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Public-Private Partnerships

  • Overview
  • Experience
  • Market recognition

 

IKM’s Projects and Infrastructure practice has substantial experience across a diverse band of undertakings that include public-private partnerships (PPP). 

Our lawyers routinely advise both public sector procuring entities and private sector players in the structuring of such partnerships. Therefore, we understand the issues on both sides of the negotiating table.

Capabilities

  • Legal due diligence

  • Project agreements

  • Advice on the structuring of PPPs

  • Assistance on preparation of tender documents

  • Assistance with tender clarification responses

  • Support on tender evaluation

  • Conducting legal feasibility studies

  • Advising on the authorizations / licenses / permits required for projects

  • Negotiation and finalization of ensuing contracts

  • Risk analysis and mitigation

Experience includes:

  • Advising the Government in connection with several health care PPPs including: (i) Moi Teaching and Referral Hospital - College of Health Sciences Project; (ii) Pwani University Teaching and Referral Hospital Project; (iii) The Managed Equipment Services Project across the 47 Counties in Kenya; (iv) Meru Teaching and Referral Hospital Cancer Care Center Project; and (v) a primary healthcare PPP proposed to be piloted in Makueni County before being scaled up to all the 47 Counties in Kenya.
  • Advising the Government of Kenya (GoK) on a proposed Second Nyali Bridge PPP project in Mombasa County. As part of the first mover PPP projects in the country, our scope included advising on the regulatory framework, undertaking a feasibility study, drafting project agreements, preparing bid documents, and generally advising on the PPP structure.
  • Developing the procurement framework, project structure and documents for the Affordable Housing Programme (AHP) rolled out by the Government of Kenya. We have subsequently acted for developers of over 5,000 affordable housing units under the Programme.
  • Advising KenGen on the set up, structure, operationalization and onboarding of investors into the pioneer world class Green Energy (Industrial) Park in a special economic zone in Kenya, with access to 100% renewable energy, logistics infrastructure, and transport networks.
  • Acting for a consortium which has been awarded projects under the Roads Annuity Programme to finance, design, build, maintain and transfer the roads for the period specified in the Project Agreement.
  • Advising the County Government of Nakuru and the World Bank on a municipal solid waste management PPP Project, as part of a transaction advisory team. In addition to the legal feasibility study, we were involved in advising on PPP / procurement options, risk allocation, developing the contract structure and generally on legal matters incidental to the project.
  • Advising the Export Processing Zones Authority (EPZA) on strategic interventions to enhance the investment environment and increase domestic and foreign investments in Kenya’s textile and apparel manufacturing sectors.
  • Advising the World Bank and Nairobi and Mombasa Counties, on a PPP options study for accelerated and sustainable non-revenue water reduction.
  • Acting for an international construction company, on the development and operation of a Special Economic Zone under a PPP arrangement.
  • Advised a private party on the set up of an organic waste management plant in one of the Counties in Kenya. The plant is expected to form a prototype to be scaled up and rolled out across the country.
  • Advising a potential developer on the Lamu Port, South Sudan, Ethiopia Transport Corridor (LAPSSET) project. Our role involved advising on PPP structuring, review of various project documents and generally advising the client on compliance with the local laws and regulations on PPPs.
  • Advising a private party on an education PPP to be undertaken as a privately-initiated investment proposal.
  • Acting for a bidder in the procurement of a concessionaire for the development, operation and management of the second container terminal port of Mombasa, Kenya, under a PPP arrangement.
  • A private party on PPPs for a market and social hall in Nairobi County.
  • Ranked Band 1 in Projects & Energy (Chambers & Partners, 2025)
  • Ranked Band 1 in Banking & Finance (Chambers & Partners, 2019 - 2025)
  • Ranked Tier 1 in Privatisation & Projects (The Legal 500, 2019-2024)
  • Ranked Tier 1 in Banking & Finance and Capital Markets (The Legal 500, 2019 - 2024)
  • Ranked Tier 1 in Finance & Corporate (IFLR1000, 2019-2023)
  • Ranked in Projects Development (IFLR1000, 2018-2024)
  • IKM and DLA Piper awarded “Transportation and Infrastructure Team of the Year” (African Legal Awards, 2016)