The Role of Public Private Partnerships in InfraStructure in Kenya

Abstract

Infrastructure is a key contributor to Kenya’s economy, that necessitates significant financial backing. In 2013, the country developed the Public- Private Partnerships Act of 2013 as its preliminary framework to facilitate projects between the state, its citizens and foreign investors. This article explores the inception of Public Private Partnerships (“PPP”) in Kenya, its crucial role in advancing infrastructure especially in the mobility and energy network, the entities associated with PPP in Kenya and projects facilitated through this initiative. Additionally, the article scrutinizes the procedure for initiating and selecting projects, the procurement methods, fiscal risks and challenges associated with implementing PPP in Kenya, amendments made to the 2013 Act through the 2021 PPP Act and the legal stance on PPP in Kenya. Conclusively, the article gives an overview of the United Kingdom’s provisions on PPP as it was the pioneer in the initiation of such partnerships and has successfully developed exclusive projects over time, especially in its healthcare and transport system from which Kenya can adopt certain strategies.