Infrastructure, Construction & Transport
Building Kenya's future requires sound legal foundations. We advise on projects from inception to completion and beyond.
Complex Projects Need Expert Legal Guidance
Infrastructure and construction projects involve significant capital, multiple stakeholders, and complex regulatory requirements. A single legal misstep can cause costly delays and disputes.
Contract Disputes & Delays
Poorly drafted contracts lead to scope disputes, payment conflicts, and project delays that cost millions.
Regulatory Maze
Multiple approvals from NCA, NEMA, county governments, and sector regulators create compliance complexity.
Payment & Security Issues
Performance bonds, retention money, and payment disputes can cripple contractors and delay project delivery.
PPP Structuring Complexity
Public-private partnerships require navigating complex procurement laws and risk allocation frameworks.
Environmental & Safety Liability
Non-compliance with environmental and occupational safety requirements exposes projects to shutdowns and penalties.
Project Law Experts
- FIDIC & EPC contracts
- PPP structuring & advisory
- Dispute resolution & arbitration
- Regulatory compliance
- Procurement & tender support
Construction Contracts
Construction Contracts & EPC Agreements
A well-drafted construction contract is the foundation of a successful project. We draft, review, and negotiate contracts that clearly allocate risks, define scope, and establish fair payment and dispute mechanisms.
PPP & Project Finance
Public-private partnerships are transforming Kenya's infrastructure landscape. We advise both government entities and private investors on PPP structuring, procurement, and project finance arrangements.
PPP & Finance
Dispute Resolution
Dispute Resolution & Claims
Construction disputes are inevitable in complex projects. Our team has deep experience resolving disputes through adjudication, arbitration, and litigation, protecting our clients' interests while minimizing project disruption.
Transport Law & Regulatory
Kenya's growing transport sector requires expert legal guidance on licensing, regulatory compliance, and dispute resolution. We advise operators, developers, and investors across all modes of transport.
Transport & Regulatory
"Mwangi Kiai LLP advised on the contracts for our commercial development project. Their attention to detail in the FIDIC contract negotiations saved us from potential disputes worth millions. They understand the construction industry inside and out."
How We Support Your Project
End-to-end legal support throughout the project lifecycle.
Project Assessment
We understand your project scope, risk profile, and stakeholder dynamics to provide targeted advice.
Contract Structuring
We draft and negotiate contracts that protect your interests and allocate risks appropriately.
Ongoing Advisory
We provide real-time legal support during project execution, including variations, claims, and compliance.
Completion & Disputes
We handle project close-out, defects liability, final accounts, and any dispute resolution required.
Infrastructure & Construction FAQs
Answers to frequently asked questions about construction and infrastructure law in Kenya.
View All FAQsKenya recognizes several standard construction contract forms including FIDIC (International Federation of Consulting Engineers) contracts, JBC (Joint Building Council) contracts for domestic projects, and bespoke EPC (Engineering, Procurement, and Construction) contracts. The choice depends on project size, complexity, and whether international parties are involved. We advise on selecting and negotiating the right contract form for your project.
Construction disputes in Kenya can be resolved through negotiation, adjudication (common under FIDIC contracts), mediation, arbitration (often through the Nairobi Centre for International Arbitration), or court litigation. Most construction contracts include dispute resolution clauses that specify the mechanism. Arbitration is preferred for large projects due to speed, technical expertise of arbitrators, and confidentiality.
A Public-Private Partnership (PPP) is a contractual arrangement between a government entity and a private company to deliver infrastructure or services. Kenya's PPP Act 2013 provides the framework. PPPs can take various forms including Build-Operate-Transfer (BOT), Design-Build-Finance-Operate (DBFO), and concessions. We advise both public and private parties on PPP structuring, procurement, and documentation.
Construction projects require multiple approvals including: county government building permits, NEMA environmental impact assessment (EIA) license for significant projects, NCA (National Construction Authority) registration for contractors, occupational health and safety compliance, and water and energy authority approvals where applicable. We help clients navigate the regulatory landscape efficiently.
Kenya's transport sector is governed by multiple laws including the Kenya Roads Act, Kenya Civil Aviation Act, Merchant Shipping Act, Kenya Railways Act, and the National Transport and Safety Authority (NTSA) Act. Each mode of transport has specific regulatory requirements. We advise transport operators, logistics companies, and infrastructure developers on compliance, licensing, and dispute resolution across all transport modes.
Starting an Infrastructure or Construction Project?
From contract negotiation to dispute resolution, our infrastructure and construction team has the expertise to protect your project investment. Get in touch for a confidential consultation.