Public-Private Partnership Act, 2021, Cap. 430.

This Act, divided into ten Parts and consisting of 93 sections, prescribes the procedures for the participation of the private sector in the financing, construction, development, operation or maintenance of infrastructure or development projects through public private partnerships; harmonises the institutional framework for the implementation of public private partnership projects; implements Constitutional provisions on procurement relating to public private partnerships; provides for a transparent project selection process, clear procurement procedures, reduced regulatory approvals and expanded contractual models in order to promote private sector investment. This Act applies 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.
Part II of the Act concerns: public private partnerships committee and its powers and functions, including: formulating policies on public private partnerships. Part III focuses on public private partnerships agreements, including duties of contracting authorities, duration of public private partnership agreements, government support measures, success fees and recoverable project development costs. Part IV concerns projects identification and selection of private parties. Part V details public private partnerships procurement methods. Part VI focuses on public private partnerships agreements by county governments. Part VII concerns project companies, disclosures and projects agreements. Part VIII concerns financial provisions and the establishment of a fund. Further Parts concern transitional and final provisions, offences and penalties, inspection measures.