31. Public Private Partnerships Act, No. 14 of 2021

The law provides for the participation of the private sector in the financing, construction, development, operation or maintenance of infrastructure that would have to be done by government.

Quick Link: https://new.kenyalaw.org/akn/ke/act/2021/14/eng@2022-12-31

· The Act repealed the Public Private Partnerships Act, 2013.

· In particular, the Act provides timelines on key project processes and stages to improve the environment; reduces the number of oversight approvals required from the PPP Committee in the course of project development; delegates various operational latitudes of guiding and championing project development for the Committee to the newly-established Directorate; expands the scope of arrangements that qualify as PPPs and expands the scope of procurement methods available for PPPs by introducing direct procurement as one of the methods; simplifies procedural elements on conduct of feasibility studies, tender evaluations, contract negotiations and approvals of applications.

· Overall, the Act is expected to expedite project development. In this regard, it may incentivize more private developers to participate in the affordable housing supply chain in collaboration with the national and county government