Privatization Methods and Poverty Alleviation: an Appraisal of the Legal Regime and Experience In Kenya
Abstract
This study is organized into five chapters. Chapter one discusses the theoretical framework of the
study. It adopts a theory of justice as framework for the study. It elaborates what such a
framework should entail in the context of social justice.
Chapter two addresses the argument that privatization regime in Kenya is based on efficiency
gains at the expense of social equity. It interrogates the approved privatization programme as
empirical evidence of efficiency gains approach as opposed to social equity.
Chapter three further advances the argument of efficiency gains model by making reference to
the selection criteria of privatization methods. It argues that the selection criteria favours
economic returns at the expense of social equity. Privatization method is selected based on fair
price considerations. It incorporates findings of a sample survey conducted to assess the public
perception of privatization methods and their impact on desired benefits of privatization. It
presents the argument that there is a public preference of a particular method of privatization and
that it may be useful to have a structured decision making model while selecting privatization
methods so that we can incorporate social equity in the selection process.
Chapter four develops the argument that social equity has been undermined by decision making
powers and processes under the Act because they tend to favour accumulation of privatization
benefits in the hands of the elite. It argues that the selection criteria may be affected through
exercise of ministerial powers. It argues that decision making powers and processes are lacking
in accountability, transparency and public participation. It incorporates findings of a survey
conducted to determine whether the Minister should be subjected to checks and balances and if
so the nature and scope of such checks. It evaluates the experience of previous privatizations and
how they have tended to accumulate benefits in the hands of the elite. This is thereafter
contrasted with the government policy of alleviating policy by making reference to poverty
policy papers. It contends that social equity has been side lined in decision making powers and
processes under the Privatization Act.
Chapter five concludes and makes recommendations on law reform and further research
questions.
Publisher
University of Nairobi
Subject
Privatization MethodsRights
Attribution-NonCommercial-NoDerivs 3.0 United StatesUsage Rights
http://creativecommons.org/licenses/by-nc-nd/3.0/us/Collections
- School of Law [291]
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