0119 175 651
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info@skcadvocates.com
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Mon - Fri 09:00-17:00

Procurement, Privatisation and Public–Private Partnerships

Procurement, Privatisation and Public–Private Partnerships

SKC Advocates LLP is a trusted adviser in Kenya’s public sector transactions landscape, acting for government ministries, county governments, state corporations, multilateral agencies, private investors, sponsors, and financiers on complex and high-value public procurement, privatisation, and PPP projects.

We combine deep knowledge of laws related to Public Procurement and Asset Disposal, the Public Private Partnerships, privatisation frameworks, and other sector-specific legislation with strong transactional and regulatory capability, enabling us to deliver end-to-end support on strategically significant public investments .

Our public procurement practice advises procuring entities and bidders on compliance, procurement planning, tender structuring, bid strategies, evaluation criteria, and contract award processes. We support a wide range of procurement methods, including open and restricted tendering, requests for proposals (RFPs), design-build (BD) arrangements, framework agreements, and international competitive bidding. We also represent clients in procurement disputes before the Public Procurement Administrative Review Board and the Courts.

In public–private partnerships, we advise public authorities on project identification, feasibility and value-for-money assessments, structuring, and procurement. We also act for private sponsors, developers, and lenders throughout the PPP lifecycle, including bid preparation, negotiation, financial close, implementation and operations. Our work covers the drafting and negotiation of project and concession agreements, government support instruments, risk-allocation frameworks, land acquisition, regulatory approvals, refinancing, restructuring, and secondary market transactions for operational PPPs.

Our Process

1. Planning The Case

2. Evaluate Situation

3. File The Case To The Court

4. Gather More Information

Our privatisation practice

supports both government and investors on the divestment and acquisition of state-owned enterprises through share sales, concessions, management contracts, and public offerings. We advise on privatisation strategy, valuation, due diligence, transaction structuring, competition and regulatory approvals, and post-transaction integration, as well as broader sector reforms and institutional restructuring initiatives .

Our approach is strategic, transparent, and commercially grounded. We work collaboratively across disciplines to structure bankable and sustainable public projects, anticipate policy and regulatory developments, and integrate environmental, social, and governance considerations. The result is practical legal support that withstands scrutiny, delivers value for money, and supports long-term public and private sector objectives.

Frequently Asked Questions

How can a bidder challenge a public procurement decision in Kenya?

An aggrieved bidder may file a Request for Review before the Public Procurement Administrative Review Board within strict statutory timelines. Further recourse lies before the High Court. Immediate legal action is critical.

What are the key legal risks in Public–Private Partnership (PPP) projects?

Risks include revenue uncertainty, regulatory changes, land acquisition challenges, termination compensation exposure, and financing gaps. Clear concession terms and government support instruments are essential for bankability.

What is involved in privatisation of state-owned enterprises in Kenya?

Privatisation transactions involve due diligence, valuation, regulatory approvals, competition compliance, share or asset sale structuring, and post-transaction integration. Strategic legal oversight ensures transparency and transaction integrity.

Let us help you!

Navigate complex legal landscapes with confidence. Our qualified experts provide the strategic clarity required to protect your interests and deliver results.

Call : 0119 175 651

info@skcadvocates.com Mon – Fri 09:00-17:00

Case Studies

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Call Now : 0119 175 651

info@skcadvocates.com
·  Mon – Fri 09:00-17:00