The government has intensified public consultations on proposed amendments to the Public Private Partnerships (PPP) legal framework as it seeks to improve infrastructure development, attract private investment and address challenges experienced in implementing PPP projects.
Stakeholders in Uasin Gishu County were taken through the PPP (Amendment) Bill 2026, the draft PPP (Project Management) Regulations 2026 and the draft PPP (General) Regulations 2026 during a public participation forum held in Eldoret.
The consultation, led by the National Treasury’s Public Private Partnerships Directorate, provided citizens, business leaders, government representatives and other stakeholders with an opportunity to review the proposed legal changes and submit their views before the documents are finalized and forwarded to Parliament.
Speaking during the forum, PPP Director General Eng. Kefa Seda said public participation was critical in ensuring that the proposed reforms reflect the views and concerns of Kenyans.
He said PPPs have become an important mechanism for financing infrastructure projects as the government continues to face fiscal constraints caused by increasing demand for public services and limited resources.
“Public Private Partnerships have therefore become vital in bridging the government’s infrastructure funding gap. They provide a viable off-balance sheet solution for continued infrastructure development,” said Seda.
He explained that PPPs involve collaboration between the public and private sectors to deliver public functions or services, with private partners receiving compensation through agreed arrangements.
Seda noted that although Kenya has made progress in using PPPs to develop infrastructure, implementation challenges and regulatory gaps experienced over the past decade necessitated a review of the existing framework.
The PPP Act of 2013, which was amended in 2021 to improve efficiency and provide clearer timelines for investors, has faced practical challenges requiring further improvements.
“The country has an aspiration to develop and one of the key catalysts is infrastructure development. Given the fiscal constraints we are facing, Public Private Partnerships provide an alternative mechanism for delivering critical infrastructure projects,” he said.
The proposed amendments target three key areas: the PPP Act, the General Regulations and the Project Management Regulations. According to Seda, the changes are intended to improve project delivery, remove uncertainties and provide investors with greater confidence.
He said the government is particularly focused on creating a predictable environment that encourages private sector participation while ensuring public interest is protected.
The public participation exercise began on July 13 and has already covered regions including Nyanza, Western Kenya and the Coast before moving to the Rift Valley. Similar forums are being conducted in Kajiado and Kitui, with the final consultation expected in Nairobi.
Seda encouraged Kenyans, including persons living with disabilities, private sector players and representatives from public institutions, to participate by attending forums or submitting written memoranda through the PPP Directorate’s official platforms.
He said all submissions received will be reviewed and considered before the proposed amendments are finalized.
The PPP Director General also addressed concerns over delayed government payments to contractors, acknowledging that fiscal challenges had contributed to pending bills affecting some projects.
He, however, said the government had introduced measures to clear outstanding payments, enabling contractors to resume work.
“We are happy to report that many contractors have resumed work after the government securitized funds to facilitate payment of pending bills,” he said.
Seda added that ensuring investor confidence requires guarantees that contractual obligations will be honoured on time.
He said the government was working with international financial institutions, including the African Trade and Development Bank (TDB) and the World Bank, to establish credit enhancement mechanisms such as partial risk guarantees aimed at reducing payment risks for investors.
He explained that after completion of the public participation process, the Directorate will analyze the submissions, incorporate suitable proposals and undertake a validation exercise before presenting the revised drafts to stakeholders.
The proposed amendments will then be submitted to Parliament, which will conduct its own public participation process before debating and considering the legislation.
Uasin Gishu Deputy County Commissioner Mathew Yego Baroni urged stakeholders to actively participate in the process, saying their views would help shape government policy and planning.
Baroni said public participation is a constitutional requirement under Articles 10 and 118 of the Constitution of Kenya, which promote democratic governance and citizen involvement in decision-making.
He encouraged stakeholders to use the opportunity to provide constructive feedback that would strengthen the PPP framework and ensure it serves the needs of Kenyans.
The forum was attended by representatives from the PPP Directorate, including Faith Pesa from the Legal Department, Project Officer Elijah Kirimi and other technical officers.
By Ekuwam Sylvester
