Kieran Whyte is a partner in the Baker McKenzie's Johannesburg office. He has over 25 years' experience working in South Africa and Africa, with particular focus on energy and infrastructure projects. Kieran represents project sponsors, developers, contractors and lenders in complex greenfield and brownfield developments, advising on citing, permitting and regulatory concerns. He has advised on numerous first-in-kind projects associated with the South African government's Renewable Energy Independent Power Producers Procurement Programme. Kieran is experienced in all aspects of project development and is recognized in his field by legal directories including Chambers and Legal 500.
Kieran's energy experience includes power generation and oil and gas, with particular focus on renewable energy and clean technology, coal baseload and gas, in South Africa and Southern Africa. In the infrastructure sector, he has experience in road, rail and social infrastructure transactions. Kieran is seasoned in matters concerning PPP and concession agreements, project strategy and structuring EPC contracts including standard and bespoke forms of contracts, operation and maintenance contracts, fuel purchase and sale agreements and related matters. He is also experienced in advising clients from various sectors across the full spectrum of the project value chain.
Representative Legal Matters
- Advising the lender group comprising several financial institutions (including Nedbank Limited and the Standard Bank of South Africa Limited) in respect of the financing of the 100MW Karoshoek Solar One concentrating solar power (CSP) project in the Northern Cape.
- Advised Tsitsikamma Community Wind Farm (RF) Proprietary Limited (sponsored jointly by Exxaro and Tata Power) in connection with the financing of a 95MW wind farm in the Eastern Cape.
- Advised ACWA Power SolAfrica Bokpoort CSP Power Plant (RF) Proprietary Limited in relation to the project financing of a 50MW CSP project in the Northern Cape, which was named Africa Energy Deal of the Year by Project Finance International in 2014.
- Advised sponsor group Khi, KaXu and Xina’s CSP projects.
- Advised developers in respect of the Cookhouse, West Coast One and Hopefield wind farms.
- Advised the lender group comprising Nedbank Limited and the Standard Bank of South Africa Limited on the Redcap Kouga and Dorper wind farms.
- Advised the developer of the Neusberg Hydro Power Project.
- Advised Rustmo 1 Solar Farm and Nedbank Limited in respect of the Slimsun Swartland Solar Park.
- Advised Enel Green Power with respect to its Upington PV project.
- Advised Building Energy in respect of its Kathu 75MW PV project.
- Kieran is recognised as a leading lawyer in South Africa by Chambers Global, Legal 500, IFLR1000 and 2019 Who’s Who Legal: Energy.
Professional Associations and Memberships
- Law Society of the Northern Provinces - Member
- South Africa (1987)
- University of the Witwatersrand (Higher Diploma Company Law) (1994)
- University of South Africa (Management Development Programme SBL) (1990)
- University of the Witwatersrand (Bachelor of Laws) (1986)
- University of the Witwatersrand (Bachelor of Arts) (1983)