PPP Institutional Framework
PPP INSTITUTIONS
SPecific Roles
THE PPP COMMITTEE
THE PPP PETITIONS COMMITTEE
THE PPP DIRECTORATE
THE CONTRACTING AUTHORITIES (CAs)
THE PPP COMMITTEE
The PPP Committee is the top policy making organ for all PPP matters. It provides the overall strategic direction of the Kenyan PPP Programme and ensures there exists a conducive legal and institutional environment for PPPs to thrive.
The Committee consists of the following members:
- The Principal Secretary in the State Department of responsible for matters relating to finance, who is the chairperson;
- The Principal Secretary in the State Department responsible for matters relating to planning;
- The Principal Secretary in the State Department responsible for matters relating to infrastructure;
- The Solicitor-General;
- Two persons nominated by the Council of County Governors;
- Three persons, not being public officers, appointed by notice in the gazette by the Cabinet Secretary; and
- The Director-General, who shall be the Secretary.
THE PPP PETITIONS COMMITTEE
The PPP Petition Committee, established under section 75 of the PPP Act 2021, is set up as a tribunal to adjudicate on all petitions and complaints submitted by a private party during the process of tendering and entering into a PPP project agreement. The Committee discharges its functions through a Secretariat.
THE PPP DIRECTORATE
The Directorate is established under section 15 of the PPP Act of 2021 and is domiciled at the National Treasury to provide process leadership, project preparatory support, procurement guidance and leadership, and contract negotiation and project oversight in PPPs. It is also the technical arm of the PPP Committee and performs the following specific functions:
- Originating, guiding and coordinating the selection, ranking and prioritization of public private partnership projects within the public budget framework;
- Overseeing project appraisal and development activities of contracting authorities including providing technical expertise in the implementation of projects under the PPP Act 2021;
- Leading contracting authorities in project structuring, procurement, tender evaluation, contract negotiation and deal closure;
- On its own motion, originating and leading in project structuring and procurement, in liaison with a contracting authority;
- Supporting the development of public private partnerships programmes in the country;
- Overseeing contract management frameworks for projects under the PPP Act 2021;
THE CONTRACTING AUTHORITIES (CAs)
The PPP Act of 2021 recognizes Contracting Authorities (CAs) as Ministries/Government Departments, County Governments and Statutory Corporations. Their main responsibilities with respect to PPP are to identify, develop, implement and monitor projects. To discharge their responsibilities, CAs are required to conduct feasibility studies, prepare the project for procurement, conduct the tender phases of the project and negotiate project agreements for the project. Each CA undertaking a PPP project is required to establish a Project Implementation Team (PIT), staffed with officers with the ability to carry out day-to-day management of a PPP project. The PIT must include a representative from the Directorate and such technical, financial and legal experts of the CA and as determined by the CA and the Directorate.
PPP Petitions Committee
The PPP Petitions Committee, established under Section 75(1) of the PPP Act 2021, is responsible for hearing and determining petitions regarding any decision by the Committee, Directorate or a contacting authority under the Act. The PPP Petitions Committee consists of the following persons appointed by the Cabinet Secretary:
Professor Githu Muigai hold an LLB and a PhD from the University of Nairobi, an LLM from the Colombia University Law School and Diploma in law from the Kenya School of Law. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb).
He was called to the Bar in 1985. He specializes in public procurement law, corporate finance, civil and commercial litigation. He is a recognized company on bank securities. In addition to the practice of Law, he is the immediate former Attorney General of the Republic of Kenya.
Members
Stakeholders
The PPP Directorate has two key sets of stakeholders:
External Stakeholders
Public Parties
Private Parties
People
Press
Partners
Policymakers
Internal Stakeholders
Principal Secretary,
National Treasury
National Treasury
PPP Committee
PPP Petition Committee
PPP Directorate Staff
