High Court Declares Parts of Kenya’s PPP Law Unconstitutional
However, the court has suspended the effect of the declaration for six months to allow Parliament time to amend the law.
Nairobi, Kenya - The High Court has ruled that certain portions of Kenya's Public-Private Partnerships (PPP) Act are unconstitutional, requiring parliamentary oversight for projects that create financial obligations for the national government. The court suspended the ruling for six months to allow time for law amendments. The decision was based on a petition questioning the legal framework governing privately initiated PPP proposals, including the Greenfield International Airport (GKIA) and the Kenya Electricity Transmission Company (KETRACO).
While the projects were cancelled before the petition was heard, the court felt it necessary to address the broader constitutional concerns raised by the case. The petitioners argued that the PPP Act lacked sufficient parliamentary oversight for projects that could generate significant government expenses or liabilities. The court agreed, stating that Parliament must have control over government finances and expenditure, even if a project begins with private financing.
This decision does not mandate individual project approvals by Parliament but rather emphasizes the need for oversight when public funds, guarantees, or debt become involved. The court did not rule on the broader PPP framework or alternative procurement methods, leaving room for further legal interpretation.
Written by urgent.news from Capital FM Kenya's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
