Njau Mukuha

Njau Mukuha

Partner
Nairobi, Kenya: Coulson Harney LLP
T: +254 20 289 9000
E: njau.mukuha@bowmanslaw.com
  • Overview
  • Experience
  • Publications & Insights

Overview

Njau Mukuha is a partner in our Nairobi office.

His main practice areas include project finance, infrastructure projects, mining, energy and resources. His expertise extends to joint ventures and business formation, employment law, and intellectual property law.

His expertise has been recognised by Chambers Global (Corporate & Commercial law) and by IFLR1000 (Energy & Infrastructure; Energy & Project Finance).

Njau graduated from Warwick University and completed the English Solicitors Legal Practice Course. He also has a Masters in Law from the University of Warwick in International Economic Law. He was admitted to practice as an Advocate of the High Court of Kenya.

Specialist Services

Relevant Experience

Infrastructure, GoK, Projects

  • Advising China Civil Engineering Construction Corporation on the proposed PPP structure for the Lot 10 concession to finance, build, operate and maintain the Nanyuki – Gwa Kungu (B22) Road- and Laisamis – Ngurunit- Nursery (South Horr) (B74) Roads (254 KM) by the Kenya National Highway Authority (KeNHA) as part of Kenya’s Roads 10,000 Annuities programme. Leading negotiations on the Project Agreement and also advising on the GOK Letter of Support, the finance agreements, construction and operational phase sub-contracts and various other material contracts.
  • Advising Intex Construction Limited on the proposed PPP structure for 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”. Led negotiations on the Project Agreement.
  • Advising China Road and Bridge Corporation on its project agreement with the Kenya Railways Corporation in relation to its operations of the Standard Gauge Railway.
  • Advising Trademark East Africa, Kenya Ports Authority and the Kenya Railways Corporation on a PPP feasibility study to optimise the movement of freight from the port of Mombasa to the Inland Container Depot in Nairobi on the Standard Gauge Railway.
  • Advising IFC and the Ministry of Health the on a feasibility study for the construction of 4 regional cancer centres across Kenya on a PPP basis.
  • Advising Port of Singapore Authority on a bid for the operation of the second terminal at Mombasa Port.
  • Advising Infrastructure Leasing and Financial Services Limited on the RFP issued by the Kenya Rural Roads Authority and the Kenya National Highway Authority for the Government of Kenya’s Roads 10,000 Annuities programme.
  • Advising Aeolus Kenya Ltd (BVI) on negotiations for a framework agreement with the Kenyan Government for a 6 phase project in the LAPSSET Corridor which will include a port, LNG plant, desalination plant, pipeline and airport.

