We advise on complex, capital-intensive infrastructure projects that define the future of Kenya and the region. We work with governments, private investors, multilateral lenders, and developers to structure legally sound, commercially viable infrastructure arrangements across a wide range of sectors. Our expertise spans the entire lifecycle of infrastructure delivery—from project conceptualisation and financing, through regulatory compliance and contract execution, to dispute management.
We approach projects and infrastructure advisory in a multidisciplinary manner, combining deep legal knowledge with sector-specific insights in transport, energy, ports, water, technology, and social infrastructure. Whether acting on behalf of the state or private sponsors, our team is skilled at navigating the legal intricacies of large-scale developments, ensuring that agreements are enforceable, risks are mitigated, and stakeholder expectations are aligned.
As Kenya continues to embrace sustainability, digitisation, and inclusive growth, we are also pioneering advisory services in emerging areas such as Public-Private Partnerships (PPPs), carbon credit projects, social infrastructure, and climate-aligned finance. We view infrastructure not just as physical assets but as catalysts of socio-economic transformation and impact.
Key Capabilities
Public-private partnerships
Real estate transactions are foundational to investment, development, and economic growth in Kenya. We advise private investors, developers, corporate entities, institutions, and landowners on the legal intricacies of acquiring, disposing of, and managing real estate assets. Whether the transaction involves residential, commercial, industrial, or mixed-use property, we ensure legal clarity, due diligence, and risk mitigation at every stage.
Our team offers end-to-end support from contract negotiation and title verification to registration and regulatory compliance. We regularly advise on sale and purchase agreements, lease agreements (including long-term and controlled tenancies), and portfolio restructuring. We also assist clients with strategic land banking and bulk acquisitions, including transactions involving public land or foreign ownership restrictions.
Given the evolving real estate landscape, we take a proactive approach to managing risks associated with zoning, tenure, land-use restrictions, and emerging digitisation in the Lands Registry. We ensure our clients’ interests are protected and that their transactions are not only legally sound but also commercially viable in the long term.
We provide strategic legal counsel for land acquisition, commercial deals, leases, and asset transfers.
Project Finance
The team provides end-to-end legal support in structuring, negotiating, and executing project finance transactions across key sectors, including energy, transport, water, and social infrastructure. Our approach aligns with international best practice while remaining tailored to the needs of emerging markets.
We advise on risk allocation, bankability, and security structures across financing models, including Public-Private Partnerships (PPPs), concession frameworks, and blended finance structures. Our team is experienced in reviewing and drafting project documents such as loan agreements, direct agreements, government support letters, and inter-creditor arrangements.
With deep familiarity with multilateral institutions, export credit agencies, and development finance mechanisms, we help clients navigate complex financing layers. We are equally active at the due diligence and financial close stages, ensuring projects are both legally sound and operationally feasible.
We support clients in financing major infrastructure and energy projects. Structuring secure, scalable financing for capital-intensive ventures.
Public-private partnerships
The team provides end-to-end legal support in structuring, negotiating, and executing project finance transactions across key sectors, including energy, transport, water, and social infrastructure. Our approach aligns with international best practice while remaining tailored to the needs of emerging markets.
We advise on risk allocation, bankability, and security structures across financing models, including Public-Private Partnerships (PPPs), concession frameworks, and blended finance structures. Our team is experienced in reviewing and drafting project documents such as loan agreements, direct agreements, government support letters, and inter-creditor arrangements.
With deep familiarity with multilateral institutions, export credit agencies, and development finance mechanisms, we help clients navigate complex financing layers. We are equally active at the due diligence and financial close stages, ensuring projects are both legally sound and operationally feasible.
We support clients in financing major infrastructure and energy projects. Structuring secure, scalable financing for capital-intensive ventures.
ESG, Climate Action and Compliance
As the global economy shifts toward sustainability, carbon markets and climate-aligned investments are becoming integral to infrastructure and energy development. We provide legal advice to clients engaging in carbon credit projects, emissions trading, and climate finance structures.
Our team also assists project developers, investors, and governments in navigating regulatory frameworks, international standards, and monitoring, reporting, and verification requirements under various mechanisms, including the Paris Agreement and regional carbon market initiatives. Our services include drafting and negotiating carbon agreements, emission reduction purchase agreements, joint venture agreements, and financing arrangements, ensuring compliance with both domestic law and international best practice. Beyond carbon credit transactions, we support clients in structuring green bonds and blended finance mechanisms to mobilise capital for climate-resilient infrastructure. Our approach balances commercial viability, legal soundness, and environmental integrity, allowing projects to achieve both investment goals and measurable climate impact.
We provide legal support for carbon markets, climate finance, and emissions trading. We also structure sustainable investments that deliver both returns and climate impact.
In addition, we provide legal advisory regarding drafting and negotiating Engineering, Procurement, and Construction (EPC) and construction contracts, as well as managing dispute resolution. Further, we ensure that projects meet sector-specific regulations, environmental standards, and permitting requirements. We also provide legal support for water systems, sanitation, and other public utility developments.
Key Contacts
Holiness Lumbi
Partner, Head of Projects, Energy & Infrastructure
E: hlumbi@ashitivaadvocates.com
