Joy Omingo

Joy Omingo

Associate | ALN Kenya | Anjarwalla & Khanna

Physical Address:

ALN House, Eldama Ravine Close, Off Eldama Ravine Road, Westlands, Nairobi, Kenya

Postal Address:

P O Box 200-00606, Sarit Centre, Nairobi, Kenya

Telephone:

+254 (0) 20 364 0000

Email Address:

  1. Background

    Joy Omingo is an Associate at ALN Kenya | Anjarwalla & Khanna and a member of the Projects and Infrastructure team. She focuses on various areas of practice including energy, infrastructure, project development and finance and public procurement and contracting. She also has experience in general corporate and commercial law, mergers and acquisitions and employment law.

    Her experience includes providing equity structuring advice to clients and project companies that develop both small scale and large scale infrastructure and power projects, conducting due diligences on renewable energy projects and drafting and negotiating a host of agreements in respect of such infrastructure and/or power projects.

  2. Professional Membership
    • Law Society of Kenya
  3. Professional Qualifications

    2017: Postgraduate Diploma in Law, Kenya School of Law

    2014: Bachelors of Law (LL.B), Strathmore University

  4. Career Summary

    Jul 2019 – Date: Associate, Anjarwalla & Khanna, Nairobi

    Jan 2018 – Jun 2019: Trainee Lawyer, Anjarwalla & Khanna, Nairobi

    Nov 2016 – Feb 2017: Intern, Barclays Bank of Kenya, Legal Department

    Apr 2016 –Sept 2016: Intern, Maonga Ndonye Associates, CPS

  5. Publications
    • Contributed to the publication of the Infrastructure/PPP Course Handbook – Level 2 by African Legal Support Facility.
    • Contributed to the publication of the Climate Change Regulation in Africa handbook by the Webber Wentzel Environmental Law Team which included a cross jurisdictional assessment of climate change related legislation in 9 African jurisdictions.
    • Contributed to the publication of the article titled, “Commencement of the Public Procurement and Asset Disposal Regulations, 2020.”
    • Contributed to the publication of the article titled, “The Presidential Task Force on the Review of Power Purchase Agreements.”
    • Contributed to the publication of the article titled, “Are Power Purchase Agreements Set for Renegotiation?”
  6. Top Matters

    Renewable Energy M&A

    • Acting for Berkeley Energy, a renewable energy fund manager investing in Asian and African emerging markets, in connection with its first ever transaction in Madagascar which involved the acquisition of a significant portfolio of hydro and solar assets (greenfield and brownfield) from Tozzi Renewable Energy and on a co-investment made by FMO in Berkeley Energy’s platform vehicle relating to these Madagascar assets, including assisting in drafting negotiating and closing the primary transaction documents and coordinating the counsels in Madagascar and Mauritius.
    • Acting for Berkeley Energy in connection with an investment in a proposed battery storage plant in Kenya and Malawi, including drafting, negotiating, and closing the transaction documents and coordinating with local counsel in Malawi on various local law matters arising out of the transaction.
    • Acting for Berkeley Energy in connection with the acquisition of two hydro power projects in Zambia, including assisting in drafting, negotiating, and closing the primary transaction documents (i.e. the shareholders agreement, share purchase agreement and service level agreement) and coordinating local counsel in Zambia on various local law matters arising out of the transaction.
    • Acting for Frontier Energy, a leading investor in the African renewable energy market, in connection with its acquisition of a majority stake in the 50MW Loodariak wind power project in Ngong, Kajiado County.
    • Acting for El Sewedy Electric SAE in connection with joint development arrangements for the acquisition of a 40MW solar power project in Kenya including undertaking a due diligence on the project company and the power purchase agreement and advising the client in respect of the risks identified.

    Infrastructure

    • Acting for Kenya Airways, the flag carrier and national airline of Kenya, in connection with its privately initiated investment proposal to the Kenya Airports Authority, including assisting in the legal and regulatory review.
    • Acting for Kenya Airways in connection with the nationalization of the airline and the consolidation of the assets of the Kenyan aviation sector, including drafting the Aviation Bill, advising on key national and cross border legal and regulatory issues around implementation of the nationalization of the airline and liaising with Kenya Airways’ management and the Government of Kenya’s representatives in formulating a new national aviation framework including discussions relating to the Aviation Bill.
    • Advising Kenya Innovative Facility for Water, a co-developer of water initiatives in Kenya, in connection with the licensing and permits framework in Kenya on a water project in Mombasa County, including undertaking a legal and regulatory review analysis and providing equity structuring advice in relation to the various aspects of the project.
    • Acting for the sponsors of a proposed water and sanitation project in the Coast region which would be undertaken as a public private partnership, including advising the private party on various structuring issues relating to the proposed project, preparing a detailed legal and regulatory review of the framework applicable to the proposed project, drafting the privately initiated investment proposal and the heads of terms in relation to the project agreement.

