Public Private Partnerships (PPP) Practice and Regulatory Policy in Kenya

PPPs may be defined as “institutional relationships between the state and the private for-profit and/or the private not for-profit sector, where the different public and private actors jointly participate in defining the objectives, the methods and the implementation of an agreement of cooperation”. PPPs are a variation of Privatization in which elements of a service previously run solely by the public sector are provided through a partnership between the government and one or more private sector companies. The objectives of this study are to review the status of PPPs in Kenya and to discuss comparative approaches to their design and identify best practices for PPP frameworks. Secondly, it was intended to propose appropriate mechanism and regulatory approach for auditing performance and cost-effectiveness of PPPs taking in consideration competition law and policy as well as consumer protection and other regulatory policies that may be relevant for the proposed framework for PPPs. Thirdly, there was a requirement to conduct an audit on the appropriate procurement issues that arise from existing practices in PPPs and to propose appropriate structural, legal and policy reforms that should inform the adoption of PPP frameworks in Kenya.