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Public Sector

  • Overview
  • Experience
  • Market recognition

Our lawyers in Kenya advise public sector bodies procuring major infrastructure projects on every legal aspect, from developing the procurement strategy, producing and negotiating contractual documentation, tax structuring, forms of delivery, and risk allocation between the public and private sector. 

Public procurement is an area which is subject to a lot of scrutiny, thereby amplifying the need to ensure that the same is handled in a manner that protects both the public and private-sector players while also achieving the procurement objectives without unnecessary delays arising from procurement disputes. 

While public procurement laws and regulations are, strictly speaking, aimed at regulating procurement by public entities, private-sector players are also called upon to comply with such laws whenever they do business with public entities. Our Dispute Resolution department also provides support in case of a challenge to, or a dispute around, a procurement process.

Capabilities

  • Structuring of public procurements

  • Preparation of tender documents

  • Tender clarification responses

  • Support on tender evaluation

  • Negotiation and finalization of ensuing contracts

  • Dispute resolution

  • Risk analysis and mitigation

Experience includes:

  • Advising the Government of Kenya (GoK) on the development of a procurement structure for the Affordable Housing Programme (AHP), including project structure and documents for the AHP. We have subsequently acted for developers of over 5,000 affordable housing units under the Programme.
  • 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 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 the Federal Republic of Somalia in developing its mining legislation, subsidiary regulations to operationalize the mining legislation, and capacity building activities in the mining sector. Our scope included advising the Government on the review and amendments of its mining laws, development of a model mining contract, and capacity building training to government officials, government agencies and local lawyers on structuring, drafting and negotiating mining contracts.
  • Advising various Government of Kenya entities (the Public Private Partnerships Directorate, the Kenya Special Economic Zones Authority and other Government officials) on the development and implementation of Special Economic Zones (SEZs) in Kenya using PPP arrangements. Our scope involved analysing the legal and institutional framework applicable to the establishment of SEZs using the PPP model in Kenya, as well as international market standards and best practices, analysing the existing Kenyan SEZ initiatives, benchmarking successful SEZs in comparable markets and making policy recommendations.
  • Acting for the Federal Republic of Somalia in developing a model production sharing agreement (PSA) and all supporting procedural documentation by way of a toolkit to guide the Somali Ministry of Petroleum and Natural Resources and the Somali Petroleum Authority in the management of upstream petroleum activities, and profit-sharing of the country’s petroleum resources. Our scope included preparing a model PSA meeting international standards and capacity building training to government officials, government agencies and local lawyers on the Model PSA and the negotiation manual.
  • Acted as international counsel to Botswana Oil Limited on its first ever PPP which involved the development of a bulk petroleum storage terminal with a holding capacity of 171 million litres at Tshele Hills in Botswana.
  • Advising the Government of Kenya on a proposed Second Nyali Bridge PPP project in Mombasa County. As pat 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.
  • 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.
  • Advising KETRACO on the procurement of a carrier neutral commercial tier IV data centre solution.
  • 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)