Energy Law, Infrastructure & Public- Private Partnerships

Uganda’s energy land scape is evolving rapidly with numerous changes to the law, policy and general energy practice. The opportunities for investment in this fast changing energy landscape are enormous. The sector has attracted billions of dollars in investment arising from the good returns that investors enjoy accompanied by an enabling investment and regulatory environment.

KAA’s energy, infrastructure and Public- Partnership practice lawyers are actively engaged in supporting clients with the development of energy projects in the country and the region. Our energy law practice team has the distinction of having deep knowledge, understanding, and experience of the Energy industry, both within Uganda and the entire East African region. The practice team is able to support its clients through the entire energy project implementation value chain from planning to obtaining regulatory approvals, negotiating the requisite offtake and other related agreements all through to commissioning of the projects.

Led by a partner who has dedicated his career to working in the energy industry, the team is well placed to offer commercial astute legal support for sophisticated transactional, regulatory, and litigation matters.

In the energy sector, the firm has acted as lender's legal counsel, counsel to landowners, project developers, suppliers, and contractors in hydroelectric projects, and solar energy facilities. The firm has advised on Licensing, Power Purchase Agreements, Project Finance, Energy Regulation, Restructuring, Legal Audit, Mergers &Acquisitions, Joint Ventures, and Commercial Operations among others.

The energy practice is supported by a vibrant practice in the areas of tax, employment, intellectual property, land conveyancing and corporate advisory. This enables KAA to offer the client a wide range of services in house.

Milestones

Arpe Limited on the Agago- Achwa hydropower project of 83MW: – This project was licensed by the Electricity Regulatory Authority (ERA) KAA is currently acting for the developer during project implementation.
Mota Engil Africa: – The firm, together with Simmons and Simmons LLP, has advised Mota Engil Africa on its plans to build a 392 MW Hydro Power plant at Ariang.
Muvumbe Hydro Limited: This is owned by Vidullanka Plc Muvumbe Hydro Power Project, of 6.5MW. This project was licensed by the Electricity Regulatory Authority and also qualified for the Global Energy Transfer Feed-in-Tariff Program (GETFiT program).
R & I Hydro Power Limited: – KAA advised on the construction of a 10MW dam in Uganda.
Hemas Power Limited: – KAA advised on the Butama hydropower project of 5MW.
Berkeley Energy Fund: KAA advised this client on the Achwa HPP3 project of 9.9 MW, 7.6 MW, and 5 MW.
Absolute Energy: – KAA advised this client on the implementation of power projects in various off-grid areas in Uganda.
Bujagali Energy: KAA is currently representing and advising the Client on a wide range of matters relating to tariff, taxation, capacity payments, and issues arising from the Power Purchase Agreement and generation licence on this 250 MW hydropower station.

Infrastructure and Public-Private Partnerships.

Acting as the principal legal advisor for an international Italian construction company in a USD 379 million worth project in negotiations with government officials on project documents including project framework agreements including Term Sheets, Project Works Investment Agreement and a Project Services Agreement for a project involving the design, finance, construction, equipping and operation of a specialized hospital for the Government of Uganda.
Providing legal support on the Uganda Police Force Private Public Partnership in relation to the Development of accommodation units for the Uganda Police Force project worth USD. 400 million.
Advised a Property Company in a Public Private Partnership project for the development of a satellite town in Kampala.
Advised various clients on the development of hydro power projects.
Acted as Ugandan legal expert for Castalia LLP in the preparation of Uganda’s Public Private Partnerships Bill.

Articles on Energy Law, Infrastructure & Public- Private Partnerships

South Africa’s Eskom problem; Lessons for Uganda’s Electricity Sector

Tue Mar 5, 2024