Edwin Baru

Edwin Baru

Senior Associate
Nairobi, Kenya: Coulson Harney LLP
T: + 254 20 289 9000
E: edwin.baru@bowmanslaw.com
  • Overview
  • Experience
  • Publications & Insights

Overview

Edwin is a senior associate in our Projects, Energy & Infrastructure Department.

His areas of practice include energy, project development, infrastructure as well as general corporate and commercial law.

Edwin has been involved in a wide range of energy, natural resources and infrastructure transactions in Kenya and the wider East Africa region. The transactions include the development of power projects, ports, roads, telecoms infrastructure, hospitals, upstream petroleum, waste management, public procurements and PPP projects.

Edwin is an advocate of the High Court of Kenya and is a practicing Company Secretary. He is a graduate with a Bachelor of Laws (LL.B) degree from University of Nairobi and a post-graduate diploma from the Kenya School of Law. He is a member of the Law Society of Kenya (LSK) and the Institute of Certified Secretaries of Kenya (ICS).

Specialist Services

Relevant Experience

* experience gained prior to joining Bowmans

Infrastructure

  • Standard Bank of South Africa and Stanbic Bank Kenya Limited – on the financing of the Lot 15 and Lot 18 being developed as PPPs under the Kenya Roads Annuity Programme.
  • Africa50 and Power Grid Corporation – lead legal advisors for the development of the first privately owned power transmission lines in Kenya. The project is being implemented as a PPP.
  • A consortium comprising of Shandong Hi-Speed, Hass Infra Limited and GVR Infra Projects Limited on Lot 3 of the Kenya Roads Annuity Program. The Lot 3 project scope includes the design, construction, commissioning, financing, operation and maintenance of the Modogashe – Habaswein – Samatar and Rhamu – Mandera (A13 Roads).
  • Intex Construction Ltd on the only Roads Annuity Programme Lot to have reached financial close, being Lot 33 for a concession to finance, build, operate and maintain a 93 km road from Ngong – Kiserian to Isinya and Kajiado – Imaroro Road under the Kenya Rural Roads Authority Kenya’s Roads 10,000 Annuities programme.
  • Acting for Kenya Airways Plc, in connection with the proposed concession of the Jomo Kenyatta International Airport, which is currently managed by the state owned Kenya Airports Authority, under a concession agreement that is to run for 30 years. The project is being implemented as a privately initiated investment proposal – PIIP (a form of PPP under the Public Private Partnerships Act 2013). As legal advisors to Kenya Airways Plc, our scope includes advising on legal and regulatory issues around implementation of the project, assisting in preparing and submitting the PIIP, undertaking due diligence on the airport’s assets and drafting and negotiating the project documents. *
  • Acting for the consortium comprising of Mota-Engil Engenharia e Construcao Africa, S.A (Lead Member), Orascom Construction, Africa Infrastructure Investment Managers Seed Partnership and Egis Projects S.A, in connection with their shortlisting by the Kenya National Highways Authority (KeNHA) to bid for the widening, improvement and operation and maintenance of various sections of highway between Nairobi, Nakuru and Mau Summit through a PPP arrangement. *
  • Advising a consortium led by Mota-Engil Africa in connection with the development, construction, operation and maintenance of Lots 15 and 18 in the Kenya Roads Annuity Programme. Our scope included undertaking a review of the bankability of the project in view of the Public Finance Management (Roads Annuity Fund) Regulations, 2015, reviewing the letter of support issued by the Government of Kenya in relation to the project and reviewing the project agreement and providing equity and tax structuring advice to the project company. *
  • Advising the Government of Kenya and the Government of Japan with respect to the development, implementation and installation of a medical and hazardous waste processing plant in Nairobi with the project being financed through a ‘’government-to-government’’ grant made available by the Government of Japan to the Government of Kenya including assisting with the preparation of pre-feasibility reports and inception reports a legal and regulatory due diligence report in respect of the proposed project and the process of selecting the preferred bidder, including preparing the tender documents and all applicable project contracts. *
  • Advising Bechtel, one of the world’s largest infrastructure and construction companies, in connection with the construction of the Nairobi – Mombasa Expressway. The advice included all legal and regulatory aspects of the project, including procurement, roads development, construction law, labour law, financing and fund flow structures, choice of law and dispute resolution clauses, and environmental liability issues. *

Renewable Energy

  • Advising various on various commercial and industrial solar project for various developers and solutions providers including Solarise Africa, CrossBoundary Energy, Frontier Energy and Econet Energy Kenya Limited.
  • Advising Voltalia, a Paris stock exchange-listed French company, on its Kopere Solar Park 40 MW solar project in Kenya.
  • Advising Virunga Holdings on the development of 3 hydropower projects in Kenya.
  • Advising Rumuruti Solar Generation Limited on the development of the 40MW Rumuruti solar PV project in Laikipia County.
  • Advising Windlab on all aspects of the development of an 80MW wind-solar-storage project in Meru County.
  • Proto Energy Limited on steam supply agreements to be entered into with various C&I clients
  • Acting for Elicio NV and the IFC, the sponsors of a 90MW wind powered generation farm in Mpeketoni, Lamu on the coast of Kenya, owned by Electrawinds. *
  • Acting for Actis, in connection with its Garden City development in relation to the construction and purchase of a solar facility to power the Garden City development. *
  • Advising Globeleq on various aspects of the development of a 40 MW Power Generating Plant in Malindi, Kilifi County. *
  • Acting for Frontier Energy, a leading investor in the African renewable energy market, in connection with its proposed investment into the Chania Wind Project, a planned 50 MW wind powered generation facility in Kajiado, Kenya. *

