ADVOKS GLOBAL · KENYA
Public Private Partnerships Act
41. Due diligence on privately-initiated proposals
Edition: 2022-12-31 · In force
41. Due diligence on privately-initiated proposals
The Directorate, in co-ordination with the contracting authority, shall, before commencing an evaluation of a privately-initiated proposal, conduct due diligence to confirm that the private party—(a)has not been debarred by any country or any international organization from participating in public private partnerships or similar arrangement;(b)is not corrupt, has not engaged in acts of corruption, and has not been sued or convicted on account of acts of corruption;(c)is not insolvent, under receivership or bankrupt and its affairs are not being administered by a court or judicial officer, its business activities have not been suspended, and it is not subject to any current legal proceedings;(d)is tax-compliant in all jurisdictions in which it has local tax presence, and in its home country of registration, and is not at default on payment of social security and employment benefits or contributions in its jurisdictions of operation and registration; and(e)has not, and its directors or officers have not, been convicted of any criminal offence related to professional conduct within a period of five years preceding the submission of the proposal, and have not otherwise been disqualified pursuant to administrative suspension or debarment proceedings.