The PPP Directorate has reaffirmed that oversight of Public Private Partnership (PPP) projects remains its statutory mandate, clarifying that the proposed Public Private Partnerships (Amendment) Bill, 2026 does not seek to transfer these responsibilities to Contracting Authorities.
Speaking during the ongoing nationwide public participation exercise on the proposed amendments to the PPP law and regulations in Mombasa, the PPP Director General, Eng. Kefa Seda clarified that the proposed amendment to Section 19(2)(g) of the PPP Act only seeks to align the provision with Section 55(4), which requires Contracting Authorities to submit tender evaluation reports to the Directorate for “no objection” rather than approval.
He explained that the proposed change is intended to remove ambiguity and ensure consistency within the legal framework, while maintaining the Directorate’s oversight role through the no-objection mechanism. This process provides the National Treasury, through the PPP Directorate, with the authority to provide guidance, oversight and assurance in the delivery of PPP projects.
The clarification follows media reports suggesting that the proposed reforms would transfer the Directorate’s oversight functions to Contracting Authorities.
In remarks he delivered on behalf of the Principal Secretary for Public Investments and Assets Management, Mr. Cyrell Wagunda, Eng. Seda said the proposed amendments are aimed at strengthening Kenya’s PPP framework by addressing operational gaps identified since the enactment of the PPP Act, 2021.
The public participation exercise has now moved to the Coast region, bringing together stakeholders from Mombasa, Kilifi, Kwale, Lamu, Tana River and Taita Taveta counties to review the proposed legal reforms and provide feedback before submission to Parliament.
Eng. Seda noted that the consultations provide an opportunity for stakeholders to contribute to the development of a more effective and responsive PPP framework that enhances public understanding, promotes local content and expands opportunities for Kenyan businesses, professionals and communities to participate in PPP project delivery.
He assured stakeholders that the PPP framework remains anchored on strong governance, accountability and protection of public interest through robust approval processes involving Contracting Authorities, the PPP Directorate and the PPP Committee, supported by mandatory disclosures at key stages of project implementation.