Non-Renewables

  • Acting for Amu Power (developer of a 1050 MW coal power project in Lamu) on equity and tax structuring related issues. *
  • Advising Powerhive Inc. on regulatory matters relating to the development of a ‘’mini-grid’’ that will generate, transmit and distribute electricity to rural parts of Kenya that are currently not covered by the national grid. Our scope of work included providing regulatory and structuring advice, review of permits and agreements with county governments relating to the proposed project. *
  • Advising Tullow on certain local law matters relating to its upstream petroleum operations in Kenya in preparation for the issue of an offering document under UK law including undertaking due diligence on its material assets in Kenya and providing a legal opinion on title. *

Large scale housing and mix-user developments

  • Acting for a consortium of lenders in undertaking legal due diligence on a joint venture between a private developer and the Nairobi County Council for the development of an affordable housing development in Nairobi.
  • Advising Intex Construction Limited, as the developer, in an affordable social housing project in Kibera, Nairobi procured by the Ministry of Housing and Urban Development. The Project is a design, build and finance of 4,054 affordable housing units and associated infrastructure for Kibera, Nairobi.
  • Acting for KCB Bank the lead sponsor in connection with the development of police accommodation and ancillary facilities for the Government of Kenya on a design, build, finance and maintenance basis of a total of 20,000 housing units and ancillary facilities for the police service over a number of phases as a privately initiated investment proposal (a form of public private partnership under the Public Private Partnerships Act 2013). *
  • Acting for a consortium led by Kiewa Group in a joint venture with the Nairobi County Council for the redevelopment of the Old Ngara Estate within Nairobi City County at an approximate cost of USD 70 million, including undertaking a regulatory review for the project, due diligence on the title for the land, setting up a special purpose vehicle (SPV) for the consortium, and reviewing the joint venture agreement between the SPV and the Nairobi City County. *
  • Acting for Centum, a leading East African investment and real estate development company listed on the Nairobi Securities Exchange and the Uganda Securities Exchange, on the development of proposed cinema complex and a 300 bed hospital at its Two Rivers Development. Two Rivers is a five-year 100 acre fully-integrated mixed use development, currently valued at USD 166 million, the largest of its kind in Kenya, comprising of a retail mall as well as a commercial and residential development. *

M&A and Corporate

  • Globeleq Africa Limited on the proposed acquisition of a 35MW geothermal power plant being developed in Menengai, Nakuru County, Kenya.
  • Advising Proto Energy Limited in respect of the acquisition of the assets and business of Sea Gas Limited and Solutions East Africa Limited.
  • Advising the Capital Markets Authority on the review of laws relating to repos and derivatives in Kenya including proposing reforms and amendments to the relevant laws where applicable and preparing an opinion for Kenya on the enforcement of the ISDA Master Agreement and the GMRA. *
  • Acting for WS Atkins International, a subsidiary of WS Atkins, a company listed on the London Stock Exchange and one of the leading design, engineering and project management consultancy services firms in the world, in connection with Atkins’ acquisition of 100% of Howard Humphreys East Africa (HHEA), an engineering consulting firm based in Kenya, and its wholly-owned subsidiary in Tanzania (HHTZ), including coordinating work by local counsel in Tanzania, structuring legal and tax advice, undertaking due diligence, drafting and negotiating the transaction documents, and obtaining regulatory approvals, including from the Competition Authority of Kenya and Tanzania’s Fair Competition Commission. *
  • Acted for Essar Telecom Kenya Limited (ETKL) on the divestiture of ETKL’s licences, subscribers, assets and business to Safaricom Limited and Airtel Networks Kenya Limited resulting in the consolidation of the mobile telecommunications market in Kenya from 4 to 3 players. The scope of work included advising on a complex transaction structure, which involved a hive down of site leases and a separate transfer of tower assets, employees and frequency licences to Safaricom as well as a transfer of operating licences and subscribers to Airtel. Also dealt with several legal, tax and regulatory matters including negotiating and drafting complex transaction documents and liaising with sector and national competition regulators. *
  • Acted for Regus Group as counsel in Kenya (and also co-ordinated the transaction in Nigeria, Ghana, Uganda, South Africa and Mauritius). Regus Group is a London Stock Exchange listed company operating turnkey office space and service in over 3,000 locations worldwide, on its acquisition from Landmark’s businesses in Kenya, Nigeria, Ghana and South Africa, including due diligence, providing corporate and tax advice on the acquisition structure and drafting transaction documents. *
  • Acted for a group of local investors in their acquisition of a 75% stake in the Fairmont Mount Kenya Safari Club, a luxury resort at the foot of Mount Kenya, from Kingdom Hotel Investments, a wholly-owned subsidiary of the Saudi Arabian conglomerate Kingdom Holding Company for US$18 million. This involved undertaking a detailed legal due diligence on the hotel and the holding group structure, review of the hotel management agreement, drafting of a share purchase agreement and transition services agreement. *

Awards

  • Legal 500 ranked Edwin as a Rising Star in 2021.

Publications & Insights