Project Development & PPP

MMC Asafo commercial practice lawyers are at the forefront of shaping the emerging area of Public Private Partnerships and Independent Project Developments which are growing rapidly in the East African Region specifically in the energy, transport and real estate sectors. With the advent of the concept of public-private partnership (PPP), the role of Government, both at the national and county level, is being redefined. The State is bound to work for the welfare of the people and it has been interpreted by the Courts that even the private players, wherever there is government participation involved like PPPs, cannot be absolved of the duty of taking care of public interest which then call for strict regulation.

We are at a time when the government and private investors are keen to tap private sector financing and technical expertise in the implementation of various projects. MMC Asafo is deeply involved in the development of innovative legal structures facilitating the collaboration between the public and private sectors. MMC Asafo provides unrivalled expertise in advising the government institutions on strategy options to facilitate the collaboration.

We also pride ourselves on our ability to deliver the highest quality and pragmatic advice to our public and private entity clients on key areas that are specific to such transactions including whether a government entity can enter into a particular PPP arrangement, the procurement process involved and any regulatory concerns.

Proposed concession of JKIA: Advised the Kenya Airports Authority (KAA) on the regulatory matters affecting it as a state corporation as a result of the proposed concession of the Jomo Kenyatta International Airport (JKIA) by Kenya Airways PLC (KQ) as proposed in the Privately Initiated Investment Proposal (PIIP) prepared and submitted by KQ.

• Kenyatta National Hospital: Advised on the development, operation and maintenance of a 300-bed private hospital by Kenyatta National Hospital (the largest national referral, teaching and research hospital in East Africa) proposed to be undertaken as the first health sector public private partnership project.
• Acted for the Public Private Partnerships Unit of the Kenyan National Treasury, as part of the Genesis Analytics Pty-led consortium, on the development, operation and maintenance under a public private partnership (PPP) model of 15,000 bed-capacity students’ hostels to be undertaken by Moi University.
• Acted for the Public Private Partnerships Unit of the Kenyan National Treasury, as part of the Genesis Analytics Pty-led consortium, on the development, operation and maintenance under a public private partnership (PPP) model of 4,000 bed-capacity students’ hostels to be undertaken by the University of Embu.
• Acted for the Public Private Partnerships Unit of the Kenyan National Treasury, as part of the Genesis Analytics Pty-led consortium, on the development, operation and maintenance under a public private partnership (PPP) model of 5,400 bed-capacity students’ hostels to be undertaken by South Eastern Kenya University.
• Acted for the Public Private Partnerships Unit of the Kenyan National Treasury, as part of the Genesis Analytics Pty-led consortium, on the development, operation and maintenance under a public private partnership (PPP) model of 4,500 bed-capacity students’ hostels to be undertaken by Kenya Technical Trainers College.
• Acted for the Public Private Partnerships Unit of the Kenyan National Treasury, as part of the Genesis Analytics Pty-led consortium, on the development, operation and maintenance under a public private partnership (PPP) model of 6,000 bed-capacity students’ hostels to be undertaken by Egerton University.
• Advising an international firm interested in undertaking the construction of the Nyali Bridge (under a PPP model) on all legal aspects of PPP projects in Kenya.
• Advising a consortium in the negotiation of option agreements for a proposed mixed use development on approximately 3,000 acres in Arusha, Tanzania with elements of a public private partnership in the development of a ring road for the greater Arusha area and the development of a power plant to run on natural gas.
• Advising Alliances Development in connection with the PPP project with the State of Cameroon for the design and implementation of the Health and Urban Pole relating to:

1. the design, construction and equipment of 8 Regional Hospitals,
2. the rehabilitation of the technical facilities of the Yaoundé and Douala General Hospitals and the Yaoundé University Hospital and
3. the construction of 800 housing and socio-cultural facilities associated with each Regional Hospital – Cameroon.

• Advising Institut Pasteur du Maroc in connection with the drafting of the feasibility study for the development of a pharmaceutical unit to produce serums, vaccines and biological products in Morocco under a public-private partnership contract pursuant to Law No. 86-12 on public-private partnership contracts – Morocco
• Advising Dennis Group in connection with the due diligence relating to the concession for the construction and operation of the new bus station in Abidjan – Côte d’Ivoire.
• Advising Société Nationale des Autoroutes du Maroc on the implementation of a global contract for the operation of facility management activities and motorway operating services (toll, assistance and user information) throughout the motorway network, including the definition of the contractual scheme of the project, the drafting of the contract and the assistance in connection with the procurement procedure – Morocco.
• Advising Casa Transports SA in connection with the implementation of the new delegated management contract for the operation of the urban public bus transport service in the Casablanca agglomeration, including the implementation of the institutional scheme for the financing and operation of the network, the drafting of the operating contract and assistance during the negotiation and signing of the contract, the assistance during the tender process for the acquisition of the rolling stock – Morocco.
• Advising Société du Tramway de Rabat Salé in connection with the drafting, procurement, negotiation and signing of the contract for the delegated management of the operation of the Rabat tramway network – Morocco
• Advising the Ministry of Transportation of Morocco in connection with the drafting of the feasibility study for the development of the new port of Kenitra Atlantic within the framework of a public-private partnership contract, pursuant to Law No. 86-12 on public-private partnership contracts – Morocco.
• Advising the European Investment Bank in connection with the preparation of a study on the Moroccan legal framework for public-private partnerships in Mediterranean countries, including a report on the legal framework applicable to public-private partnerships (institutional framework, delegated management and public procurement law, contract law, real estate law, environmental law and foreign investment regulation) in the FEMIP countries.
• Advising the Republic of Côte d’Ivoire in connection with the analysis of the PPP legal framework in Côte d’Ivoire and solutions to be implemented for their development.
• Advising Africa Finance Corporation, a pan-African multilateral financial institution focused on infrastructure investments in Africa, in its investment in the Gabon Special Economic Zone SA (GSEZ).
• Advising the Government of Mali supported by ALSF in connection with the development of two solar power plants in Mali.
• Advising the Government of the Democratic Republic of the Congo on the US$80 billion Inga III hydroelectric power project.

Awards & Recognition