Government & State-Owned Entities
Public-sector lawyers for national and county government bodies, state corporations and regulatory agencies in Kenya. We advise on public procurement under the PPADA, public-private partnerships under the PPP Act 2021, administrative and judicial-review disputes, statutory governance, and constitutional compliance — combining technical depth with an understanding of the public-accountability environment.
Relevant expertise: Projects & PPP; Dispute Resolution & ADR; Mining, Energy & Infrastructure; Employment & Labour
How we help. We act for national and county government bodies, state corporations and regulatory agencies on public procurement under the Public Procurement and Asset Disposal Act, public-private partnerships under the PPP Act 2021, administrative and judicial-review disputes, statutory governance and board advisory, and constitutional compliance. We bring private-sector rigour to public-sector mandates.
Why OLM for government and state-owned entities. Public-sector work demands technical excellence plus a clear understanding of the public-accountability environment — procurement scrutiny, audit, oversight and the courts. We deliver advice that is both commercially sound and defensible against challenge.
Frequently Asked Questions
What law governs public procurement in Kenya? The Public Procurement and Asset Disposal Act 2015 and its regulations, overseen by the Public Procurement Regulatory Authority, govern public tenders. We advise procuring entities and bidders on compliant, defensible processes.
Can government procurement decisions be challenged? Yes — through the Public Procurement Administrative Review Board and, on judicial review, the courts. We both defend and bring procurement challenges.
How are PPPs procured by government? Under the Public Private Partnerships Act 2021, through feasibility, procurement and negotiation overseen by the PPP Directorate and National Treasury. We advise on the process.
What is judicial review of a government decision? It challenges the lawfulness of administrative action on grounds such as illegality, irrationality or procedural unfairness. We bring and defend judicial-review applications.
How are county-government matters handled? Counties operate under the County Governments Act with their own procurement and contracting powers. We advise counties and counterparties.
What governance applies to state corporations? State corporations follow the State Corporations Act and applicable governance codes on board composition and accountability. We advise on governance.
How are administrative disputes resolved? Through internal review, tribunals and judicial review in the courts. We represent public bodies and affected parties.
What is the Public Procurement Administrative Review Board? It hears challenges to procurement decisions before matters proceed to court. We appear before it for and against awards.
What constitutional-compliance issues affect public bodies? Public bodies must act within the Constitution, including on rights, public participation and fair administrative action. We advise on compliance.
How is public participation required in decisions? The Constitution and statutes require public participation in many decisions; failure can invalidate them. We advise on compliant processes.
What contracting powers do public entities have? Public entities contract within statutory mandates and procurement rules; ultra vires contracts are vulnerable. We advise on valid contracting.
How are disputes with government contractors handled? Through contract dispute clauses, arbitration where provided, and the courts. We resolve government-contract disputes.
What transparency and audit rules apply? Public finance and audit laws impose transparency, reporting and Auditor-General oversight. We advise on compliance.
Can a public body enter a PPP or concession? Yes, under the PPP Act and applicable mandates, subject to approvals. We structure and document public-side PPPs.
What employment rules apply in the public sector? Public-service employment follows specific frameworks alongside general employment law. We advise public employers.
How is asset disposal by government regulated? Disposal follows the Public Procurement and Asset Disposal Act’s competitive and transparency requirements. We advise on compliant disposals.
What liability do public officers face? Public officers can face personal and institutional liability for unlawful or irregular decisions. We advise on risk and compliance.
How are regulatory agencies’ decisions challenged? Through statutory appeals and judicial review, depending on the enabling law. We advise regulators and regulated parties.
How can OLM help a public-sector body? We advise on procurement, PPPs, administrative and judicial-review disputes, governance and constitutional compliance — bringing private-sector rigour to defensible, accountable advice. Contact us to discuss your needs.