ADVOKS GLOBAL · KENYA
Public Private Partnerships Act
72. Amendment and variation of project agreements
Edition: 2022-12-31 · In force
72. Amendment and variation of project agreements
(1)A party to a project agreement intending to make any amendment or variation to the agreement in relation to the terms and conditions specified therein, the outputs of a project or any waivers specified in the agreement, may enter into negotiations with the other party on the proposed amendment, variation or waiver:Provided that the amendment, variation or waiver shall not take effect unless it is approved by the Committee and Attorney-General.(2)An amendment, variation or waiver to a project agreement under subsection (1) shall not be approved unless it is demonstrated that the agreement, if so amended or varied or provision waived, shall ensure—(i)the project shall continue to provide value for money;(ii)the project shall continue to be affordable as verified by the Directorate, where such amendment, variation or waiver has financial implications;(iii)the continued transfer of appropriate risks to the private party;(iv)the continued provision of efficient and effective public services; and(v)the continued protection and preservation of the environment.(3)Any approval under subsection (2) shall be in writing.