    Renewable Energy & Oil and Gas

    • Acting for Kipeto Energy, the second largest wind power facility in Kenya based at Kajiado, in connection with obtaining the relevant regulatory approvals for its 100MW wind power plant in Kajiado.
    • Acting for Triumph Power Generating Company in connection with the restructuring of debt facilities made available for the development and financing of an 81MW thermal power plant in Athi River, Kenya.
    • Acting for Quantum Power East Africa, the project company and one of the Independent Power Producers for the Menengai Geothermal Project, in connection with the development of a 35 MW modular geothermal power plant in Menengai.
    • Advising Engie in connection with the proposed development of a small-scale hydropower plant in Kenya, including advising on the legal and regulatory framework applicable to hydro power projects in Kenya and advising on applications for water rights in Kenya.
    • Acting for Solarise Africa, a pan African energy leasing company for solar PV and other energy assets focusing on Commercial and Industrial (C&I) clients, in connection with reviewing and structuring the leasing arrangements for their Kenyan C&I clients, including advising Solarise on the legal and regulatory implications of an operating lease structure and a finance lease structure vis a vis a power purchase arrangement.
    • Acting for BayWa r.e. Solar Projects GmbH, a leading global developer, service supplier, wholesaler and energy solutions provider, in connection with potential investments in the energy sector in Tanzania and Zanzibar, including preparing a legal and regulatory review of the laws applicable to power projects on issues such as applicable permits and approvals, local content restrictions, anti-trust requirements and PPP arrangements.
    • Acting for Solarise Africa, a pan African energy leasing company for solar PV and other energy assets focusing on Commercial and Industrial (C&I) clients, in connection with reviewing and structuring the leasing arrangements for their Kenyan C&I clients, including advising Solarise on the legal and regulatory implications of an operating lease structure and a finance lease structure vis a vis a power purchase arrangement.
    • Acting for a client in connection with providing general and structuring advice on the Kenyan legal and regulatory framework (including procurement structures) of developing an energy storage plant.
    • Acting for a client in connection with providing legal and regulatory advice on structuring a power purchase agreement for a solar plus battery storage plant in Kenya.
    • Acting for a client in connection with the provision of legal and structuring advice relating to the development, construction, financing, owning, operation and maintenance of a liquefied petroleum gas terminal in Mombasa.
    • Acting for a client in connection with the structuring of a project company in relation to the development, construction, financing, owning, operation and maintenance of a liquefied petroleum gas terminal in Mombasa.

    Corporate & Commercial

    • Acting for Adili Corporate Services Group, in connection with the acquisition of a company secretarial business in Kenya, Tanzania and Uganda, including assisting in drafting the business transfer agreements and making competition filings to the Competition Authority of Kenya and the Fair Competition Commission, Tanzania.
    • Acting for a client in relation to its acquisition of a floriculture business and certain other assets, including reviewing and negotiating a power sale agreement for the supply of power between the acquirer and the target.
    • Acting for various entities in connection with their setting up in Kenya, including reviewing of the client’s standard employment contracts in line with Kenya’s employment laws.

    Other Matters

    • Acting for the African Legal Support Facility, a provider of legal and technical assistance to African countries in the negotiation of commercial transactions, creditor litigation and other related sovereign transactions, in connection with the preparation of a handbook on public private partnerships in the infrastructure sector for the institution’s e-learning legal platform in Africa.
    • Acting for a Japanese government firm, in connection with the preparation of a guidebook on the legal and regulatory regime governing petroleum operations in Kenya as part of advisory on the proposed investment in the oil and gas sector in Kenya.
    • Acting for a Belgium firm in connection with the preparation of a guidebook on the legal and regulatory framework relating to public procurement, contracting and public private partnerships in Kenya.
    • Assisting in preparing reviews of the legal framework in Kenya in connection with public procurement, contracting and public private partnerships.

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