Oil & Gas
Anjarwalla & Khanna has consolidated its position in the East African market as a leading law firm, with particular expertise in the oil & gas sector. Our team consists of experienced lawyers with a proven track record having handled a number of significant oil and gas transactions for sophisticated regional and international clients in this sector including Tullow Oil, Africa Oil, Zarara Oil & Gas, Bowleven, Dominion, Apache Corporation, Galana Petroleum, Lion Petroleum, Camec, Lundin and Calyon on various aspects of their business operations in our region. As recognised legal experts in this sector, we have been involved in various capacities in the review of Kenya’s laws and regulations affecting the oil and gas industry.
Matters in this sector include:
- Acting for Africa Oil Corporation (AOC), a Canadian oil and gas company with various exploration assets in Kenya and Ethiopia, and an equity interest in Africa Energy Corporation, in its sale of 50% of its interests in Blocks 10BB, 13T and 10BA in Kenya and the Rift Basin and South Omo Blocks in Ethiopia, to Maersk Oil, the oil and gas arm of Danish shipping giant A.P. Moller-Maersk Group, including assisting on all aspects of the acquisition by Maersk of the 50% interests in Kenya owned by AOC, coordinating the work of Mehrteab, Leul & Associates (the law firm that worked on the Ethiopian aspect of the deal), making applications to the Competition Authority of Kenya and the COMESA Competition Commission. This was one of the biggest M&A deals transacted in East Africa in the period of 2015/2016 as noted by Thomson Reuters League Tables (The Lawyer).
- Acting for Tullow Oil, a multinational oil and gas exploration company, in connection with the development of a pipeline in Kenya that will carry oil discovered as a result of drilling in the northern part of Kenya to a port in Mombasa and Lamu and export internationally, including carrying out work on the environmental health, safety and social aspects of the pipeline project and carry out a regulatory review of all applicable laws in Kenya related to the pipeline project and well as the licences, permits and consents required under Kenyan legislation for the pipeline project.
- Acting for Royal Dutch Shell (Shell), an Anglo–Dutch multinational oil and gas company headquartered in the Netherlands, in connection with Kenyan law matters in its takeover bid for British Gas (BG), the largest UK energy and home services company, including advising on the impact of the transaction on BG’s assets in Kenya, advising on the transfer of interests held by BG in production sharing contracts, and obtaining regulatory approval from the Competition Authority of Kenya in relation to the transfer of BG’s participating interests in production sharing contracts to Shell.
- Acting for African Gas & Oil Company (AGOL) on its concession granted by Kenya Ports Authority (KPA) to develop a common user handling facility for the loading and discharge of LPG in the port of Mombasa, including preparing the Licence Agreement and the General Works Installation Agreement between KPA and AGOL.
- Acting for Reliance Industries, the only Indian private sector Fortune 500 company, in connection with its acquisition of a majority stake and management control in Gulf Africa Petroleum Corporation (Gapco), a company with significant presence in Eastern Africa in the downstream petroleum sector, including co-ordination of due diligence across Kenya, Uganda, Tanzania, Rwanda and Sudan.
- Advising Delonex Energy UK, a world class oil and gas exploration company, in connection with its consideration to farm-in to a Petroleum Sharing Contract, interest held by Marathon Oil, a United States oil and natural gas exploration and production company, in Block 12A and 9A situated in Kenya, including advising on various tax issues relating to the transaction.
- Acting for PTT, one of the largest producers of oil and gas in Asia and Thailand’s national and publicly listed exploration and production company, on its proposed acquisition of Cove Energy, an AIM-listed company on the London Stock Exchange which owns exploration blocks in Kenya, Mozambique and Tanzania, including advising PTT on exploration and competition laws in Kenya.
- Acting for Lundin Petroleum, a Swedish independent oil and gas exploration and production company with over 180 million barrels of reserves and listed on the Nordic Exchange, on its award of a Production Sharing Contract by the Kenyan Ministry of Energy for the exploration and production of oil and gas on Block 10A in northwest Kenya.
- Acting for Tamoil East Africa on its development of the 320 km Kenya-Uganda Oil Pipeline, including advising on the build, own, operate and transfer (BOOT) arrangement, project ownership structure and documentation, the government concession agreement, the technical agreement, the intergovernmental agreement, the interconnection agreement and the transportation and storage agreement as well as advising on governing law and regulation.
- Acting for Africa Oil Corporation, one of the top two holders of exploration blocks in Kenya, in relation to an investment agreement to issue 52,623,377 shares in Africa Oil. Corp., for US 100 million to Stampede Natural Resources International (an entity owned by a fund advised by Helios Investment Partners LLP) for future exploration, appraisal and development programmes, where the new shares will be admitted to trading on the Nasdaq Stockholm in Sweden, including conducting due diligence on the company’s production sharing contracts and its interests in Kenyan Blocks 9, 10A, 10BA, 10BB, 12A and13T and providing corporate opinions on both Africa Oil Corp and Centric Energy.
- Acting for Dominion, an oil and gas exploration company operating in East Africa, in connection with its securing production sharing contracts over Blocks L6 and L9 in the Lamu Basin, Kenya.
- Advising Tullow Oil, a FTSE 250 oil company with significant East African assets, on current and proposed oil and gas regulation in Kenya on its operations in Kenya, including advising on the country’s new oil and gas regime, reviewing Tullow’s existing production sharing contract, and counselling on other oil and gas matters.