Related documents
- Is amended by 24th Annual Supplement
LAWS OF KENYA
PUBLIC PRIVATE PARTNERSHIPS ACT
CAP. 430
- Published in Kenya Gazette Vol. CXXIII—No. 264 on 31 December 2021
- Assented to on 7 December 2021
- Commenced on 23 December 2021
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Public Private Partnerships Act.2. Interpretation
In this Act, unless the context otherwise requires—"affordability" means that—3. Object of the Act
The object of this Act is to—4. Application of Act
5. Act to prevail
Where there is a conflict between the provisions of this Act and the provisions of any other written law, the provisions of this Act shall prevail.Part II – PUBLIC PRIVATE PARTNERSHIP COMMITTEE
6. Public Private Partnership Committee
7. Qualification and terms of members
8. Functions and powers of the Committee
9. Vacation of office
10. Subcommittees
The Committee may establish such subcommittees as it may consider necessary for the proper performance of its functions and exercise of its powers under this Act.11. Delegation by the Committee
The Committee may, by a resolution either generally or in a particular case, delegate to a subcommittee or to a member, officer, employee or agent of the Directorate, the exercise of any of the powers or performance of any of the functions of the Committee.12. Conduct of the business of the Committee
13. Code of conduct
The Cabinet Secretary may make Regulations prescribing a code of conduct for Committee’s members and officers, employees and agents of the Directorate.14. Remuneration
There shall be paid to the members of the Committee such remuneration or allowances as the Cabinet Secretary may, in consultation with the Salaries and Remuneration Commission, determine.15. Directorate
16. Director-General
17. Staff of the Directorate
Subject to section 31 and 37 of the Public Service Commission Act (Cap. 185) the Cabinet Secretary shall, in consultation with the Director-General, appoint the staff of the Directorate.18. Secondment of staff to the Directorate
19. Functions of the Directorate
Part III – PUBLIC PRIVATE PARTNERSHIPS
20. Project agreements
21. Public private partnership arrangements
22. Duties of contracting authorities
23. Determination of the duration of public private partnership agreements
24. Execution of project agreements
Where a contracting authority intends to enter into a public private partnership, a person shall not, unless that person is the accounting officer of the contracting authority, enter into a project agreement in relation to that project on behalf of the contracting authority.25. Submission of project lists
26. National list and priority list of projects
27. Prequalification procedures
A contracting authority intending to enter into a project agreement with a private party shall, before the execution of the project agreement, confirm that the private party has—28. Government support measures.
29. Success fees and recoverable project development costs
Part IV – PROJECT IDENTIFICATION AND SELECTION OF PRIVATE PARTIES
30. Project identification, selection and prioritisation
31. Project preparation and implementation
32. Feasibility studies
33. Approval of feasibility reports
34. Technical expertise of contracting authorities
35. Standards and procedures
36. Limitation of contingent liabilities
Part V – PUBLIC PRIVATE PARTNERSHIPS PROCUREMENT METHODS
37. Procurement methods
Direct Procurement
38. Direct procurement
A contracting authority may, in consultation with the Directorate, use direct procurement if any of the following conditions are satisfied—39. Procedure for direct procurement
A contracting authority shall adhere to the following procedures during direct procurement of projects—(a)issue a tender document which shall be the basis of tender preparation by the contracting authority and subsequent negotiations;(b)appoint an evaluation committee in accordance with the standards and practice procedures issued under this Act for the negotiation of a direct procurement of a project;(c)ensure that appropriate approvals under this Act have been granted;(d)ensure that the resulting project agreement complies with this Act; and(e)any other procedure that may be prescribed by the Cabinet Secretary.Privately-Initiated Proposals
40. Privately-initiated proposals
41. Due diligence on privately-initiated proposals
The Directorate, in co-ordination with the contracting authority, shall, before commencing an evaluation of a privately-initiated proposal, conduct due diligence to confirm that the private party—42. Evaluation of privately-initiated proposals
43. Project development of privately-initiated proposals
44. Procurement design
Restricted Bidding
45. Restricted bidding
Competitive Bidding
46. Requests for qualification
47. Qualification of private parties
48. Prequalification committees
49. Disqualification of private parties
50. Invitations to bid
51. Submission of bids
52. Competitive dialogue
53. Bids by consortiums
54. Proposal evaluation teams
55. Evaluation of bids and evaluation reports
56. Non-compliance by bidders
57. Negotiations
58. Project and risk assessment reports
59. Approval of project and financial risk assessment reports by the Committee
60. Approval of projects
61. Execution of project agreements
62. Cancellation of tenders
63. Agreements to be ratified by Parliament
The Cabinet Secretary responsible for a contracting authority that enters into a project agreement with a private party under this Act in respect of the exploitation of natural resources shall submit the project to Parliament for approval in accordance with Article 71 of the Constitution and the relevant written law relating to the exploitation, conservation or management of the natural resource.Part VI – PUBLIC PRIVATE PARTNERSHIPS BY COUNTY GOVERNMENTS
64. Project agreements by county governments
65. Approved by county assemblies
66. County project lists
67. Part V to apply
The provisions of Part V shall apply, with the necessary modifications, to public private partnership projects by county governments.Part VII – PROJECT COMPANIES, DISCLOSURES AND PROJECT AGREEMENTS
68. Project companies
69. Publishing information on execution of project agreements
70. Minimum obligations of parties to a project agreement
71. Applicable law
72. Amendment and variation of project agreements
73. Project management
74. Secondment of employees of contracting authority
75. Petition Committee
76. Secretary
77. Remuneration
The members of the Committee shall be paid such salaries and allowances as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Committee, determine.78. Conflict of interest
A member of the Committee who has a direct or indirect interest in a matter before the Committee shall declare the interest and shall not participate in any proceedings of the Committee on the matter.79. Offences
80. Decree
The Committee shall issue a decree setting out its decision in a particular matter and the decree shall be enforceable in the same manner as a decree of the Court.Part VIII – FINANCIAL PROVISIONS
81. Public Private Partnership Project Facilitation Fund
82. Financial reporting, audit and project performance reports
Part IX – MISCELLANEOUS PROVISIONS
83. Local content
84. Offences and penalties
85. Participation of State officers or public officers in tenders under this Act
86. Inspection of public private partnership premises, etc.
A private party shall, on the request of a contracting authority or Directorate, grant to an agent or employee of the contracting authority or Directorate, access to the project premises, site and storage facilities as well as records for the purpose of conducting an inspection in accordance with the terms of a project agreement.87. Application of Part V and Part VI of (Cap. 65)
The Offences set out under Part V and the compensation and recovery of improper benefits set out under Part VI of the Anti-Corruption and Economic Crimes Act (Cap. 65) shall apply to this Act with the necessary modifications.88. Annual report
89. Regulations
Part X – SAVINGS AND TRANSITIONAL PROVISIONS
90. Interpretation
In this Part, unless the context otherwise requires-91. Members and staff
92. Savings
93. [Spent]
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
31 December 2021
23 December 2021
Commenced
07 December 2021
Assented to
Cited documents 0
Documents citing this one 10
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