Simon Kiriba
Partner | Nairobi
Contact
T: +254 20 503 1600
E: simon.kiriba@bowmanslaw.com
Overview
Simon is a partner in the Real Estate and Construction team in Bowmans at the Kenyan office (Coulson Harney LLP).
His areas of practice include real estate, construction and infrastructure. He has been previously recognised for outstanding service to clients by IFLR1000 and Legal 500.
Experience
Simon has provided assistance in some of the firm’s landmark transactions, some of which include the following.
- A confidential client in the design, construction, commissioning and completion of major refurbishment works in one of the largest hydropower power project in Africa. The Project was based on the FIDIC Conditions of Contract for Plant and Design-Build, 2017 Edition.
- Renewable Energy Performance Platform in the design, construction, commissioning and completion of a hydropower project at Embu County, Kenya. The Project was based on the FIDIC Conditions of Contract for EPC/Turnkey Projects 1999 Edition.
- A confidential client in the design, construction, commissioning and completion of a solar photovoltaic power station and related infrastructure and facilities at Bulawayo, in the Republic of Zimbabwe
- Voith Hydro GmbH & Co. KG in responding to a request for bids for the design, construction, commissioning and completion of Muzizi Hydropower Project by the Uganda Electricity Generation Company Ltd. The Project was to be based on the FIDIC Conditions of Contract for Plant and Design-Build, 1999 Edition.
- Huawei Technologies (Kenya) Company Limited in the design, construction, commissioning and completion of a data centre that would act as a landing point for an international undersea cable in Mombasa County, Kenya. The Project was based on the FIDIC Conditions of Contract for EPC/Turnkey Projects 1999 Edition.
- A foreign state backed investor in the design, construction, commissioning and completion of 140,000 affordable housing units, schools, hospitals, commercial complexes and other ancillary facilities in Kenya. The Project is based on the FIDIC Conditions of Contract for EPC/Turnkey Projects 2017 Edition.
- A United Kingdom real estate investment company and a Kenyan real estate developer in the design, construction, commissioning and completion of 17,150 affordable housing units, a school, a hospital, a commercial complex and other ancillary facilities. The Project is based on the FIDIC Conditions of Contract for EPC/Turnkey Projects 1999 Edition.
- IX Africa Limited in the construction, commissioning and completion of a data centre in Nairobi, Kenya. The Project was based on the FIDIC Conditions of Contract for Construction 1999 Edition.
- A confidential African private equity firm in the construction of cointainerised data centre solutions in Lagos, Nigeria. The Project was based on the FIDIC Conditions of Contract 1999 Edition.
- A foreign state, that’s part of the G8, in the design, construction, commissioning and completion of a confidential building and engineering project in Nairobi. The Project was based on the FIDIC Conditions of Contract for EPC/Turnkey Projects 1999 Edition.
- A foreign state in construction adjudication disputes relating to several claims on force majeure, omission of works, extension of time and additional costs with a contractor. The Project was based on the FIDIC Conditions for Contract for Construction 1999 Edition Contract for the development and construction of a confidential development within Nairobi.
- Strabag International GmbH, an internationally renowned contractor, in various disputes including various construction adjudication disputes against the National Irrigation Authority in Kenya on the construction of a dam project in Kirinyiga County, Kenya. The Project is based on the FIDIC Conditions for Contract for Construction – MDB Harmonised Edition 2005.
- A confidential international contractor against the Government of Tanzania in construction disputes relating to construction and delivery of water infrastructure project in Musoma Tanzania and another project in Kigoma Tanzania. The Projects were based on the FIDIC Conditions for Contract for Construction – MDB Harmonised Edition 2005.
- Tatu City Limited on a construction dispute against Ongata Works Limited relating to extension of time claims and wrongful termination of the Contract claim in a road works and ancillary facilities Project. The Project was based on a FIDIC Conditions for Contract for Construction 1999 Edition.
- Shimizu-Konoike Joint Venture, a Japanese road works contractor, against a subcontractor in a construction of Kampala Flyover Construction and Road Upgrading Project Lot 1 in Kampala, Uganda. The Main Contract of the Project was based on the FIDIC Conditions for Contract for Construction – MDB Harmonised Edition 2005. The Subcontract for the Project was based on the FIDIC Conditions for Subcontract for Construction 2011 Edition.
- Old Mutual Property on their USD 64 million acquisition of a 50% stake in the Two Rivers Mall in Kenya.
- Tatu City in the sale of 20 acres of industrial land in the Tatu City development to Chandaria Industries Limited worth more than USD 7.5 million for the construction of a facility estimated to cost more than USD 50 million once it is completed.
- Tatu City in the sale of industrial land in the Tatu City development to ALP North Limited worth more than USD 7 million for the construction of an industrial and logistics facility on the land.
- Tatu City in the sale of 20 acres of residential land in the Tatu City development worth more than USD 2 million to a group of local and foreign investors who specialize in low-cost affordable housing. Also advised Tatu City in the joint venture arrangements it entered with these investors.
- The sale by way of long term-leases of an industrial user portion of Tatu City Industrial Park to Hangzhou Tianlong Steel Cylinders Limited, Civicon Limited, Bakpharm Limited and Vraj Limited;
- Virgin Active on its leases over commercial space for operation of a gym in Nairobi’s Two Rivers Development and The Hub in Karen, Nairobi.
Awards
-
Legal 500 ranked Simon as a Next Generation Partner for Real Estate and Construction in Kenya (2023-2024), and as a Rising Star in the same category for three consecutive years (2020-2023).
-
Simon was also recognised by IFLR 1000, 2014 for impeccable client services.
AREA OF EXPERTISE
Qualifications
- LLB from the University of Nairobi.
