The Legal And Institutional Environment On Implementation Of Public Private Partnerships In Kenya

Abstract

In recent past, there has been a move by many developing countries to bridge their budget deficit by mobilizing funding from the private sector to finance their development agenda. Many governments, including Kenya, seek to leverage on Public Private Partnerships (PPPs) as they afford them the opportunity to procure and implement public infrastructure projects and/or services that would otherwise not be attainable due to financial constraints. However, PPP projects in Kenya face a myriad of challenges which can be attributed to weaknesses in the current PPP legal and institutional framework. There is need to develop a strong legal system as no country can grow without the right guiding principles and laws regulating economic development. This study reviewed the legal and institutional environment on which implementation of the Kenyan PPP programme is founded. It revealed the current PPP framework is inadequate to guarantee successful implementation of PPP projects towards realization of the sustainable development goals under Vision 2030. A comparative analysis of PPP experience in Nigeria and India was also undertaken to get insights on how to improve the Kenyan PPP legal and institutional environment.