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{
    "id": 644240,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/644240/?format=api",
    "text_counter": 56,
    "type": "other",
    "speaker_name": "",
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    "content": "Government has in the recent past been committed to improving and strengthening the PPP legal framework in an effort to create a solid foundation for the private sector engagement. It started in 2009 with the adoption of PPP specific rules under the Public Procurement and Disposals Act of 2005 which was termed as Public Private Regulations of 2009. However, since then, there have been a number of other accomplishments, for instance, adoption of a PPP Policy in 2011 to articulate the Government’s commitment to PPPs. The enactment of the PPP Act on 8th February 2013 and gazettement of the PPP regulation on 19th December 2014 and the development of the draft county PPP regulations which are aimed at guiding institutional framework for the undertaking of PPP projects in the county governments. Several consultations have been held with the county governments in this respect to finalize these regulations. On the issue of institutions, there is the PPP Committee which has the overall responsibility of approving various projects as well as the Petition Committee which is a tribunal to adjudicate on all the petitions and complaints submitted by the private entity or party in the process of tendering into a PPP agreement. There is also the PPP unit which is established in the National Treasury as a national resource centre for PPP expertise. On the issue of support to private sector undertaking PPP projects; incentives provided by the Government, include issuance of binding letters of credit to underwrite political and some of the economic risks of the projects. The Government also provides signing off-take agreements that guarantee the private party that demands for the services as well as allowing the private party to charge a fee where appropriate to recover the investments and other fiscal incentives under the tax legislation. Mr. Speaker, Sir, lastly, to safeguard the public interest, the PPP Act aspires to implement the PPP programme. In doing so, the National Treasury has developed a sound fiscal commitment and contingent liability management framework. This is intended to ensure that services provided by the private party are affordable and do not bring unnecessary burden to the Government and the people of Kenya. This is consistent with statutory principles underpinning the PPP ideology. The projects are expected and required to be viable financially, technically, socially and legally. Let me stop there because the rest of the information is provided in the Statement."
}