Public Private Partnerships Act

4. Application of Act

Edition: 2022-12-31 · In force

4. Application of Act

(1)This Act shall apply to every project agreement for the financing, design, construction, rehabilitation, operation, equipping or maintenance of a project or provision of a public service undertaken as a public private partnership.

(2)The provisions of the Public Procurement and Asset Disposal Act (Cap. 412C), shall not apply to a public private partnership.

(3)Without prejudice to the generality of subsection (2), the provisions of the Public Procurement and Assets Disposal Act (Cap. 412C) shall—

(a)not apply to a public private partnership project, if all the monies for the project are from the private party;

(b)apply if there is counterpart funding that is, including public funds, for the public private partnership project.

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Source: Kenya Law