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{
    "id": 701080,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/701080/?format=api",
    "text_counter": 215,
    "type": "speech",
    "speaker_name": "Hon. (Dr.) Shaban",
    "speaker_title": "",
    "speaker": {
        "id": 139,
        "legal_name": "Naomi Namsi Shaban",
        "slug": "naomi-shaban"
    },
    "content": "The provision of public infrastructure, including power, road, rail, sea and airports, and services, including water, health and sanitation is a key mandate of governments the world over. These public goods are fundamental prerequisites for economic growth and development. Fiscal constraints experienced by countries, however, have resulted in the development of new and innovative approaches to the provision and financing of public infrastructure and services. Kenya adopted a public-private partnership (PPP) framework reflecting the Government’s desire to improve the quality, quantity, cost-effectiveness and timely provision of much-needed public infrastructure and services in Kenya. The private provision of public infrastructure and services has the potential to offer enhanced value for money and enables the Government to use the private sector’s delivery and projects completion expertise and capability for the benefit of the people. The Government’s first step was to strengthen the legal and regulatory framework for carrying out PPPs in Kenya, as part of a wider agenda of increasing private sector investments in infrastructure development. In March 2009, the Government established an institutional framework through regulations issued under the Public Procurement Disposal Act, that is, the Public Private Partnership Regulations of 2009. In 2010 a review of Kenya’s legal and regulatory framework recommended the enactment of a PPP law to address the identified gaps, inconsistencies, conflicts and overlaps. In December 2011, the Government approved a PPP policy statement which led to the enactment of the PPP Act (No. 15 of 2013). The PPP (Amendment) Bill, 2016, read for the first time in this House on 19th July 2016, proposes, in summary, to:- (i) Amend the PPP Act of 2013 to recognise county governments as distinct contracting authorities for PPP projects; and (ii) Provide for guidelines to be made by the Cabinet Secretary to facilitate the manner in which county governments may deal with PPP arrangements. I now seek to highlight the proposed amendments contained in this Bill. The amendment contained in Clause 2 amends Section 2 of the Act by deleting the definition of “contracting authority” and substituting it with a new definition. The new definition clearly recognises the two levels of government and also recognises that a county government may have a county corporation which is now recognised as a contracting authority. The amendment contained in Clause 3 repeals Section 3 of the Act and replaces it with a new section which expands the instances where the Act applies to include any contract for the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}