Projects & PPP

Public-private partnerships (PPPs) under the Public Private Partnerships Act 2021, concession structures, BOT and BOOT arrangements, viability-gap funding, project finance documentation, and procurement under the Public Procurement and Asset Disposal Act. We advise procuring authorities, sponsors, lenders and EPC contractors across transport, water, energy and social-infrastructure projects.

What we advise on. We advise on the structuring, procurement, documentation and financing of public-private partnerships and major infrastructure projects: BOT, BOOT and concession models, availability-based and user-pays structures, viability-gap funding, project-finance documentation, and direct agreements with lenders. We act through the full cycle from feasibility and procurement to financial close and operation.

Governing law and regulators. Our work is grounded in the Public Private Partnerships Act 2021 and its regulations, the Public Procurement and Asset Disposal Act 2015, and the County Governments Act for devolved projects, engaging the PPP Directorate, the National Treasury and the relevant contracting authority or county government.

Who we act for. We act for procuring authorities and county governments, project sponsors and developers, lenders and DFIs, and EPC and O&M contractors across transport, water, energy, health and social infrastructure. Acting on both the public and private side gives us a clear view of how these deals reach financial close.

Why OLM for projects and PPP. PPPs are long, complex and politically sensitive. We bring structure and discipline to the process, we draft contracts that allocate risk in a financeable way, and we keep the procurement defensible so the project survives scrutiny and reaches close.

Frequently Asked Questions

What is the PPP process in Kenya? Under the Public Private Partnerships Act 2021, projects move through feasibility, procurement, negotiation and approval, financial close and operations. The PPP Directorate oversees the process, and Cabinet approval is required for projects above prescribed thresholds. We advise at every stage.

What is a concession agreement in Kenya? A concession agreement grants a private party the right to develop, operate and maintain a public asset or service for a defined period, recovering investment through user fees or government availability payments. We draft and negotiate concession agreements for both procuring authorities and concessionaires.

Can county governments procure PPPs in Kenya? Yes. Counties may procure PPPs under the County Governments Act and the PPP Act, engaging the PPP Directorate and the relevant county executive. We advise county governments and their private-sector counterparties on county-level PPP procurement and documentation.