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Privatization Act

22. Identification of entities for the programme

Edition: 2026-03-25 · In force

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22. Identification of entities for the programme

(1)The Cabinet Secretary shall identify and determine the entities to be included in the Privatization Programme.
(2)Without prejudice to the generality of subsection (1), the Cabinet Secretary shall, in the identification and determination of entities for privatization, take into consideration—
(a)the relevant government policies in respect of privatization;
(b)the strategic priorities and policy goals to be achieved by the privatization;
(c)the strategic nature of the public entity to be privatized;
(d)the national security interests;
(e)the need to avoid a privatization that may result in a monopoly;
(f)the need to avoid a privatization that may accord the new owners’ special protection or access to credit on concessionary terms as a result of the National Government’s sovereign status;
(g)the extent of regulatory adjustments required;
(h)the need to reduce budget drain on government resources;
(i)the expected benefits to be gained from a proposed privatization; and
(j)any other relevant consideration.
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Source: Kenya Law