The High Court has declared parts of Kenya’s Public-Private Partnerships (PPP) Act unconstitutional, ruling that Parliament must have oversight over PPP projects that create financial obligations for the national government. The court has suspended the declaration for six months to allow for legislative amendments.

• Sections 59, 60, and 72 of the PPP Act were declared unconstitutional to the extent they omit parliamentary approval for PPP projects resulting in government expenditure, guarantees, public debt, or other public liabilities.
• The ruling stemmed from a petition challenging the legal framework for privately initiated PPP proposals, referencing projects like the Greenfield International Airport (GKIA) and KETRACO.
• The court rejected the argument that the PPP framework allows inadequate competition for privately initiated proposals, emphasizing adherence to transparency, fairness, and value for money.