A Review of Kenya’s Public Private Partnerships legal framework for implementing infrastructure projects by county governments

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dc.contributor.authorKaburu, Mildred Gakii
dc.date.accessioned2022-07-27T08:10:56Z
dc.date.available2022-07-27T08:10:56Z
dc.date.issued2021
dc.descriptionSubmitted to the Faculty of Law in partial fulfillment of the requirements for the award of the Master of Laws (LLM), at Strathmore Universityen_US
dc.description.abstractA Public Private Partnership (PPP) allows a public authority to benefit from the participation of the private sector in managing and financing public service expansion by outsourcing risk and by harnessing the innovative capacity and capital of the private sector. Consequently, the public agency can focus on policymaking, planning, and regulation. Thus, the PPP model can hasten delivery to curb Africa’s current dreary state of infrastructure. Therefore, this study examines the legal, institutional and procedural framework for carrying out PPPs at the county level in Kenya. The aim is to find out whether the current legislative framework is one of the key causes for the low uptake of PPPs at county level despite the apparent benefits of PPPs as a means for sourcing funds for infrastructure development. This study compares the legal framework for carrying out PPPs by South Africa and Nigeria which are the two African countries that have achieved great success in their local PPP projects and are the market leaders in infrastructure development in Africa. The study’s key finding is that the Kenyan PPP laws should be customized to suit County Governments because they are constitutionally mandated to provide critical services through infrastructure development. The study recommends the implementation of some of the lessons learnt from the two countries such as to customize the legal, institutional and procedural framework and for PPP arrangements by county governments in Kenya and to have the national government have a supportive role rather than a supervisory role in county government PPP projects.en_US
dc.identifier.urihttp://hdl.handle.net/11071/12911
dc.language.isoenen_US
dc.publisherStrathmore Universityen_US
dc.subjectPublic Private Partnership (PPP)en_US
dc.subjectLegal frameworken_US
dc.subjectInfrastructure projectsen_US
dc.subjectCounty governmentsen_US
dc.titleA Review of Kenya’s Public Private Partnerships legal framework for implementing infrastructure projects by county governmentsen_US
dc.typeThesisen_US
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LLM Theses and Dissertations (2021)