- Postgraduate Diploma from the Kenya School of Law.
- Certificate of Trial Advocacy from the National Institute of Trial Advocacy USA in conjunction with Kenya School of Law.
INSIGHTS
Overview
Simon is a partner in the Real Estate and Construction team in Bowmans at the Kenyan office (Coulson Harney LLP).
His areas of practice include real estate, construction and infrastructure. He has been previously recognised for outstanding service to clients by IFLR1000 and Legal 500.
Experience
Simon has provided assistance in some of the firm’s landmark transactions, some of which include the following.
- A confidential client in the design, construction, commissioning and completion of major refurbishment works in one of the largest hydropower power project in Africa. The Project was based on the FIDIC Conditions of Contract for Plant and Design-Build, 2017 Edition.
- Renewable Energy Performance Platform in the design, construction, commissioning and completion of a hydropower project at Embu County, Kenya. The Project was based on the FIDIC Conditions of Contract for EPC/Turnkey Projects 1999 Edition.
- A confidential client in the design, construction, commissioning and completion of a solar photovoltaic power station and related infrastructure and facilities at Bulawayo, in the Republic of Zimbabwe
- Voith Hydro GmbH & Co. KG in responding to a request for bids for the design, construction, commissioning and completion of Muzizi Hydropower Project by the Uganda Electricity Generation Company Ltd. The Project was to be based on the FIDIC Conditions of Contract for Plant and Design-Build, 1999 Edition.
- Huawei Technologies (Kenya) Company Limited in the design, construction, commissioning and completion of a data centre that would act as a landing point for an international undersea cable in Mombasa County, Kenya. The Project was based on the FIDIC Conditions of Contract for EPC/Turnkey Projects 1999 Edition.
- A foreign state backed investor in the design, construction, commissioning and completion of 140,000 affordable housing units, schools, hospitals, commercial complexes and other ancillary facilities in Kenya. The Project is based on the FIDIC Conditions of Contract for EPC/Turnkey Projects 2017 Edition.
- A United Kingdom real estate investment company and a Kenyan real estate developer in the design, construction, commissioning and completion of 17,150 affordable housing units, a school, a hospital, a commercial complex and other ancillary facilities. The Project is based on the FIDIC Conditions of Contract for EPC/Turnkey Projects 1999 Edition.
- IX Africa Limited in the construction, commissioning and completion of a data centre in Nairobi, Kenya. The Project was based on the FIDIC Conditions of Contract for Construction 1999 Edition.
- A confidential African private equity firm in the construction of cointainerised data centre solutions in Lagos, Nigeria. The Project was based on the FIDIC Conditions of Contract 1999 Edition.
- A foreign state, that’s part of the G8, in the design, construction, commissioning and completion of a confidential building and engineering project in Nairobi. The Project was based on the FIDIC Conditions of Contract for EPC/Turnkey Projects 1999 Edition.
- A foreign state in construction adjudication disputes relating to several claims on force majeure, omission of works, extension of time and additional costs with a contractor. The Project was based on the FIDIC Conditions for Contract for Construction 1999 Edition Contract for the development and construction of a confidential development within Nairobi.
- Strabag International GmbH, an internationally renowned contractor, in various disputes including various construction adjudication disputes against the National Irrigation Authority in Kenya on the construction of a dam project in Kirinyiga County, Kenya. The Project is based on the FIDIC Conditions for Contract for Construction – MDB Harmonised Edition 2005.
- A confidential international contractor against the Government of Tanzania in construction disputes relating to construction and delivery of water infrastructure project in Musoma Tanzania and another project in Kigoma Tanzania. The Projects were based on the FIDIC Conditions for Contract for Construction – MDB Harmonised Edition 2005.
- Tatu City Limited on a construction dispute against Ongata Works Limited relating to extension of time claims and wrongful termination of the Contract claim in a road works and ancillary facilities Project. The Project was based on a FIDIC Conditions for Contract for Construction 1999 Edition.
- Shimizu-Konoike Joint Venture, a Japanese road works contractor, against a subcontractor in a construction of Kampala Flyover Construction and Road Upgrading Project Lot 1 in Kampala, Uganda. The Main Contract of the Project was based on the FIDIC Conditions for Contract for Construction – MDB Harmonised Edition 2005. The Subcontract for the Project was based on the FIDIC Conditions for Subcontract for Construction 2011 Edition.
- Old Mutual Property on their USD 64 million acquisition of a 50% stake in the Two Rivers Mall in Kenya.
- Tatu City in the sale of 20 acres of industrial land in the Tatu City development to Chandaria Industries Limited worth more than USD 7.5 million for the construction of a facility estimated to cost more than USD 50 million once it is completed.
- Tatu City in the sale of industrial land in the Tatu City development to ALP North Limited worth more than USD 7 million for the construction of an industrial and logistics facility on the land.
- Tatu City in the sale of 20 acres of residential land in the Tatu City development worth more than USD 2 million to a group of local and foreign investors who specialize in low-cost affordable housing. Also advised Tatu City in the joint venture arrangements it entered with these investors.
- The sale by way of long term-leases of an industrial user portion of Tatu City Industrial Park to Hangzhou Tianlong Steel Cylinders Limited, Civicon Limited, Bakpharm Limited and Vraj Limited;
- Virgin Active on its leases over commercial space for operation of a gym in Nairobi’s Two Rivers Development and The Hub in Karen, Nairobi.
Awards
-
Legal 500 ranked Simon as a Next Generation Partner for Real Estate and Construction in Kenya (2023-2024), and as a Rising Star in the same category for three consecutive years (2020-2023).
-
Simon was also recognised by IFLR 1000, 2014 for impeccable client services.
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