Legal and Regulatory Framework for PPPs, Kenya

To strengthen the legal and regulatory framework for carrying out PPPs in Kenya as part of a wider agenda of increasing private sector investments in infrastructure development:

1. In March, 2009 the Government of Kenya established an institutional framework through Regulations issued under the Public Procurement Disposal (Public Private Partnership) Regulations 2009;
2. In 2010, a review of Kenya’s legal and regulatory framework recommended the enactment of a PPP Law to address the identified gaps, inconsistencies, conflicts and overlaps;
3. In December 2011, the GOK approved a PPP Policy statement on PPPs;
4. On 5th December 2012, the GOK received a credit from the World Bank for the Infrastructure Finance and Public Private Partnership (IFPPP) Project. The overall objective of the IFPPP project is to increase private sector investment in the Kenyan infrastructure market and to improve the enabling environment so as to generate a pipeline of bankable PPP projects.
5. The PPP Bill was approved by Parliament in December 2012, received Presidential Assent on 14th January 2013, and was published as the Public Private Partnership Act, No. 15 of 2013 in the Kenya gazette supplement No. 27 on 25th January 2013. The PPP Act came into effect on 8th February 2013.

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