Public, private partnerships are key to growth

By Stephen Wandeto Muriuki
 

 

During his recent visit to the United Kingdom, President Uhuru Kenyatta appealed on Kenyans living in Great Britain to invest back home. He suggested that this would develop the country and contribute towards its progress.

However we need to understand the legal framework for such engagement by both Kenyan and foreign investors. How can investors participate in the development agenda as guided by Kenya’s Vision 2030 development blueprint?

What is the legal framework for partnering with the National and County Governments to fund development projects?

This is answered by the Public and Private Partnership Act No. 15 of 2013. This Act provides a clear legal framework for public–private partnerships.

The partnerships are mainly aimed at financing provision of public services and infrastructural developments, particularly because capital investment has been a main hindrance.

The Act establishes various legal institutions and State departments to facilitate and monitor this co-operation. It allows State departments, agencies or corporations and county governments to enter into contracts with the private sector otherwise known as Project Agreements.

The law also ensures accountability to the process of financing public projects since the private parties must be approved hence minimising corruption.

Once the principal secretaries are appointed, they will constitute the Public Private Partnership Committee. The committee will provide overall policy direction, approve all project agreements and ensure proper implementation of the projects.

A Public Private Partnership Unit will also be established as a state department led by a director and served by a team of experts in economics, finance, engineering and law. The unit will be the secretariat and technical arm of the committee.

It therefore means that the implementation of this law should be a priority for the government. It will facilitate growth and development both at the National and County levels of government.

It will also ensure that Kenyans living abroad, as the President rightly observed, do not just send monthly remittances but contribute to transforming Kenya and investing in opportunities that will help improve their living standards.

The writer is an advocate of the High Court of Kenya