents clients on succession matters whether testate or intestate, but is also committed to providing comprehensive, tailor-made solutions that work in your best interest.

In this regard, some of the services we offer include:

  1. Wills and estate planning – We assist our clients in drafting legally sound wills, trusts and estate plans that embody the clients wishes while safeguarding their assets.
  2. Probate and estate administration – We guide clients through the probate process, represent and guide them in all the necessary legal proceedings to ensure the efficient distribution of assets and fulfillment of deceased’s wishes.
  3. Representing and advising clients in the process of transfer and distribution of estates.
  4. Creation of valid Trusts
  5. Preparation of powers of attorney
Family Law Practice

Family Law Practice

Our team understands the sensitive nature and bearing family matters have. We are dedicated to working towards ensuring effective legal support for your family matters by ensuring the rights and well-being of our clients is protected.

Some of our practice areas in family law include:

  1. Divorce and Separation – Our team offers comprehensive legal support, advice and representation to clients seeking divorce or separation. Our goal is to guide you through the process to ensure it is as smooth as possible while protecting your best interests.
  2. Prenuptial and post-nuptial agreements – We assist our clients to develop legally sound and binding that protect their property and reflect their financial expectations in the event of divorce or separation.
  3. Child custody – Our experienced ensure effective representation of clients in child custody matters before Court. We also help parents establish child custody and visitation arrangements that prioritize the best interests of the child while ensuring that our client’s parental rights are upheld.
  4. Child support and spousal maintenance
  5. Domestic violence and restraining orders.
  6. Mediation and collaborative law
Intellectual Property and Data Protection

Intellectual Property and Data Protection

At Oseko Advocates LLP, we specialize in delivering comprehensive legal services in the dynamic fields of intellectual property and data protection. With a dedicated team of experienced lawyers, we are committed to safeguarding your most valuable assets and creation of the mind. Whether it’s patent, trademark, or copyright matters, or ensuring your business complies with data protection regulations. We offer tailored solutions that combine legal expertise with a deep understanding of the digital landscape. We pride ourselves on protecting innovation, creativity, and sensitive data, helping clients navigate the complex legal terrain with confidence and precision.

Research, Training and Capacity Building

Research, Training and Capacity Building

We conduct research and offer training in various areas of energy project development and policies. We organize various capacity building activities within the energy sector to ensure that our clients realize their development goals while enhancing the abilities that will allow them to achieve measurable and sustainable results. We also offer tailor made courses and general seminars & conferences focusing on topical issues in the energy and construction sector.  These consultancies are also offered in conjunction with our affiliate company Centre for Energy and Construction.

The courses are intended for project managers, contract managers and administrators, engineers, professionals from government ministries and agencies, consulting professionals, legal advisors and all professions involved in the energy and construction sectors.

Course Title

Description

Project Management and Administration

The course provides knowledge and skills necessary in project planning, procurement, financing, management, monitoring, leadership and administration of construction contracts. Participants will be exposed to key elements necessary to effectively manage risks, monitor and evaluate infrastructure projects. They also learn how to design, develop, and implement effective technical and financial contract compliance and reporting programs for private sector contracts in the energy, water, solid waste, information technology, transportation, municipal services, health, and housing sectors.

The course discusses and examines FIDIC Contracts and other contract forms, which are preferred by international construction agencies including financiers like World Bank, KfW and EIB among others. The course is structured to offer the trainee maximum benefits and is offered through lectures, discussions and case studies.

Construction Claims Management and Dispute Resolution Mechanisms

This course will provide participants with in-depth overview of the tools you need to prepare, respond to and manage in construction claims. Participants will learn how to correctly identify situations that give rise to a claim, how to calculate the value of a claim and how, by way of a step-by-step process, to compile a claim submission into a persuasive argument which will help the claim to succeed. The course also deals with the analysis of claim submissions and the preparation of responses to claims. The course also imparts skills on various dispute resolution including negotiation, mediation, adjudication and arbitration.

Negotiation, Drafting, Financing and Management of Energy Contracts

This course is designed to ensure participants learn how to use, prepare, negotiate, finance and manage energy contracts. These contracts include Power Purchase Agreements (PPAs), EPC Contracts, Financing Agreements and Petroleum Sharing Agreements.

A mixture of case studies, lectures and analytical exercises will be utilized in order to provide the perfect blend of theory and practical applications. The course will cover all the relevant issues in the energy sector. During the course, the key features of different energy contracts are to discuss in depth the way in which risks could be assessed and effectively managed.

Procurement of Infrastructural Projects: The Law and Practice

Offering candidates an overview of Kenya’s public sector procurement, this programme places a special focus and emphasis on procurement for construction and engineering projects. The course also provides candidates with valuable skills with regards to planning, implementation and management of construction and engineering projects and tenders in accordance with the requirements of the Public Procurement and Disposal Act and other procurement regulations issued by various financial institutions.

Candidates are taken through legislation and policies governing and impacting on construction procurement in Kenya. Participants shall be taken through various procurement strategies and principles, based on local and international perspectives.

Tailor-Made courses

CEC also has the capacity of organizing, developing and conducting trainings in various topical issues involving energy and construction sectors. These tailor made courses shall be developed to address our participants’ unique needs.

Clientele

OUR REFERENCES

Our clientele includes multinational and local companies in various sectors including public, private and professional bodies. Some of our clients include the following:

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Address

Oseko Advocates LLP
CPA Center,
1st Floor,
Thika Road, Exit 5.

P.O. Box 100052 - 00101
Nairobi - Kenya.