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The Role, Impact, and Consequences of Litigation in Kenyan PPPs
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While Kenya is still in the early stages of implementing a structured PPP program, litigation seems to be an emerging reality; this has both positive and negative ramifications. Section 67 of the PPP Act 2013 provides for a Petition Committee to receive and resolve all complaints relating to the procurement of a PPP project in Kenya. The Petition Committee is in line with Article 50 of the Constitution of Kenya and acts as a tribunal to promote procedural fairness and transparency in the procurement of PPPs. Specific Petition Committee Guidelines were published in 2014 to support its functioning and to guide petitioners, and the Government of Kenya finalized Petition Committee Regulations recently. Given the frequency of litigation, the Petition Committee has been fully occupied with this work since its establishment.
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