Power/ Energy

  • Advising Aperture Green Power in its development of a 50 MW power plant in Limuru including negotiations with KPLC on the
  • Advising IDEA Power on their development of a 40 MW solar plant in Malindi including negotiations with KPLC on the
  • Advising Themis Energy in its proposed investments in 3 different solar power projects in Embu, Siaya and Kajiado each project is expected to generate 40 MW. Led negotiations on the power purchase agreements with KPLC (on going) and also carried out a due diligence exercise on each of the projects to establish if they had all the required regulatory licences and approvals to carry out the projects.
  • Advised Ormat Technology Inc. in its acquisition of a development for a 14O MW geothermal plant in Menengai from AGIL power.
  • Advising the African Development Bank on its partial risk guarantee for Quantum Power in relation to a 105MW geothermal plant in Menengai , Nakuru County.
  • Advising the Renewable Energy Performance Platform on its proposed acquisition of a stake in Kleen Energy Limited, an independent power producer with a Power Purchase Agreement (PPA) with the Kenya Power and Lighting Company Limited for the generation of power at a 6.6 MW hydro power plant. This included advising on EPC and O&M contracts and land rights documentation related to the project and advised on securing the land rights.
  • Advising Voltalia, a Paris stock exchange-listed French company on its Kopere Solar Park 50 MW solar project in Kenya. Reviewed the PPA, negotiated a letter of support from the Government of Kenya and obtained a generation licence from the Energy and Petroleum Regulatory Authority.
  • Advising Everstrong Capital (PTY) on the acquisition of a stake in a HFO diesel power plant in Kenya.
  • Advising Actis Energy 4 on its acquisition of an 88% stake in Kipeto Energy Limited, an independent power producer with a PPA with the Kenya Power and Lighting Company Limited for the generation of power at a 100 MW wind power plant in Kajiado County. Reviewed the PPA, licences, project agreements and land rights documentation related to the project and advised on the SPA and other transaction documentation as well as on securing the land rights and easements.
  • Advising Egis Projects on its proposed acquisition of a 33% stake in Kleen Energy Limited, an independent power producer with a PPA with the Kenya Power and Lighting Company Limited for the generation of power at a 6.6 MW hydro power plant. We also advised on the EPC and O&M contracts and land rights documentation.
  • Advising Africa Energy Partners a JSE listed SPAC on its acquisition of a 100% stake in Iberafrica Power (EA) Limited, an independent power producer with a PPA with the Kenya Power and Lighting Company Limited for the generation of power at a 103.57 MW HFO diesel power plant in Nairobi County.
  • Advising the Nippon Export and Investment Insurance on its review of the power purchase agreement as well as the Government of Kenya letter of support and other project documents. for a 40MW solar power project in Isiolo.
  • Advising Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V (FMO) in its roles as Lender in the financing of a developer of a 40 MW solar power plant in Makindu by raREH Icon Solar limited.
  • Advising Enel Green s.p.a on the development of a solar powered micro grid in Nyamira and Kisii Countries in Kenya.
  • Advising IDEA Power Limited on the development of a 40 MW Solar PV plant in Malindi Kenya.
  • Advising IDEA Power Limited on investment and development of a 10 MW Hydro project in Tukuyu, Tanzania.
  • Advising Kinangop Wind Park Limited (BVI) on a successful bid to construct and operate a 60.8 MW wind park in Kinangop, Nyandarua County including negotiations with the Energy Regulatory Commission on the Generation Licence and associated project and finance agreements.
  • Advising HydroChina Corporation, the EPC Contractor, in a 50 MW wind project in Limuru Kenya.

Signature Matters

Awards

  • Chambers and Partners, 2020 ranked Njau in Band 3 for Projects and Energy.
  • Chambers and Partners, 2019 ranked Njau in Band 3 for Projects and Energy.
  • IFLR1000’s 2019 Financial and Corporate Guide rated Njau as a Highly Regarded Lawyer for Energy and infrastructure, Project finance.
  • Chambers and Partners, 2018 ranked Njau in Band 3 for Projects and Energy.
  • IFLR1000’s 2018 Financial and Corporate Guide rated Njau as a Highly Regarded Lawyer for Energy and infrastructure, Project finance.
  • Chambers and Partners 2017 notes Njau as ‘Up and Coming’ for Corporate and Commercial.
  • Legal 500 2017 lists Njau as a recommended lawyer for Projects and Energy.
  • Njau has been recognised by Chambers Global, 2016, as a rising star by IFLR 1000, 2016 as a leading lawyer and further recommended by Legal 500, 2016.

Njau Mukuha provides counsel on PPP agreements and is heavily involved in rail and road infrastructure mandates. He displays an adeptness in project investments and M&A transactions, with sources appreciating him for being “very knowledgeable about local law and jurisprudence.” – Chambers and Partners 2020

Njau Mukuha demonstrates a significant focus on projects and energy, notably acting on transport infrastructure matters, including advising China Road and Bridge Corporation on its O&M agreement concerning the country’s standard gauge railway. He is also particularly active on energy-sector M&A transactions and advises a diverse clientele of lenders, developers and oil and gas companies. They consider him to be “helpful, flexible and responsive.” – Chambers and Partners 2019

Njau Mukuha is a well-regarded practitioner in the areas of PPPs and procurement who has handled a number of notable infrastructure and power deals. He is recognised for his experience in geothermal and wind projects, with sources confirming: “He’s very knowledgeable and brings a lot of experience to the table.” He is well versed in the negotiation of various project documents and is described as “very user-friendly and responsive.”Chambers and Partners 2018

Njau Mukuha acts on large-scale infrastructure projects and supports international companies looking to establish themselves in Kenya. – Chambers and Partners 2017

Njau Mukuha is described as “extremely smart and responsive” and specialises in energy and infrastructure projects. He advised IDEA Power on its investment in EA Power in relation to a hydroelectric project in Tanzania. – Chambers and Partners 2016

Publications & Insights